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Bowie General > Attention >>> Lawyer

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DiedrichDonatedPosted at 2018-04-03 08:21:42(312 wks ago) (Bowie General / Attention >>> Lawyer)


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attention! for the people who make a cd cover themselves, and put it online. .being careful who made the original photo (copyright ), you can get into trouble like me (lawyer €€€)
I have a problem with the bootleg "Standing by the Berlin Wall"



Greeting
Diedrich

and this is my Bowie website:
http://www.davidbowieworld.nl
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SteveboyDonatedPosted at 2018-04-03 11:05:33(312 wks ago) (Bowie General / Attention >>> Lawyer)


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How much trouble Diedrich??

Steveboy



NO DISCUSSION I JUST WANT TO LISTEN TO THE MUSIC
WANTED
FRANKFURT 1976
1978 REHEARSALS
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DiedrichDonatedPosted at 2018-04-03 11:46:04(312 wks ago) (Bowie General / Attention >>> Lawyer)


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I got a "book" of papers from a lawyer that I showed a photo on my website of a press photographer (CD cover "Standing by the Berlin Wall):

I had to remove this immediately and pay the costs for using the photo and the lawyer fees

:-(



Greeting
Diedrich

and this is my Bowie website:
http://www.davidbowieworld.nl
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SteveboyDonatedPosted at 2018-04-03 13:29:23(312 wks ago) (Bowie General / Attention >>> Lawyer)


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Diedrich wrote:

I got a "book" of papers from a lawyer that I showed a photo on my website of a press photographer (CD cover "Standing by the Berlin Wall):I had to remove this immediately and pay the costs for using the photo and the lawyer fees :-(

Not good, everybody beware

Steveboy

Last edited by Steveboy on 2018-04-03 13:29:53




NO DISCUSSION I JUST WANT TO LISTEN TO THE MUSIC
WANTED
FRANKFURT 1976
1978 REHEARSALS
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DiedrichDonatedPosted at 2018-04-03 14:41:11(312 wks ago) (Bowie General / Attention >>> Lawyer)


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You must have what About your hobby 8o



Greeting
Diedrich

and this is my Bowie website:
http://www.davidbowieworld.nl
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FallDog1981Posted at 2018-04-03 14:59:40(312 wks ago) (Bowie General / Attention >>> Lawyer)


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Diedrich, did the photo you use have a copyright attachment? As in was it clear that this picture was under copyright?

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learmDonatedPosted at 2018-04-03 15:43:15(312 wks ago) (Bowie General / Attention >>> Lawyer)


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Hi Diedrich, that's in fact no good news and I think we all should rethink our lax manner to use website photos for covers. It looks that I will will remove a lot of my covers from this site here.
I always thought it doesn't matter if it is not for commercial use but these specialized lawyers don't care for this as long as they can make money out of it.

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DiedrichDonatedPosted at 2018-04-03 15:48:05(312 wks ago) (Bowie General / Attention >>> Lawyer)


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@ FallDog1981
I don’t , I have the cd from dime torents and put this cd artwork on my website

Last edited by Diedrich on 2018-04-03 15:49:47




Greeting
Diedrich

and this is my Bowie website:
http://www.davidbowieworld.nl
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100PCBPosted at 2018-04-03 16:35:50(312 wks ago) (Bowie General / Attention >>> Lawyer)


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I would have challenged that one.

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DiedrichDonatedPosted at 2018-04-03 16:42:28(312 wks ago) (Bowie General / Attention >>> Lawyer)


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100 pcb > are you serious ?



Greeting
Diedrich

and this is my Bowie website:
http://www.davidbowieworld.nl
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FallDog1981Posted at 2018-04-03 16:46:53(312 wks ago) (Bowie General / Attention >>> Lawyer)


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OK well a little lesson for us all. Never pay a lawyer who claims anything is owed over copyright. The only person who can decide if you or anybody else has done anything wrong is a court appointed judge and only he/she can determine if the law has been broken.

Just because a person infringes copyright in the eyes of the plaintiff does not mean they have broken any laws. Again a judge decides this.

The lawyer in this case has chanced it and got a result and unfortunately you would need to take them to court for defrauding you which would likely cost you more than the money you have paid them.

For future reference (learm, maybe this should be placed somewhere on the upload section of this site)

If a lawyer contacts any of you claiming that you owe money for a copyright infringement, you do not and the lawyer is chancing their luck. Reply by recorded delivery (never through email) that you use the material for illustrative purposes only and no moneys have ever or will ever be exchanged between yourself and a third party. If the copyright owner feels you have infringed their rights then ask them to contact you with details of the infringement and the offending image will be removed.

You will never be taken to court over use of a single image for a non profit project so reply with no rudeness or counter arguments. Simply ask for proof of the infringement and offer to remove the image upon receipt of the material evidence.

If the lawyer then threatens court over a single image, reply explaining that you have tried to cooperate and will now no longer respond to any further correspondence from them. You will not receive a court summons after that unless you are genuinely flouting the copyright holders rights for profit such as selling the bootleg.

Obviously the biggest violation here is the bootleg itself, a court will not chase these cases so they absolutely will not pursue over an image.

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DiedrichDonatedPosted at 2018-04-03 17:07:12(312 wks ago) (Bowie General / Attention >>> Lawyer)


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Many Thanks Falldog1981

Last edited by Diedrich on 2018-04-03 17:07:59




Greeting
Diedrich

and this is my Bowie website:
http://www.davidbowieworld.nl
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FallDog1981Posted at 2018-04-03 17:09:33(312 wks ago) (Bowie General / Attention >>> Lawyer)


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No trouble at all.

And I love the site. Great work.

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flankerPosted at 2018-04-03 18:40:16(312 wks ago) (Bowie General / Attention >>> Lawyer)


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If you put artwork from a bootleg/cd on the net and you did not make this artwork you're not using his photowork but a photo from a cd that used his photowork. so this lawyer has to go to the CD producer. As same with tv, if we use video from tv programes or other you have to pay the producent of that work. but if you film a monitor with this work (like youtube in the screen) you don't have to pay.
Is it a photo from Hane

Last edited by flanker on 2018-04-03 18:42:29


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DiedrichDonatedPosted at 2018-04-03 19:10:19(312 wks ago) (Bowie General / Attention >>> Lawyer)


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this is just Flanker, only you have to be able to indicate who you received it from

no it's not een fop from HANE



Greeting
Diedrich

and this is my Bowie website:
http://www.davidbowieworld.nl
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FallDog1981Posted at 2018-04-03 19:41:11(312 wks ago) (Bowie General / Attention >>> Lawyer)


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This is not true I'm afraid. Ignorance is not a reasonable defense in cases of copyright infringement. But as I state in my previous message, none of you should be paying out to any lawyer in these matters. It is a simple case of removal at worst.

As for finding an image on a site and then using it, it is you the user who has to make sure you are not infringing somebody else's creative content. Copyright on an image, video or audio recording is not something that the creator has to justify, as soon as the shutter clicks so to speak, copyright exists, much in the same way with messages, as I type, my creative expression is protected. This of course is not how law ends up working out but it is the principle.

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DiedrichDonatedPosted at 2018-04-03 19:46:31(312 wks ago) (Bowie General / Attention >>> Lawyer)


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Falldog1981, thanks again, it is becoming more and more clear :-)

Last edited by Diedrich on 2018-04-03 19:47:38




Greeting
Diedrich

and this is my Bowie website:
http://www.davidbowieworld.nl
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FallDog1981Posted at 2018-04-03 21:25:26(312 wks ago) (Bowie General / Attention >>> Lawyer)


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No trouble at all.

I just thought I would take a look around your site to see if there are any pointers as to why a lawyer would specifically target you for such a tiny thing and I can't find anything obvious but I do have some points that can be used by a copyright holder to suggest you are a little more than fair use.

These are just my thoughts and they are intended only to aid you so I hope I cause no offence as that is not my intent.

Firstly is the Donation button, while not earning a living from it a copyright holder could claim that you are drawing some income from it especially as it simply leads to PayPal. It would be wise to give it some more clarity such as what it costs to run your site and how much has been donated in that current year. You are of course doing nothing wrong but giving it a presence does no harm.

You say "There are no links to downloadable music or artwork: This site is for reference only !" I would also add "if you feel this site has used your image unfairly please contact me at <your email> and I will be happy to remove or give credit where appropriate" and make it more prominent on the site so it can't be missed and include it on the Contact page.

I can't see any area of your site that goes beyond fair use so if anybody ever contacts you again so aggressively tell them to piss off, nicely though :)

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PortlandbillPosted at 2018-04-03 23:09:36(312 wks ago) (Bowie General / Attention >>> Lawyer)


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Please see below.

Last edited by Portlandbill on 2018-04-03 23:28:25




I don't know where I'm going from here, but I promise it won't be boring.
   
I'm not a prophet or a stone aged man, just a mortal with potential of a superman. I'm living on.
 
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PortlandbillPosted at 2018-04-03 23:27:09(312 wks ago) (Bowie General / Attention >>> Lawyer)


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I agree with FallDog and he has hit the nail firmly on the head.I am very sorry D but you maybe the victim of malicious a scam....

Let me give you an idea this is a synopsis of UK Law.


The Copyright, Designs and Patents Act 1988, is the current UK copyright law. It gives the creators of literary, dramatic, musical and artistic works the right to control the ways in which their material may be used. The rights cover: Broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work.

Copyright arises when an individual or organisation creates a work, and applies to a work if it is regarded as original, and exhibits a degree of labour, skill or judgement.

Interpretation is related to the independent creation rather than the idea behind the creation. For example, your idea for a book would not itself be protected, but the actual content of a book you write would be. In other words, someone else is still entitled to write their own book around the same idea, provided they do not directly copy or adapt yours to do so.

Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements may be.

Normally the individual or collective who authored the work will exclusively own the rights. However, if a work is produced as part of employment then normally the work belongs to the person/company who hired the individual. For freelance or commissioned work, rights will usually belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service).

Only the owner, or his exclusive licensee can bring proceedings in the courts against an infringement.

Duration of rights

   For literary, dramatic, musical or artistic works

   70 years from the end of the calendar year in which the last remaining author of the work dies, or the work is made available to the public, by authorised performance, broadcast, exhibition, etc.

   The Copyright (Computer Programs) Regulations 1992 extended the rules covering literary works to include computer programs.
   Sound Recordings and broadcasts

   50 years from the end of the calendar year in which the last remaining author of the work dies, or the work is made available to the public, by authorised release, performance, broadcast, etc.
   Films  

   70 years from the end of the calendar year in which the last principal director, author or composer dies, or the work is made available to the public, by authorised performance, broadcast, exhibition, etc.
   Typographical arrangement of published editions

   25 years from the end of the calendar year in which the work was first published.

Types of work covered

   Literary  

   Song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters and articles etc.
   Dramatic  

   Plays, dance, etc.
   Musical  

   Recordings and score.
   Artistic  

   Photography, painting, architecture, technical drawings/diagrams, maps, logos, etc.
   Typographical arrangement of published editions

   Magazines, periodicals, etc.
   Sound recordings

   May be recordings of works, e.g. musical and literary.
   Films  

   Broadcasts and cable programmes.

Rights do not subsist in any part of a work which is a copy taken from a previous work.

Last edited by Portlandbill on 2018-04-03 23:30:35




I don't know where I'm going from here, but I promise it won't be boring.
   
I'm not a prophet or a stone aged man, just a mortal with potential of a superman. I'm living on.
 
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