| Author | Message | ||
     Froggy |
I stumbled on this: http://www.pashnit.com/product/piaa.html  I just knew it happened to look quite familiar.  Guess I better be making a phone call for my royalty bonus  | ||
| Dentguy |
Wow! Where have you posted that pic? Here? | ||
| Unrealtrip |
Wow that is f*cked up, what an assh*le.  I like the original picture quite a bit however  | ||
| Froggy |
I have posted it a few times on here. I got a feeling this guy is a Badwebber, the name sounds familiar. | ||
| Gsilvernale |
I think pashnit is some guy that write's motorcycle travel adventures. When I was planning a trip to Alaska, I came upon one of his travel logs. You get to read the first few pages for free, and if you want more, then you got to pay. Lawsuit time! | ||
| Thegibbon |
He wrote a good review of the 2006 Uly - it actually helped me decide to get one. http://www.pashnit.com/bikes/BuellUlysses.htm | ||
| Johnboy777 |
Once you post (publish) a photograph for public consumption (release) without proper author and credits information, you pretty much release your rights to it as well. . | ||
| Davegess |
Once you post (publish) a photograph for public consumption (release) without proper author and credits information, you pretty much release your rights to it as well. No you don't. Every photo or any work of creativity has a copyright attached to at the moment of its creation. Absent some other arrangement the copyright is owned by the author and any usage without permission is theft. Penalties for this theft can be quite expensive. The standard award in a copyright violation is how much income the violation cost you, this may be just what they should have paid you in the first place but if they cost you other sales or something this can be more. Then after the amount is determined it is TRIPLED just to make sure you get the idea that this is serious business. Froggy I would contact the company doing this and ask them for payment. Payment should be the going rate for for this kind of thing. Send me a PM and I can give you a number that would be reasonable. | ||
| Khelton |
It's a pretty straight up website.....writings are xlnt, ride reports on his site are great and he has by far the most thorough listing of ride routes I have ever seen...havehim give you credit and leave it out there for all to see... | ||
| Froggy |
Johnboy, I have posted on the bottom of every page in my photo gallery
http://froggypwns.com/images/2007-09-12/slides/IMG _1812.html I am just miffed that he didn't at least ask. Palmer Products has a few pics of mine on his site pimping their goods, but Strada asked several times, and I never asked for compensation (although he did give me a nice deal on some stuff ) | ||
| Froggy |
Dave, I am going to sleep on it, I will drop you a PM depending on what I decide. I will probably just email him and ask that he at least give the credit. Hell maybe I can get a nice discount on the GoPro HD camera instead | ||
| Froggy |
Found an old post with the picture: http://www.badweatherbikers.com/cgibin/discus/show .cgi?tpc=37&post=971582#POST971582 | ||
| Court |
Dead accurate. Otherwise . . . . we'd be in the business of simply cropping off the COPYRIGHT notice and using photos. The burden is on the USER to find the source of the photo. | ||
| Davegess |
Hell maybe I can get a nice discount on the GoPro HD camera instead that would be a good deal. This is not a high value use so getting credit and a nice discount would be fair. If this was a high traffic site bringing lots of cash you might get few hundred bucks. | ||
| Two_buells |
I’m not a pro photographer, just an amateur. I took a lot of shots of Bubba Blackwell doing a stunt show at Lancaster HD a few years ago. I gave the pictures to Bubba and his wife gave me a t-shirt. I was not looking to get paid, I just love taking pictures. Bubba gave some of the good shots to H-D/Buell and they ended up on that new model CD that Buell made a few years ago. That was the year Buell had all the new models on a CD and there were a lot of stunt photos on the CD. Well the shots of Bubba were taken by me. | ||
| Towpro |
Here is a story of a lady near St. Louis who posted her family picture on a blog. Then a college friend was driving through Prague and found it plastered across a store window as an advertisement! http://rss.msnbc.msn.com/id/31214408/ Most times I put a watermark on the picture you can find when you blow it up. | ||
| Johnboy777 |
My bad, looks like I was wrong - here ya go Froggy. LINK: http://www.photolaw.net/faq.html Q. How do I copyright my works? A. A copyright originates at the moment a work is created. For a written work, the copyright comes into existence as the words are typed, printed, or saved to a computer disk. For a photograph, the copyright is created at the moment the image is developed. If a photograph is taken with a modern digital camera, the copyright originates at the time the image is saved on a computer disk or on a hard drive. As long as the work exists in tangible form or can be understood or reproduced with the aid of a machine, it is copyrighted. . | ||
| Cyclone8u |
FYI. It is always best practice to embed your copyright/contact info into the file. With the proliferation of information over the internet it is getting increasingly difficult to find the copyright holders of original work. As such, a bill titled the Orphaned Works Act was proposed and failed to pass through Congress last year. This bill would grant free use of any work that was available in the public domain where the copyright holder was not able to be found. It's only a matter of time before the copyright laws do get modified in this manner, so every image I have gets my contact information embedded in the IPTC field of the file. Most image editing software and modern OS's have the capability of inserting this data. If you have images that are particularly good and potentially worth money, you can also register them with the Library of Congress for a minimal fee ($35 I believe is the current rate). That way, even if someone strips the IPTC data from your image you are protected under the Digital Millennium Copyright Act. For my money shots, I also put a watermark through the image like this:  to prevent unscrupulous or even honestly ignorant people from reproducing my work for themselves. If they want a print, they can buy one from me or go out and try to get the shot themselves. Other photographers take the stance that they can't truly protect their images so as long as they get paid for some of their work, they don't care what Joe Blow does with the jpeg they grab off the internet. To each his own I guess. | ||
| Johnboy777 |
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| Packdog |
Hey Cyclone8u, What do you think you're doing?? I never signed a model release for that shot!  | ||
| Cyclone8u |
Model release??? We don't need no stinkin' model release.  Good luck making any money off that shot Johnboy  (Message edited by cyclone8u on November 14, 2009) | ||
| Cyclone8u |
Just so you know, the above image by Johnboy is a perfect example of how the law works for you. If he were to try to profit from that image, which he stripped of all copyright protection violating section 1201 of the Digital Millennium Copyright Act of 1998, this is what section 1204 will do for him: (a) IN GENERAL- Any person who violates section 1201 or 1202 willfully and for purposes of commercial advantage or private financial gain-- `(1) shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and `(2) shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense. But there is only a 5 year statute of limitations after the offense has taken place. I would say that Froggy's pic was used for the purpose of commercial advantage....I'd make contact with the offending company and just make them aware of this law and see if they would grease my palms with some greenbacks, but that's me -  | ||
| Marinus |
"Stolen" is an odd term when it's applied for violations of copyrights. A stolen painting, I understand that. The painting which used to hang on the wall ain't there any more. A stolen image... but the owner still has the image? Say I paint my Buell in wild purple paisley -- now someone takes a photograph of it without my permission. Have they stolen my bike? (None of the above is an attempt to excuse the misappropriation of Froggy's rights to the image(s) he's created. That was low class, at best.) | ||
| Froggy |
Yea I understand what you meant. Exactly like this comic means:  | ||
| Hooper |
Hilarious, Johnboy. "Pashnit" seems to have gotten ahead of himself - he has written a very interesting blog of rides in northern California. My research for rides in that area took me to him - good information. And, as has been noted, he does product reviews that are interesting. His use of Froggy's bike image is LAME, especially without citing it. It's just LAME, and it shows him to have become a WANKER. Lazy. |
