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Derivative Work-Retouching?

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  #21  
Old 12-18-2011, 08:59 AM
borkiss borkiss is offline
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Re: Derivative Work-Retouching?

Yes, but we don't have any contract, I only have the psd files with the layers and the original photos and the e-mails. Also, he has made screenshots of the website and he claims that even I remove the postings, he will sue me because of the screenshots. I will wait until my lawyer replies.
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  #22  
Old 12-18-2011, 09:02 AM
creativeretouch creativeretouch is offline
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Re: Derivative Work-Retouching?

Quote:
Originally Posted by borkiss View Post
Yes, but we don't have any contract, I only have the psd files with the layers and the original photos and the e-mails. Also, he has made screenshots of the website and he claims that even I remove the postings, he will sue me because of the screenshots. I will wait until my lawyer replies.
Take screenshots of his websites as well and try to get his client's contact. But wait until your lawyer will reply.
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  #23  
Old 12-18-2011, 09:05 AM
borkiss borkiss is offline
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Re: Derivative Work-Retouching?

I already did it, thanks
P.S. I don't think that screenshots are any proof, because they can be modified as any other digital object (photo, audio, video). I will write here about this problem, the lawyer's advice, etc, in case someone else is interested or have the same problem. The worst thing that could happen is we both waist our money and time and all this for nothing.
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  #24  
Old 12-18-2011, 10:00 AM
borkiss borkiss is offline
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Re: Derivative Work-Retouching?

Ok, my lawyer said... I will try to translate it in English, but it was something like this:
"From experience I have, I guess the photographer wont file charges and he is just trying to scare you, also his statements and charges are very difficult to prove. If he sues you, the case will be transferred to your country, but for this he has to send you an invitation and he does not have your address. If the case is opened it will take place in your country and I will take care of your protection. For now, don't answer him and don't worry, he can't do anything"

So.. that is for now, to be continued..
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  #25  
Old 12-18-2011, 10:58 AM
creativeretouch creativeretouch is offline
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Re: Derivative Work-Retouching?

That's a good news ... pls. keep us informed ...
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  #26  
Old 12-18-2011, 11:08 AM
borkiss borkiss is offline
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Re: Derivative Work-Retouching?

About my blog posts, my lawyer said that "you can write whatever you want in your blog, if you have evidence that it is true."

Also, to anyone who is threatened with court from a person in another country in EU, you should know, that even the applicant (in this case the photographer) does not have your real address, he can have your real address with court order between the Ministries of Justice in his and your country, in which case there will be international cooperation between police of both countries and this way your IP address can be traced. But this will take a lot of time (and money). For a case to be opened and a person to be sued, there has to be invitation to appear before court, and for this - the person who sues you needs your real address (which is the address on your ID card). I am sorry, I can't translate the things my lawyers said to me very well, because there are many legal terms which I don't know in English. But the big picture is - the photographer does not have any legal claims against me and if he sues me, I will win. I have more reasons to sue him. He threatens me because of the blog post about him. When you type his name in google, my posts appear on first page. Apparently, some people saw this and didn't want to work with him. Poor guy, he can't lie and steal from other people anymore *irony*
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  #27  
Old 12-18-2011, 11:31 AM
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Repairman Repairman is offline
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Re: Derivative Work-Retouching?

Send invoices to the end-user client using your work on their website. Tell them to pay up or remove the images. It's not worth you pursuing it in financial terms but It'll make the photographer look like the unprofessional twat he clearly is.
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  #28  
Old 12-18-2011, 07:09 PM
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mistermonday mistermonday is offline
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Re: Derivative Work-Retouching?

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Originally Posted by Repairman View Post
Send invoices to the end-user client using your work on their website. Tell them to pay up or remove the images. It's not worth you pursuing it in financial terms but It'll make the photographer look like the unprofessional twat he clearly is.
Repairman offers excellent advice. In other business, especially high tech, when there is a patent infringement, the injured party's first response is often to go after the offender's end customer because that that gets very rapid response and attention. End customers run for the hills if they believe they do not have indemnification for items they have purchased or licensed, especially if they are reputable businesses or individuals.

You have no legal agreement / contract with the photographer so you don't really have a leg to stand on. The original photos are his intellectual property and you do not have any rights to it including keeping a copy that you have acquired, whether he sent them to you or not. The photographer assumes that it will be significantly to your detriment financially to pursue legal action. So your best bet is to try the route that repairman has suggested.

Good luck with the resolution.
Regards, Murray
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  #29  
Old 12-29-2011, 05:07 AM
ChristopherGFX ChristopherGFX is offline
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Re: Derivative Work-Retouching?

Yeah, ironically if you traced the picture with a pencil you'd have rights as an artist, but retouchers are second-class citizens when it comes to copyrights. This is why you need a signed contract to give you rights and release you from work for hire.

Contracts are a pain, but clients will let usually let you charge them a fee for the proposal/planning, or you can call it a 'membership fee' or some other creative jargon.
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