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Becareful with the following site

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  #1  
Old 04-01-2011, 06:48 PM
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Boneappetit Boneappetit is offline
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Becareful with the following site

The site on the link was built with stolen works from different artists and even one of my works... Just in case you guys want to check it out, perhaps they used some of your works too... http://www.fixarphotos.com/photo-ret...ouching.html#1

Last edited by Boneappetit; 04-03-2011 at 07:16 PM.
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  #2  
Old 04-02-2011, 10:33 AM
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Pari Retouch Pari Retouch is offline
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Re: Becareful with the following site

Oh yes I got to know about this site on modelmayhem, I wonder how dare they do it :P
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Old 04-04-2011, 10:37 AM
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Re: Becareful with the following site

Hm, getting a "403 forbidden.." - maybe the host is acting on behalf of the plaintiffs...
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Old 04-04-2011, 10:56 AM
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chinchillakilla chinchillakilla is offline
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Re: Becareful with the following site

Yeah i get the same but that is good i don't condone stealing work then showcasing as your own shame on them but on a plus side they must think it good work for them to steal it
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Old 04-04-2011, 11:17 AM
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Boneappetit Boneappetit is offline
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Re: Becareful with the following site

Yes Vernon, I get the same forbidden error too. Looks like they did something about it...
I agree chinchillakilla that if they steal other's work for showcasing, they like such works, but on the other hand, imagine what kind of retouchers they are if they can't come up with their own retouches in order to establish their own site. ???
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Old 04-04-2011, 01:32 PM
sirrduke2010 sirrduke2010 is offline
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Re: Becareful with the following site

I will say that I am not an attorney so I can't give legal advice.

This is the information I know about this situation

If Model Mayhem is posting stolen works on their site and you make them aware of it then it is a Federal violation of the copyright law. Under the Digital Milennium Act Passed by Congress, after an International Consortium of Nations of the World which agreed on following certain guidelines to protect copyrights the website, once made aware of a violation must remove the offending material or they could be violating Federal Copyright Laws. I don't know the penalties for violating this Federal Law and whether or not you can sue the website for damages.

I don't know how aggressive you want to be. I have the address of at least one photo attorney that specializes in photographic copyright law. Her name is Carolyn Wright and her website is www.photoattorney.com. The ASMP might be another source. Also there is a website for the US copyright office office in Washington D.C. If you decide to do anything you must make copies of the material to prove your violation. Copying a page of the website, date, address, and the material is necessary. Also proof that you contacted Model Mayhem and they didn't do anything. Violating Copyrights is serious business but I would read of terms and conditions of the site itself. Websites now are notoriously have releases that you affirm by becoming a member and give the site or certain people in the site the right to use, advertise with, and edit your images at will.

Copyrighting your images is your best protection. I hope that I have been of help. I will say that I am not an attorney so I can't give legal advice.
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Old 04-04-2011, 02:48 PM
drode drode is offline
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Re: Becareful with the following site

Quote:
Originally Posted by sirrduke2010 View Post
Copyrighting your images is your best protection.
Like the prior poster, I am NOT an lawyer or copyright expert.

In the US (and many other countries) copyright is assumed upon the creation of any copyrightable work. No extra steps are required. For my purposes, this is sufficient protection.

However, registering the copyright on a work gives the owner the ability to recover monetary damages and other benefits. The owner of the work in question may be asked to prove ownership. So, keep copies, embed your info in the image upon creation, etc.

If your work is valuable enough to warrant suing for damages, my advice would be to consult with a copyright attorney.

Last edited by drode; 04-05-2011 at 07:30 AM.
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Old 04-04-2011, 08:27 PM
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Re: Becareful with the following site

Quote:
Originally Posted by chinchillakilla View Post
Yeah i get the same but that is good i don't condone stealing work then showcasing as your own shame on them but on a plus side they must think it good work for them to steal it
Heh, I just love how you make Lemonade out of lemon! Never thought of it this way.
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  #9  
Old 04-04-2011, 11:33 PM
sirrduke2010 sirrduke2010 is offline
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Re: Becareful with the following site

Guys we have a copyright attorney on RetouchPro.com and her name is Carolyn Wright and her website address is: www.photoattorney.com. Just a big FYI to all.

I am not an attorney so I can't give legal advice but I have attended a copyright seminar. It isn't enough all the time just to have a copyright, you must have the copyright before they post the work because if it after all you can do is to get them to remove the item. You must have all your ducks in a row to be even able to pursue damages. If someone violates your copyright then you have to prove it is your image. Copyrights help with that. If the person removes your watermark then you can go after them for damages even if you don't have a copyright. Having a copyright proves ownership of the picture.
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  #10  
Old 04-04-2011, 11:40 PM
sirrduke2010 sirrduke2010 is offline
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Re: Becareful with the following site

Bone Appetit,

In the future you might want to make copies of the works stolen. A copy of the page itself with the date. You never know when the information may become handy. I call it making a documented history. I would do some research and if it happens again you are ready.
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