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-- what are my rights?

Posted by j_spot on Jun-12-2002 17:08:

what are my rights?

I took a picture its located here(sorry, I cant show it on this board for some reason, so click the link and open in new window so you can compare
http://communities.msn.com/_Secure/...XyZXf2lJwW*WMQY!c3ba2lTQAAAAAAAAAA/DSCF0593.JPG

then a promoter goes and uses my pic w/out asking me. All he did was photoshop it abit, and now its this

What are my rights regarding this matter?
and im canadian..so all american law is garbage

Posted by Ste on Jun-12-2002 17:18:

Re: what are my rights?

quote:
Originally posted by j_spot so all american law is garbage

it is anyway isnt it?

Posted by Cafster on Jun-12-2002 17:22:

quit your bitchin...all you did was take the picture. not like its something you created or copywrote. there are millions of pics they could have used.

if i were you id be bragging that they used mine instead of whining about something as trivial as this.

Posted by PatMcGroin on Jun-12-2002 17:57:

i would just approach them with a copy of the picture and the negative and be like "where at my royalties?" demand they pay you some shit, chances are they just might...they might not want the "media" attention if you go to court, and they may not want the stress either

i would just bitch their ears off....good luck

Posted by attacc on Jun-12-2002 18:02:

quote:
Originally posted by Cafster
quit your bitchin...all you did was take the picture. not like its something you created or copywrote. there are millions of pics they could have used.

if i were you id be bragging that they used mine instead of whining about something as trivial as this.

Yes, but he did not ask for J-Spot's comission. It is J-Spot who took the picture, he's the one who own the copyright. Taking pictures is art, therefor it is creating. J-Spot, you could sue the promoter if you can prove that the promoter lifted the picture from you.

whining? He ain't whining. You is the one who is whining. I'd be pissed if someone stole from me too, because that is what the promoter has done.

Cafster, quit being ingorant

Posted by Orbax on Jun-12-2002 18:03:

there IS something called intellectual property. Dont know if Canada uses though

Posted by Orbax on Jun-12-2002 19:09:

actually intellectual property requires no copyright. And if they are using it for promotion or gain its illegal and it doesnt matter if they claim ownership for it or not.

Posted by Cafster on Jun-12-2002 19:12:

hmmm...learn something new everyday i guess

just did some research j_spot, this'll help

http://strategis.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html
for some reason it wont make the link so just copy and paste.

and they do consider photos artwork, though i personally dont. but that is just an opinion. like i said before...id be flatered that my picture was used, but whatever. that link will help you out.

Posted by SportTrance on Jun-12-2002 19:53:

Re: Re: what are my rights?

quote:
Originally posted by DuMonde TrAnCeR

it is anyway isnt it?

Oh yeah, because the British have plenty of room to talk about corrupted law. You might want to read your history books.

Posted by attacc on Jun-12-2002 20:31:

sorry, if I seemed a bit harsh. I would be flatered too if someone wanted to use something I had made, but if I found out they had used it without my permission or even without aksing me I would be upset.

Of coz we are all in title of our own opinion, but law is law

Cheers!

Posted by Cafster on Jun-12-2002 20:34:

quote:
Originally posted by attacc
sorry, if I seemed a bit harsh.

eh...dont worry about it. i kinda came off like an ass

Posted by j_spot on Jun-12-2002 20:52:

ok..I failed to mentions these bits as I was nearly late for work. I take pics for the promoter..but @ that certain show, cameras were not allowed. yet I managed to sneak mine in.

Im not looking for money or anything, cuz well..suing the promoter would fuck me over, ROAR would be put into use, and I cant go to events anymore..

The bit that pisses me off is the credit.(bottom right) It goes to Daniel @ visuel.org.... visuel.org is the guy who runs the webpage and now is doing the flyers, I guess...

This will be more for FUTURE hopes..shouldnt it give me photo credit? Really all that Daniel did was mirror the pic, and give it a bit of colour. so it pisses me off that I dont get any credit. like a photo taken by Jason Boland !art by Daniel @ visuel.org

That would be enuf to satisfy me. I think ill talk to the promoter tonight @ Steve Lawler:lights out tour

Posted by Az on Jun-12-2002 23:09:

Re: Re: Re: what are my rights?

quote:
Originally posted by SportTrance

Oh yeah, because the British have plenty of room to talk about corrupted law. You might want to read your history books.

Scuse me?? don't seem to have any history books with the relevant information, maybe you can enlighten me??

Posted by SportTrance on Jun-13-2002 08:55:

Re: Re: Re: Re: what are my rights?

quote:
Originally posted by Az

Scuse me?? don't seem to have any history books with the relevant information, maybe you can enlighten me??

errr, don't worry about it......

Posted by rupert on Jun-13-2002 09:04:

i would guarantee the fundamental laws regarding Intellectual property are the same in american and other western countries are the same, from recollection most western countries are signatories to international conventions guaranteeing Intellectual Property.

Anyways a person who takes a photograph owns the intellectual property(IP) in the photo, unless they are working for someone to take the photo, then the IP belongs to their employer.

The holder of the IP has the right to be associated with their work, and has the right to protect that work from being poached, or altered in a way unintended from the original.

In this case if the picture was used without authority, the IP holder has the right to insist that there name be used when that picture is shown in the future. If they derived a profit from the use of the photo, technically the IP holder could sue to obtain a percentage of the profit.

Posted by j_spot on Jun-13-2002 10:08:

I think im going to ask for photo credit on future flyers if he uses another pic.

And for this CERTAIN event I was not working for the promoter..I snuck the camera in.

Posted by dig2k on Jun-13-2002 13:12:

Re: Re: Re: Re: Re: what are my rights?

quote:
Originally posted by SportTrance
errr, don't worry about it......

I'm interested 2, prehaps u cud let us all no...

Posted by SportTrance on Jun-13-2002 14:20:

Re: Re: Re: Re: Re: Re: what are my rights?

quote:
Originally posted by dig2k

I'm interested 2, prehaps u cud let us all no...

Or perhaps you could pick up a history book. If you guys honestly believe there was absolutely no corruption in British ruling, at any time what so ever, just say it. Of all people I would believe the English would be one of the most knowledgeable and honest people when it comes to their countries origins and history. Lets face it, every great country/empire has had its struggles through time, its all part of what assists in its growth. There should definitely be no shame in admitting to it.

Posted by Cafster on Jun-13-2002 15:32:

Re: Re: Re: Re: Re: Re: Re: what are my rights?

quote:
Originally posted by SportTrance

Or perhaps you could pick up a history book. If you guys honestly believe there was absolutely no corruption in British ruling, at any time what so ever, just say it. Of all people I would believe the English would be one of the most knowledgeable and honest people when it comes to their countries origins and history. Lets face it, every great country/empire has had its struggles through time, its all part of what assists in its growth. There should definitely be no shame in admitting to it.

they want you to give them a specific time when it happend instead of beating around the bush. so just do a search online or find an encyclopedia. shouldnt be hard to find something.