[ratpack] Re: [elky] OT: An interesting email exchange
- From: Michael Wells <mcwellsphoto@xxxxxxxxx>
- To: ratpack@xxxxxxxxxxxxx
- Date: Thu, 6 May 2010 11:49:09 -0600
I have a dvd that goes over copyright issues and how to file your copyright
images. If anybody is interested I'll dig around and see if I can locate the
dvd for your viewing pleasure.
Zamboni
On Thu, May 6, 2010 at 11:39 AM, <thanks2frank@xxxxxxxxx> wrote:
> Only problem I see with this is that unless you register your images with
> the library of congress your "copyright" isn't actionable or at least that
> is my understanding from an article in photoshop user. Your thoughts or
> understanding on the matter
>
> Sent from my Verizon Wireless BlackBerry
> ------------------------------
> *From: * Larry Knight <carpixguy@xxxxxxxxx>
> *Date: *Thu, 6 May 2010 11:33:24 -0600
> *To: *<ratpack@xxxxxxxxxxxxx>
> *Subject: *[ratpack] Re: [elky] OT: An interesting email exchange
>
> I love it Ray, well thought out and expressed. Can I use your verbage next
> time I get an ass that gives me the same argument?
> Has he responeded yet?
> Nice Job Mr. Rat!!
> Larr
>
> On Wed, May 5, 2010 at 10:04 PM, Ray Buck <rbuck@xxxxxxxxxxxx> wrote:
>
>> After researching this further, in print and on the web, this is the email
>> that will be sent to the person attempting to deprive me of my intellectual
>> property.
>>
>> Dear Johnny:
>>
>> Your email ended up in my spam filter. As a result I didn't get to it
>> until now.
>>
>> Let me explain something to you. I put watermarks on my photos because I
>> sell them. I'm sure you can understand selling, especially if you really DO
>> run a printing company. And if you make and sell prints of persons and/or
>> property, then you should know that releases are only required under very
>> specific conditions; conditions which are not met by property displayed for
>> the express purpose of being viewed. This is the law: "as long as a
>> photograph of private property is taken while the photographer is on public
>> property or on property that is accessible by the public then it is
>> permissible to publish that photograph without permission from the owner of
>> the property."
>>
>> There are several more issues you should be aware of
>>
>> - property per se, has no legal right to privacy.
>> - publishing of a photograph of property that is in public view is
>> protected under the First Amendment of the US Constitution.
>> - a photograph, drawing or other representation of publicly displayed
>> property is the intellectual property of the creator of the
>> representation.
>> - releases are appropriate for persons or groups of persons.
>> - releases are not required for publicly displayed property that
>> cannot be identified or otherwise connected with the owner of the
>> property.
>>
>> So, the photo stays right where it is. The original of the photograph is
>> my intellectual property. It was made using my equipment, my skill and my
>> time.
>>
>> If this is not clear to you, I suggest you consult an attorney and have
>> him or her explain the law to you.
>>
>> Sincerely,
>>
>> Ray the Rat
>>
>>
>> On Fri, Apr 9, 2010 at 1:50 PM, Redline LV <info@xxxxxxxxxxxxx> wrote:
>>
>> If I try and take a pic off your site of my car it has a watermark over
>>> it. I dont need prints of it as I own my own printing company. I dont
>>> inderstand why I have to pay for a pic of my car. If so pleas take it off as
>>> I didnt sign any release form for you to use my car on your site. Thank you
>>> for your understanding.
>>>
>>> Johnny
>>>
>>>
>>>
>>>
>>>
>>> On 4/9/2010 12:26 PM, Ray The Rat wrote:
>>>
>>>> Hi. You can have the copy on my website just by saving the image to
>>>> your hard drive. But since I try to supplement a fixed income with
>>>> photography, I ask a small amount for my photos. I ask $10 for the
>>>> original
>>>> or an 8x10 print and $20 for an 11x14.
>>>> Let me know what format you keep the photos in and we'll see what we can
>>>> work out. K?
>>>>
>>>> RtR
>>>>
>>>>
>>>
>>
>
--
Michael Wells
MCWells Photography
mcwellsphoto@xxxxxxxxx
801-850-7279
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