Pictures from this site are being used on ebay
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My lawyer tells me that is anyone is infringing on our trademarks or copyrights that I MUST take action. If I don't take action then it can actually be used against us later on.
Honestly if people just asked because they used things I would probably give them my ok.
Scott,
I totally agree with you in the matter of "if they just asked".
As I stated previously, I don't think they are stealing our souls by utilizing our pictures and whatnot... But, everyone understands the old addage... give 'em an inch and they take a mile.
It is very difficult to judge the right and wrong here, especially when you and I and others do not comprehend what trouble it might generate down the road. Always best to take an offensive posture to protect everything that we have for ideas, especially.
There is an old legal consideration regarding fences here in Nebraska. If your neighbor happens to install a fence on your side of the property line and it goes unnoticed and uncontested for X amount of years, then the property contained withing that fencing is his by defualt. You did not complain, therefore you either condoned it or agreed with it and therefore it is his. You lose it by not speaking out, even if you didn't like it. By default! You just cannot let people walk on you, even in small ways. No matter how "nice" you wish to be. That sort of a scenario means that you are stupid and naive, not nice. Nice doesn't even (or it shouldn't) enter into the equation.
I think Ice should be compensated by the ebay site... lol....Well what the heck send Scott a check too. Ice maybe you could copyright the images of your dish farm who knows..Blind
My lawyer tells me that is anyone is infringing on our trademarks or copyrights that I MUST take action. If I don't take action then it can actually be used against us later on.
Honestly if people just asked because they used things I would probably give them my ok.
The pictures submitted on the site do not belong to the site. So they are not infringing the trade marks or copyrights. Now if they submit them directly to you and you put satelliteguys trade mark on them then it would infringement. So until you start tagging them w/your trade marked logo I really don't think that you have a case. You are allowing them to post their own photos under their own member name. So really don't think you have a case here against the guys that have used Icebergs photos. Iceberg probably also hasn't a case against them either in that he has posted them on a site that allows anyone to post their pictures on line for the general public to view. I also have a feeling that these guys have aright to challenge what you have done w/ebay on this as well. So in the future to keep this from happening you would have to have anyone that wants a picture displayed submit them to you so that you can tag them w/a satellite guys logo. That is how other pictures by photogs have to be done to keep them from being used by anyone that is on line and wants to use them. Also think that you would have to prove that the use of the pix did some type of harm to you or site before it could take it to court for the "infringement".
Actually Whatchel1
Anything posted to this site becomes our property (I know if sounds harsh and even I don't like the sounds of it) but in actual case law this is the way courts have ruled. I forget the exact termanology but something like creative commons or something like that.
The auction I went after I did so because they used our sites name in their auction like we endorced their product. (And I believe their product they were trying to sell was a knock off anyways) I don't want our name associated with crap like that.
Anything posted to this site becomes our property (I know if sounds harsh and even I don't like the sounds of it) but in actual case law this is the way courts have ruled. I forget the exact termanology but something like creative commons or something like that.
The auction I went after I did so because they used our sites name in their auction like we endorced their product. (And I believe their product they were trying to sell was a knock off anyways) I don't want our name associated with crap like that.
Actually Whatchel1
Anything posted to this site becomes our property (I know if sounds harsh and even I don't like the sounds of it) but in actual case law this is the way courts have ruled. I forget the exact termanology but something like creative commons or something like that.
The auction I went after I did so because they used our sites name in their auction like we endorced their product. (And I believe their product they were trying to sell was a knock off anyways) I don't want our name associated with crap like that.
Now statements of or implying endorsement would be infringement. I agree with that entirely. But unless you make a statement that you have sole rights to all input used on this site as becoming your for perpetuity I think that you would have a problem proving that you have the right to all photos submitted by members. They still own the rights to any and all photos that are listed under the members name or in this case user name. I've had to look into this a bit lately aw I about to publish a book of photos that will also be on a website. According those I have consulted those people within the pictures have no rights to my photos nor does any website have a right to my photos as long as they are tagged or copyrighted in the publication of my book. I think you better go back to lawyer and find out what he knows about web copyright rules. I have let the musicians know that the book will be coming out and that I will be using these picture. They have no right to use any of my photos without contacting me. The person not the site continues to own the rights to the photos.
I agree with you on that. I can't go out and sell a book filled with your pictures of for that matter a book of posts from Watchel1.
But if I wanted to put a photo on our homepage that you posted here and say Look at this amazing photo taken by Watchel1 I could do that as long as I didn't edit your photo.
There are so many legal ins and outs of operating forums that it will make your head spin. Over the past 7 years since starting SatelliteGuys you should see some of the stuff we have been through, its a wonder I still have hair on my head.
The auction I had removed yesterday was one that made it look like we were endorcing their product.
In the past I have had actions removed because the photos were taken directly from my DISHSTORE.NET website without permission. (and the person who did is is a direct competitor of DISHSTORE.NET.) That wasnt cool.
But if I wanted to put a photo on our homepage that you posted here and say Look at this amazing photo taken by Watchel1 I could do that as long as I didn't edit your photo.
There are so many legal ins and outs of operating forums that it will make your head spin. Over the past 7 years since starting SatelliteGuys you should see some of the stuff we have been through, its a wonder I still have hair on my head.
The auction I had removed yesterday was one that made it look like we were endorcing their product.
In the past I have had actions removed because the photos were taken directly from my DISHSTORE.NET website without permission. (and the person who did is is a direct competitor of DISHSTORE.NET.) That wasnt cool.
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Ahoy Captain Scott Sparrow,
Does this mean we are pirates with FTA???
Does the programming broadcast by a network or station become the property of the broadcaster???
Like I said the wording sounds scarry, a lot scarrier then it actually is.Ahoy Captain Scott Sparrow,
Does this mean we are pirates with FTA???
Does the programming broadcast by a network or station become the property of the broadcaster???
Next time you register for a forum read the user agreement real good.
Most of the agreements for anything are "Greek" to most of us and not written in English!
It is usually a matter of interpretation!
It is usually a matter of interpretation!
Most of the agreements for anything are "Greek" to most of us and not written in English!
It is usually a matter of interpretation!
And thats why lawyer get the big bucks. (Insert your favorite lawyer joke here)
That is precisely the notion that I would consider "given an inch - took a mile".
If some individual sold his old satellite antenna on E-Bay and "borrowed" a pix for his auction because his personal pix didn't look as good - no harm no foul. But, if someone is using someone else's or a group's name or fame to promote their own products or enhance their reputation without consultation and they are eluding that they deserve merit because of it, that could be very bad. What if they were selling hackware or pirating equipment? Or even just plain junk? That would be grounds for something akin to defamation of character (probably not the proper legal term for a forum or group - but the same ill effect is present).
If some satellite magazine with a valued reputation happened to mention "SatelliteGuys" or used one of our pix as an example, we probably would appreciate that, but I bet Scott would have been contacted in advance to ask permission as well as any individual concerned. Simply because they want to do right and protect their own butt from legal recourse.
RADAR
I found 3 different Ebay sellers that have links to SatelliteGuys for different things.
One is for setting up a Dish Network dish and has a link to SatelliteGuys for instructions and photos. Then there is another that has a link to "The List" on SatelliteGuys. The other has a review and photos of their satellite dish product.
Are these violations too???
One is for setting up a Dish Network dish and has a link to SatelliteGuys for instructions and photos. Then there is another that has a link to "The List" on SatelliteGuys. The other has a review and photos of their satellite dish product.
Are these violations too???
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Exactly. The only one that could complain is you. Ice wouldn't have a say. When you post something one the web, you pretty much relinquish all rights to it.
Social networking site makes BILLIONS of dollars selling all this information people give them for free. Once your photo is up, it is free for the pickings. Granted, in the USA you have some recourse, but a client was upset when a picture of their daughter turned up on a dating site based in Singapore
. Nothing could be done about that.eBay will readily remove info when requested by the copyright holder. It would be a lot easier to have the site automatically overlay a watermark on all images uploaded here. You can even parse link requests from fleabay, or have them do it.
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