Hi Eric-- Can you suggest just how one goes about researching such intellectual property ownership? I'm not really at all clear about how to do that. I was told that a written (ie email) response from the source declaring ownership, and permission to use, was considered due diligence under the law ... of course laws vary state to state and country to country as well. If the auction owner was told by a hybridizer that it was his picture, doesn't that make the hybridizer the thief (or at least more so the thief)?
Wouldn't it be easier for everyone to simply put their/your logo and (c) as a watermark on along the edge of the photos like so many professionals and news agencies have done for years? In the instance cited, I'm afraid I would feel like I had been bushwhacked ... and I understand that there are some unscrupulous type who are even doing that. It all reminds of the frivolous patents filed simply laying in wait fro someone to fall into them and get sued ... even to the point of patenting particular candle designs! Regards/Roger, in Bangkok On 6/1/07, Eric Hunt <[EMAIL PROTECTED]> wrote: > > Just thought I'd share a little bit - I had 8 ebay auctions taken down > last > night from 4 sellers who were using my photography without permission. > > One of the auction owners contacted claimed they got the images "from a > hybridizer" and didn't know they were stolen. Sorry, that doesn't cut it. > You have a legal obligation to research every bit of intellectual property > you use in your business and you should be prepared for the consequences > if > you don't have the appropriate rights. And yes, I was very rude to this > person when I informed them that I would continue to have eBay take > auctions > down with my photos on them. I'm a nice guy until you start stealing my > work. I don't cut you slack when you fail to do your legally-required due > diligence during the course of operating your business. > > eBay auctions are the only place I consistently have my photos stolen. My > opinion of the entire marketplace is rather low, especially after spending > 2 > hours last night going through THOUSANDS of auctions and seeing the same > 20 > photos used across the board, everywhere. > > So let this be an education and wake-up call to those selling orchids on > eBay - the photographers are watching you. > > Thanks a million to one of the loyal readers on my site - Jon, from the > midwest, for alerting me to this last round of illict photo use. > > -Eric in SF > www.orchidphotos.org > > (posted to rec.gardens.orchids, alt.binaries.pictures.orchids, Orchid > Guide > Digest Mailing List, The American Orchid Society Forum) > > No virus found in this outgoing message. > Checked by AVG Free Edition. > Version: 7.5.472 / Virus Database: 269.8.5/826 - Release Date: 5/31/2007 > 4:51 PM > > > > _______________________________________________ > the OrchidGuide Digest (OGD) > orchids@orchidguide.com > http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com > _______________________________________________ the OrchidGuide Digest (OGD) orchids@orchidguide.com http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com
