 SnowymIRC unix.ro UnderNetPremium
join:2003-04-05
Kailua, HI
kudos:6
 ·RoadRunner Cable
 ·Clearwire Wireless
| reply to Whip
Re: [Scam] Masterfile said by Whip:Ah, didn't think of that. I'm not paranoid enough I guess.
Nor are you a scam "artist". |
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 Doctor OldsI Need A Remedy For What's Ailing Me.Premium,VIP
join:2001-04-19
1970 442 W30
kudos:18 | reply to garys_2k
said by garys_2k:said by Bill Frymire :Hello Diversity1, Bill Frymire here, I don't appreciate your insinuation that I am a scammer. Contrary to popular belief, all photos posted on the internet are not free for the taking, even if a mom or a kid took them. If the photo was so bad, why did you steal it?
This is not a scam, this is how I make my living, usually from people who pay. Yes, there is a link to Masterfile, so that if you want to use the image you can pay for it!
And how do we know you really have a copyright on those files? How do we know YOU didn't troll the Internet, copy them and illegally claim them as your own? All images that he has taken himself using his camera will have EXIF data stored unless he scrubbed that data out of the image files (most people don't know that EXIF data exists). One could look at the EXIF data of a few images (or the lack thereof) and very likely determine the origins of some if not all images. Patterns in the EXIF data can be looked at and determinations can be made from there.
Using EXIF Data
»www.digital-photography-school.c···xif-data
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What’s the point of owning a supercar if you can’t scare yourself stupid from time to time? |
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harald
join:2010-10-22
Columbus, OH
kudos:1 | reply to diversity1
With respect to copyright, every creation has a copyright belonging to the creator as of the instant of creation.
To enforce that copyright, however, you must register it.
So the issue in this case is "show me the registration". |
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garys_2kPremium
join:2004-05-07
Farmington, MI Reviews:
 ·callwithus
·Callcentric
| said by harald:With respect to copyright, every creation has a copyright belonging to the creator as of the instant of creation.
To enforce that copyright, however, you must register it.
So the issue in this case is "show me the registration".
^^^
+1! |
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| reply to harald
Re: [Scam] Masterfile: TOTALLY A SCAM said by harald:With respect to copyright, every creation has a copyright belonging to the creator as of the instant of creation.
To enforce that copyright, however, you must register it.
So the issue in this case is "show me the registration".
This is the correct answer.
Just to add some clarity here, even if not registered, the creator (or owner, in the case of 'works for hire') can also enforce their copyright (which is gained at creation, as you said).
Either way (registered or not) this gives the creator/owner the right to say how, when, where, etc., an image (in this case) is used and to enforce those rights. BUT, those rights are limited unless the work is registered.
Unregistered, the copyright holder has the right to demand that their work cease to be used or compensated. If ceased, no compensation is due. Not unless it's registered.
If a work is registered, then there are additional civil remedies afforded here... which is not the case here, because:
This work is NOT registered, not to Bill Frymire or anyone.
The work in question is public domain and no one holds the rights. Not even a guy who takes a photo of it and claims his photo is copyrighted. He could never register that for a fact.
Bill Frymire, as a (formerly very active) photographer myself who has had a lot of experience with copyright issues, I know darn well as you that this isn't registered to you and you have no rights here. Not unless you can prove registration.. WHICH YOU CAN'T. The work in question has been pulled, so you have no other rights or claims here.
Don't come back here nor bother this individual again... Not unless you want me to pull every citation which I would have already, but I am under the weather, and too darn tired and cranky at the moment to do so.. BUT I will if you do, which will only piss me off more and end the same exact way if you do. You lose. Move along.
OP: Be this a lesson to you. Just because it's on the internet, doesn't mean it's free. Someone created it and is due their rights to either be compensated or their right to give it away for free if they wish... not you. That don't get to decide for them.
-Jim |
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| And one other thing, Bill Frymire.. I'd also be pulling out the citations on CRIMINAL violations for altering and mis-representing copyrights too.. just so you know. |
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 tmpchaosRequiescat in pacePremium,Mod
join:2000-04-28
Hoboken, NJ
All Things Macintosh
Bell Canada
Digital Imaging
Digital Imaging Te..
| reply to JALevinworth
JA- the image at issue in the OP may or may not be registered; this is a separate issue from the Dore and other works claimed by Bill Frymire.
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***ATMFAQ***DIFAQ***Kitchen Sink*** |
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SnowymIRC unix.ro UnderNetPremium
join:2003-04-05
Kailua, HI
kudos:6 Reviews:
·RoadRunner Cable
·Clearwire Wireless
| said by tmpchaos:JA- the image at issue in the OP may or may not be registered; this is a separate issue from the Dore and other works claimed by Bill Frymire.
Yes, thank you for pointing that out - I was struggling with effectively phrasing that. |
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| reply to tmpchaos
Understood.... I'm still cranky (apologies), but understood. |
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SnowymIRC unix.ro UnderNetPremium
join:2003-04-05
Kailua, HI
kudos:6 | said by JALevinworth :Understood.... I'm still cranky (apologies), but understood.
I sincerely hope your recovery takes a fast turn into the fast lane. |
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 pleekmoTriptoe Through The TulipsPremium
join:2001-09-14
Manchester, CT | reply to diversity1
Re: [Scam] Masterfile Copyright trolls may soon have a much harder time. This ruling disfavors one particular troll.
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HCN: Because you deserve a rest!
Omelas: How MUCH do the needs of the many outweigh the needs of the few... or the one? |
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 DrStrangeTechnically feasiblePremium
join:2001-07-23
West Hartford, CT
kudos:1 | Thanks for brightening my day with that item.
It's about time someone dealt with Righthaven. That dog should not be hunting. Sounds like it's in for a trip to the pound. |
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 AVDRespice, Adspice, ProspicePremium
join:2003-02-06
Onion, NJ
kudos:1 | reply to diversity1
said by diversity1:My question to you Bill would be how much income do you make from people going to your web site and paying for the use of photos verses this way.We would never have used the picture with the 2 kids tubing if we had thought that it would cost over 2 grand to have it on our web site for a couple of months. We took it down as soon as we found out that it was copyrighted.
no excuse. To protect yourself, all images need permission or proof that they are public domain.
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Standard disclaimers apply.
Atomic batteries to power. Turbines to speed. |
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AVDRespice, Adspice, ProspicePremium
join:2003-02-06
Onion, NJ
kudos:1 | reply to garys_2k
said by garys_2k:said by Stacy:So you, or your designer, lifted a photo from the web and now that you've been caught you're calling it a scam? That's rich!
I agree that taking images without permission and legal agreement is wrong, and that doing so can lead to penalties. said by Stacy:Price calculator on the Masterfile would be the usual rate if you had licensed the image properly. Anything above and beyond that is a penalty for using the image without permission and violating the copyright.
My point is that how do we know that Masterfile really does own the pictures that they claim to? How do we know that they don't: 1) see a fairly generic picture on someone's website, 2) copy that, 3) post it on their own site with a (illegal) copyright notice, 4) then go after the original source and claim damages? I can't help but wonder if that's what's going on here. this is what courts of law are for.
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Standard disclaimers apply.
Atomic batteries to power. Turbines to speed. |
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AVDRespice, Adspice, ProspicePremium
join:2003-02-06
Onion, NJ
kudos:1 | reply to Snowy
N/M (duh, need more coffee today) |
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AVDRespice, Adspice, ProspicePremium
join:2003-02-06
Onion, NJ
kudos:1 | reply to DrStrange
said by DrStrange:Thanks for brightening my day with that item.
It's about time someone dealt with Righthaven. That dog should not be hunting. Sounds like it's in for a trip to the pound.
Its a technicality, not against trolling, but about disclosing who benefits in a win.
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Standard disclaimers apply.
Atomic batteries to power. Turbines to speed. |
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AVDRespice, Adspice, ProspicePremium
join:2003-02-06
Onion, NJ
kudos:1 | reply to diversity1
this one? »www.billfrymire.com/blog/ahh-summer/
32dd
it has a 2007 copyright mark on it.
I think a few of the poster jumped to to many conclusions here, unfounded, and commend Mr. Frymire for participating. |
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| reply to Snowy
Re: [Scam] Masterfile: TOTALLY A SCAM said by Snowy:said by JALevinworth :Understood.... I'm still cranky (apologies), but understood.
I sincerely hope your recovery takes a fast turn into the fast lane. Very kind of you, SnowyOne. Thank you. |
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| reply to AVD
Re: this one? said by AVD:I think a few of the poster jumped to to many conclusions here, unfounded, and commend Mr. Frymire for participating.
No and I can back it up. Just can't type now. Tineye his pix yourself. Nice glass he's got, I must say. Includes NOAA satellites and the hubble. A few publishing houses would be interested in his work I see also, if he owns the Tardis too. |
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AVDRespice, Adspice, ProspicePremium
join:2003-02-06
Onion, NJ
kudos:1 | Doctor Four  will not be happy... |
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