I do have problems and trouble, but not with the KPA but i want to share this. URGENTLY!

  • sorry to post it here. thread can be moved, burkhard, but i just want to share something ...


    a german (!) photographer who lives in california wants to sue me, because i have used a photo of AC/DC by him. :cursing:
    until yesterday i didn't know about copyrights and all this stuff. maybe i'll have to pay for this naivety, maybe not, we will see.


    i want to warn you, all my friends. copy and paste is no more. never, never post a picture, photo or graphic that is not made
    by you alone, unless you have bought the rights to it. now that the lawyers cashed in on the P2P users, their next aim are sharers and bloggers.


    copy and paste is over! ;( while i understand the artists, it will get more difficult to communicate without photos. and - what a pity - i was unfortunately
    not able to photograph one of my heroes.



    cheers

    My occupation: showing teenagers the many hidden secrets of the A-minor chord on the guitar.

  • It cannot sue you, you just posted a link to his artwork, not used his work for commercial purposes (or not). That's also the reason that many forums do not allow to upload pictures. Calm down, he can do nothing, you've practically just advertised his work. ;)

    "Music is enough for a lifetime, but a lifetime is not enough for music" Serghei Rachmaninoff


  • i wanted to post a link to a legendary concert: the circus krone concert of the great band from australia!
    i was not interested in this guy at all. but i needed some sort of visualisation.
    either way - now you can see what happens here ...
    plain and ugly letters, hooray! :cursing: :cursing: :cursing: :cursing: :cursing: :cursing: :cursing: :cursing: :cursing: :cursing:

    My occupation: showing teenagers the many hidden secrets of the A-minor chord on the guitar.

  • $h!t, that is a commercial website...involve your lawyer, rules on Copyright in EU are different from USA....

    "Music is enough for a lifetime, but a lifetime is not enough for music" Serghei Rachmaninoff


  • Pardon the silly question, but have you tried explaining yourself?


    This is just so plain idiotic of him, maybe it's just a misunderstanding and he'll back off when he realizes you didn't know what you were doing?..

    "But dignity is difficult to maintain
    stamina requires constant upkeep
    repetition is boring
    and you pay for grace."

  • To link is fine - if you copy any pictures (not created by yourself or someone you have paid for) you'll get a lot of trouble.


    There are some new algorithms available which search the web for pictures - even parts of pictures, crops or photoshop-changed ones will be found.


    The price you have to pay when they get you can be up to 1500Euro for each picture!


    Some years ago they (Gettyimages) wanted me to pay about 9000Euro for some pictures.
    I even bought the pictures via a "Web-Design-DVD" - but the guys which created the DVD stole some of them from Gettyimages - so even when you buy pictures you can't be 100% sure.
    Thanks God the publisher of that DVD was responsible and their lawyer had dealt with it - so I had not to pay any money.


    Yes, the general rule is NEVER use any pictures not created by yourself on your homepage, don't post then (only a link) in Facebook, Forums ...


    Hope it will not to be too expensive for you.

    (All trademarks are trademarks of their respective owners, which are in no way associated or affiliated with soundside.de)


    Great Profiles --> soundside.de

    Edited once, last by Armin ().

  • thank you for your comments. and yes armin: it must be a new algorhythm, because this picture is on the web thousandfold.
    how did this guy find it at my site?
    at the max, 235 people have seen it. (when they bothered to view all of my homepage, which i doubt).
    anyway, i will have to pay for my fault. i have explained me, quitty, let's see what happens. my lawyer is
    in the eastern holiday already ... :huh:

    My occupation: showing teenagers the many hidden secrets of the A-minor chord on the guitar.

  • thank you for your comments. and yes armin: it must be a new algorhythm, because this picture is on the web thousandfold.
    how did this guy find it at my site?
    at the max, 235 people have seen it. (when they bothered to view all of my homepage, which i doubt).
    anyway, i will have to pay for my fault. i have explained me, quitty, let's see what happens. my lawyer is
    in the eastern holiday already ... :huh:


    Unfortunately do you have to pay for the time the picture was on your website - not for the number of visitors.


    All this is very complicated and there are a lot of "nice" photographers and lawyers which make money by putting "wanted" pictures in the web and then search for others which use them.


    e.g. there is a picture of a tomato - which will be found when you use google and a lot of housewives seams to like this picture, and put it on their homepage (cooking) - they must have made millions with this one picture.

    (All trademarks are trademarks of their respective owners, which are in no way associated or affiliated with soundside.de)


    Great Profiles --> soundside.de

  • Pardon the silly question, but have you tried explaining yourself?


    maybe it's just a misunderstanding and he'll back off when he realizes you didn't know what you were doing?..


    big +1 to that! the easiest way for sure! not only that you didn't know what you were doing but also to put some perspective on how you did NOT become rich and famous by maliciously maltreating his copyright. as i assume you didn't, it really should be enough that you're sorry. send him a song you wrote for him... :love:
    ...maybe not a cover-song :pinch:

  • here is another cook and photographer who sued people 873 (in words: eight hundred and seventy-three) times
    when they used a photo of let's say a tomato. until recently when the higher regional court got fed up with it ... :D

    My occupation: showing teenagers the many hidden secrets of the A-minor chord on the guitar.

  • And a remark to all of you guys who run their own websites:
    Be aware of the internet archive's wayback machine! It's pretty easy to remove your website's content from this archive and you better do just that rather sooner than later. Lawyers do love the wayback machine and all these poor site owners with no clue about these things. :)

  • I have been working as a sports photographer for the NFL
    & NFL Europa between 2004 and 2008 and many of my pictures were
    "used" illegally to promote amateur forums, blogs, ...


    Not nice, because my equpment wasn't home grown in my yard and time + travel cost + post processing doesn't come for free!


    A link to a site mentioning the copyright owner is kinda ok - a copy on your own site is not.
    However
    there are rules as to how much one can reasonably charge. Do not pay
    any ridiculous amonts of money to any lawyer and do never accept being
    guilty in any written form.


    Hits and duration (days of uptime) factor into any agreement. My advice is to contact him, explain yourself and negotiate.
    I used the recommendations from here


    http://www.mittelstandsgemeinschaft-foto-marketing.de/


    as a guideline to negotiate 2 instances of repeated copyright infringement.


    Using other people's work without consent to promote yourself is naive at least. You will probably have to pay something in the area of a serious speeding ticket.


    Try to act rational and reasonable. It will work out.


    H

    90% of the game is half-mental.

  • a quick update before i leave munich for the frankfurt messe:


    no news is good news


    thank you again for your support. i decided to appologize to the manager of the photographer and deleted the photo immediately.
    until today no response. is it a good sign or the calm before the storm? i have a good feeling that my naive mistake stays without
    punishment. we'll see.


    i have just seen the other day that some blogger of another forum who is a member here also posted a photo even with the
    copyright info on the picture (getty images) still reconisable. this can get expensive! IMHO i think we have to rethink our attitude towards
    copyright and make more photos of our own. :) but those are only my 2 cents


    at the end of the day the question still remains: how can i communicate that carlos was my biggest influence? can i make a screenshot of
    his homepage and links this to santana.com or is this also forbidden?


    thank you

    My occupation: showing teenagers the many hidden secrets of the A-minor chord on the guitar.

  • So he's in California and you are in Germany? I think it would cost him more in legal costs than he is ever likely to get from you. Remove the offending item.Say nothing more.

    You're damned if you do and damned if you don't

  • Armin is EXACTLY right. Getty Images is the worst in the world bar no one for trawling the net for used images downloaded. They are ACTIVE in that direction because they generate massive income from that sort of thing (they are based in Ireland). I have seen it in my business life where one guy was sent a letter and it was a genuine error (his website developer included a copied image) called them to explain. No amount of explanation helped and he ended up with a bill for well over £1000.... they even charged VAT on the top! Getty Images never negotiated they just want the money.A company never to find yourself up against... they have more money to defend their property than the banks!

    Careful I'm watching you...

  • maybe a lil Off Topic but Id like to Share This pic..
    personally Shot in Zurigo times ago


    Im not a PRO and I can understand both position.. Maybe Salomone Would Help
    but this is my genuine propose
    If Anyone is pleased , You can use it Wherever


    The propose is:
    As we share Out Profiles.. We Share Our pics eachoter :D
    maybe no one else will be in such a mad situation! X(
    Thats all I can do to support. ^^
    but Sorry about that