Quote:
Originally Posted by Jeff Donald
The number of copies sold or released is inconsequential in regards to any damages sought. The only real impact is, the more copies of a calendar you sell or release the greater the chances the actual owner of an illegally used image will discover the crime.
It is safest to require a signed release of all images published in the calendar. Also, compensate the owner, even if it is only $1.
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I'm not talking about the owner having an issue regarding the numbers produced...I'm talking about GM having an issue. GM didn't have a problem with the previous Sol gals calendar. Hell...there was a featured article on it! I'm referring to the talk about the emblem having to be taking off if it is mass produced. Now that, I don't know for sure about.
Obviously the people in the calendar didn't have a problem with being in the calendar either! The intent of the use was made clear, permission was granted by the owner of the pictures by giving them to the calendar creator to use...life was good. My understanding is the owners of the pics weren't compensated. I certainly wouldn't want to take $1 away from charity if my pic was used!! If I give you my pic for that purpose...then use it...for free!!! Cause I GAVE it to you!!!! I didn't SELL it to you.
Now I totally agree regarding the copywriting and unauthorized usage of pics discussion if you're going after a random image on the internet and just using it without any permission. But that wasn't the case. My guess is Karen isn't looking to do that either. Too much is being made out of this!!! All Karen needs to do is get permission from the owner of the pic, possibly GM, state she has a calendar for sale and if it's for charity, and she's good to go! Granted if she's profitting from it, the forum might want her to be a supporting vendor, but she'll find that out real quick.