my Pre-Book for the Sky

[SkyBaby]

since someone has issues with certain things... I will start a different thread at another time....

[ggccg]

The photo of the two yellow Skys at the Bahia Honda bridge in the Florida Keys is my photograph. You do not have permission to reproduce it.

[ggccg]

Originally Posted by SkyBaby

Actually, I can use it, it was aquired and sent to me by someone who got the picture from a website or webpage and there are NO qualifying markings on the photograph or watermarks of any kind stating they should NOT be reproduced , copied , etc. or who the picture belonged to.

I just spoke with the copywrite office and was told that unless SPECIFICALLY stated to not use , reproduce, copy, etc it is "commonly" accepted procedure and those who post such things on a public forum, website, webpage should specifically state they dont want the form of media used in any way by others!

HAVE A GREAT DAY...... SkyBaby

Your source is pitifully uninformed.

In the USA, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not. The default you should assume for other people's works is that they are copyrighted and may not be copied unless you know otherwise. There are some old works that lost protection without notice, but frankly you should not risk it unless you know for sure.

Nothing modern and creative is in the public domain anymore unless the owner explicitly puts it in the public domain. Explicitly, as in you have a note from the author/owner saying, "I grant this to the public domain." Those exact words or words very much like them.

I repeat: You do not have my permission to use this photograph for any purpose.

[ggccg]

Originally Posted by SkyBaby

Since the picture in question is not here, Please be kind and remove your comments as they are not pertaining to this thread. SkyBaby

You also do not have my permission to reproduce my photograph of the two yellow Skys at Bahia Honda Bridge in any book, or calendar or any other medium.

[jlans]

Originally Posted by ggccg

You also do not have my permission to reproduce my photograph of the two yellow Skys at Bahia Honda Bridge in any book, or calendar or any other medium.

I'd be interested in a copy your book. I wonder why ggccg is so worried about you using that photo. Seems to me, I'd be honored to have my photo included.

[SkyBaby]

[quote=jlans;316913]I'd be interested in a copy your book. I wonder why ggccg is so worried about you using that photo. Seems to me, I'd be honored to have my photo included.[/quote

Thank you very much.... I will start a new thread about this topic.... the picture he mentions, was sent to me by someone totally NOT related to the forum and he claims it is his. out of courtesy, I removed it even though I legally have no reason to, but I keep getting threats and warning from this person in PM.... I will just start a different one... I appreciate you standing up for me in a way.... that is nice to see.... thanks jlans! SkyBaby

[willis]

It sounds like a Yellow thing. How about I post some photos of my black 2008 RL. you can use them instead Of corse I want to buy a copy of the book.

[ggccg]

Originally Posted by jlans

I'd be interested in a copy your book. I wonder why ggccg is so worried about you using that photo. Seems to me, I'd be honored to have my photo included.

Worried? Who says I'm worried about anything? I simply do not wish to have my photograph used in these books, calendars or other items... especially without my permission. If you think it is OK to take other people's property without even asking and use it to make money, your parents failed in your upbringing.

[bobfred44]

[quote=SkyBaby;316915]

Originally Posted by jlans

I'd be interested in a copy your book. I wonder why ggccg is so worried about you using that photo. Seems to me, I'd be honored to have my photo included.[/quote

Thank you very much.... I will start a new thread about this topic.... the picture he mentions, was sent to me by someone totally NOT related to the forum and he claims it is his. out of courtesy, I removed it even though I legally have no reason to, but I keep getting threats and warning from this person in PM.... I will just start a different one... I appreciate you standing up for me in a way.... that is nice to see.... thanks jlans! SkyBaby

jlans, i agree 100%. Keep your head up SkyBaby. I am sure there is more support for your position. ggcg, get a life.

[MidniteBlues]

If I were yawl, I would not stir this hornets nest. Knowing the objector in this thread, I would bet money that he knows all about what he is asking and demanding that his photo not be used in this book, if I recall, that picture was taken & posted in this forum in a very old thread when a pre-run to Key West was made just over a year or so ago (06), it was done by himself and yellowsky, the other yellow Sky. Now I do not support his hard position, but ah, I reluctantly believe he is probably within his rights. If I were a betting man..I would bet he is probably within in his rights, I do bet I reckon.. Sorry to say...

[SkyBaby]

Originally Posted by MidniteBlues

If I were yawl, I would not stir this hornets nest. Knowing the objector in this thread, I would bet money that he knows all about what he is asking and demanding that his photo not be used in this book, if I recall, that picture was taken & posted in this forum in a very old thread when a pre-run to Key West was made just over a year or so ago (06), it was done by himself and yellowsky, the other yellow Sky. Now I do not support his hard position, but ah, I reluctantly believe he is probably within his rights. If I were a betting man..I would bet he is probably within in his rights, I do bet I reckon.. Sorry to say...

Midnight.. I do understand and if that is the case, I agree.. but, I WASNT aware it was HIS.. I was sent the picture from a total separate person from the forum.... and for all I know it is his pic... I dont care and all he would have had to do was.. be a grownup and send me a PM or an email and I am NOT a hard person to get along with.... I certainly dont read alllll the threads and the meaness he PMMED me was uncalled for..... anyway.... .. I got some nice words but he isnt worth my time... so... on to the new thread. SkyBaby

[SkyBaby]

Originally Posted by ggccg

Worried? Who says I'm worried about anything? I simply do not wish to have my photograph used in these books, calendars or other items... especially without my permission. If you think it is OK to take other people's property without even asking and use it to make money, your parents failed in your upbringing.

You really need to grow up and find a hobby. FIRST OF ALL YOU MISS THE FACT THAT I HAD NO IDEA IT WAS YOUR FRICKEN PICTURE!!!!! GET A CLUE. DO YOU READ? I DID TELL YOU THAT... I DONT HAVE A PROBLEM NOT USING THAT PICTURE..... IT DONT MATTER TO ME.... I HAVE PLENTY OF FOLKS THAT SEND ME PICTURES.... WHEN SOMEONE SENDS ME A PICTURE.... I TAKE THE WORD FOR IT FROM WHERE THE PIC CAME..... ENOUGH ALREADY... GO AWAY!

[Darkwing]

Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

To reproduce the work in copies or phonorecords;

To prepare derivative works based upon the work;

To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;

To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and

In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.

In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, request Circular 40, Copyright Registration for Works of the Visual Arts.


Kinda like this image:




Or possibly the 'duck' also?

[Pesky1]

SkyBaby, don't waste your breath on this . Just block him out and move on. You've already stated you would not use 'his(?)' pic and that's good enough. IT is just looking to antagonize you further.
You've got plenty of support here and more than enough SKYers willing to have their pics used instead!.
Keep up the good work on your book and don't fret the petty stuff.

[JohnD]

I've got plenty of pics of lots of SKYs. For the record, you can use anything I have, or have sent you in the past.

[SkyBaby]

Thanks for the support..... Good... SEND ME MORE.... I think I have done ok with the calendars... I dont portray any to look hidious.... ... Just a great car with great mods/colors etc............ I would like more pics to make different collages... Thanks SkyBaby

[ggccg]

ohhhh... I'm sooooo MEAN...

Here is the totality of my PMs to SkyBaby, both in response to her nasty PMs to me telling me that she is entitled to take my photograph and use it in any way she sees fit.

Re: Leave me alone!
You do not have permission to use my photograph and anybody who says you do is just plain wrong. If you want to be left alone, don't screw with other people's property rights.

Re: Leave me alone!
Well, you have been advised that it is my photograph now and you would be well advised to cease and desist in any further use of it. Your claim that an unmarked photo can be used by anyone for any reason is just plain wrong. You should seek competent legal advice before making any hasty decisions.

I have no idea what you are babbling about regarding SEXUAL HARASSMENT, so I further advise you to be very careful in regards to making any further statements of that nature.

[redsky@night]

I don't normally get in invloved with this sort of thing but I will tell you from an outsiders point of view this is ridiculous. GROW UP both of you.

Skybaby, what you are doing is great, keep up the good work, as for the other member of this problem, what ever issues you have you should have dealt with them separately from an open forum.

I will not respond to any further posts in this thread but I am tired of reading this crap. GET OVER IT.

Live and let live

[irishsky5]

One might reasonably argue that SkyBaby did not infringe upon any copyright laws under the "Fair Use" provisions of U. S. Copyright Law.

Fair use under United States law
The legal concept of "Test copyright" was first ratified by the Kingdom of Great Britain's Statute of Anne of 1709. As room was not made for the authorized reproduction of copyrighted content within this newly formulated statutory right, the courts gradually created a doctrine of "fair abridgment," which later became "fair use," that recognized the utility of such actions. The doctrine only existed in the U.S. as common law until it was incorporated into the Copyright Act of 1976, 17 U.S.C. § 107, reprinted here:
“Notwithstanding the provisions of sections § 106 and § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.[1]


One could also raise the issue of proof of copyright, but as SkyBaby has already agreed to not use the alledged copyrighted photo again, the issue is mute.