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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
06-01-2011, 03:02 PM
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#41
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Quote:
Originally Posted by Chris Anderson
Ryan,
His facebook profile picture appears to helps explain a lot about his confusion as to why photographs are protected by copyright and why blatant and repeated copyright infringement draws his credibility and ethics into question, don't you think?
Chris
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It does help make sense of things
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06-01-2011, 03:04 PM
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#42
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Quote:
Originally Posted by crespo72
I am mean, come on, don't you folks have better things to do with your time?
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It's called watching out for one another. At least the people who want to keep this hobby and business honest and healthy. A lot of people would probably give permission to use the photo's if properly asked and recognized for it.
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06-01-2011, 03:20 PM
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#43
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Quote:
Originally Posted by crespo72
Are you overreacting? That's a matter of opinion. In my opinion you are, but to the small inner sanctum of the reptile community I am some kind of evil to be beaten. I mean come on? Are you people all for real? Is it that much of a serious "integrity" issue? Most of these images, with the exception of a small minority were either given to me, or are in the public domain. The remainder of any offending images will be removed in good time and at my own pace. And how, I might ad, do I "falsely represent" my own animals when in most cases I have express permission to use these images on my website? Just because I do not have the animals in my possession, does not mean that I cannot or should not use them. The images on my website serve merely as representational display images of the animals for sale and my customers know full well that the images of the animals on my website are not of the actual animals for sale. This is my way of doing business and it has served my customers and my business very well. So to recap, I do not agree with your value judgement, which is really your own subjective values being forced upon myself.
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It's the images that you used that were not your own and without permission that are the problem here, and the attitude and defensiveness you offer back to their owners and here about having used them. Whether or not any particular customer may or may not expect the exact animal pictured has no bearing on the issue, really.
My choice to never do business with you is of course my own choice and based on my own opinion.
The fact that using images without permission is illegal, however, is far from forcing my own subjective values onto you. You can disagree with a cop or judge about what a speed limit SHOULD be all you want- but in the end you're going to get and be held accountable to the speeding ticket LOL
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06-01-2011, 03:21 PM
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#44
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Quote:
Originally Posted by urbanjungles
This guy is a scammer waiting to happen, I can tell by his jargon...
Our email exchange starting from the bottom.
Thanks for the heads up Charles! You rock.
__________
Danny,
I have removed both of those images already about an hour or so ago. As far as using other peoples images, I have a real mixed bag on my website. Many images are from customers who give them to me of their own free will (usually pictures they take of their own animals). Other images are from Wiklipedia.org that are listed as public domain and thereby not covered by DMCA rules, while other images were uploaded by a contractor who worked with my company uploading missing images on my website. That contractor did not follow my express instructions on gathering only free or public domain images, which ultimately was my fault for not thoroughly checking this contractors work. So in theory, yes, I should be removing all images that I do not have express permission to us. However, at this point, I can't remember, nor do I have an easy or quick way of tracking which is which, that is, which are the legal usage images verses the non-legal usage images. Therefore, I will work on a case-by-case basis when violations that I am unaware of come up. So, cleaning up my site of all non-authorized images will be an ongoing process. And of course anyone is free to send me a photo requesting how I can use it with the proper copy write notification.
Thank you,
Robert Crespo
http://www.ReptilesNCritters.com
On Jun 1, 2011, at 1:55 PM, Danny Mendez wrote:
You should probably start by removing all images that don't belong to you as many people are finding their images on your site which is dishonest since you are trying to represent animals you don't have. Please remove these images immediately.
http://www.reptilesncritters.com/col...-tree-boa.html
http://www.reptilesncritters.com/red...-tree-boa.html
On Jun 1, 2011, at 11:53 AM, ReptilesNCritters.com wrote:
Danny,
I will be happy to honor your request. If you would be so helpful as to paste the exact page of the offending image I would appreciate. I am not sure which images of the Red and Yellow Tree Amazon Tree Boas you mean as I have several of them in my website and servers.
Looking forward to the links you provide so that I can remove the offending images.
Thank you,
Robert Crespo
http://www.ReptilesNCritters.com
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Danny, what kind of hypocrite are you? Condemning me on the one hand while posting a PRIVATE email from myself on a public forum like this? I thought a person like yourself would have been above resorting to this kind of tactic? A private email message posted on a public internet forum that is posted with the express purpose of character defamation is illegal.
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06-01-2011, 03:25 PM
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#45
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Quote:
Originally Posted by crespo72
Danny, what kind of hypocrite are you? Condemning me on the one hand while posting a PRIVATE email from myself on a public forum like this? I thought a person like yourself would have been above resorting to this kind of tactic? A private email message posted on a public internet forum that is posted with the express purpose of character defamation is illegal.
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file a lawsuit then.
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06-01-2011, 03:30 PM
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#46
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Quote:
Originally Posted by crespo72
A private email message posted on a public internet forum that is posted with the express purpose of character defamation is illegal.
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Robert,
Nice try but fair use under US Law stipulates that "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." You own the legal copyright to what you wrote in your email as intellectual property but its use by reproduction in copies for the purpose of criticism and comment, as in this thread, is not an infringement of your copyright.
Chris
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06-01-2011, 03:32 PM
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#47
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Quote:
Originally Posted by crespo72
A private email message posted on a public internet forum that is posted with the express purpose of character defamation is illegal.
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So, now you are concerned about legalities!?! :lol: Where was this concern when you were stealing photos?
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06-01-2011, 03:34 PM
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#48
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Quote:
Originally Posted by Chris Anderson
Robert,
Nice try but fair use under US Law stipulates that "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." You own the legal copyright to what you wrote in your email as intellectual property but its use by reproduction in copies for the purpose of criticism and comment, as in this thread, is not an infringement of your copyright.
Chris
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Robert 1+1????
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06-01-2011, 04:25 PM
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#49
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To rjarosek: Very funny, I see the irony here. LOL. By the way, my Facebook photo is just a gag, it's supposed to elicit a chuckle or two if someone has a sense of humor. I am sorry, I speaking to the wrong crowd about humor.
To Chris Anderson: You wrote "You own the legal copyright to what you wrote in your email as intellectual property but its use by reproduction in copies for the purpose of criticism and comment, as in this thread, is not an infringement of your copyright."
So, if I take this statement at face value, why is what I write to someone in private NOT protected, and can be freely distributed to all, but the "creation" by someone in the form of a photograph is protected? No where in my email communication did I give express permission for it's reproduction. Even reporters need to get permission to use a quote for a story or magazine article. I really don't follow the logic of how my PRIVATE emails are public domain but someone else's very PUBLIC photos are protected?
John White: You wrote: "So, now you are concerned about legalities!?! :lol: Where was this concern when you were stealing photos?"
So then, do two wrongs make a right?
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06-01-2011, 04:32 PM
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#50
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Quote:
Originally Posted by crespo72
To rjarosek: Very funny, I see the irony here. LOL. By the way, my Facebook photo is just a gag, it's supposed to elicit a chuckle or two if someone has a sense of humor. I am sorry, I speaking to the wrong crowd about humor.
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Don't worry, its definitely elicited a chuckle or two!
Quote:
Originally Posted by crespo72
To Chris Anderson: You wrote "You own the legal copyright to what you wrote in your email as intellectual property but its use by reproduction in copies for the purpose of criticism and comment, as in this thread, is not an infringement of your copyright."
So, if I take this statement at face value, why is what I write to someone in private NOT protected, and can be freely distributed to all, but the "creation" by someone in the form of a photograph is protected? No where in my email communication did I give express permission for it's reproduction. Even reporters need to get permission to use a quote for a story or magazine article. I really don't follow the logic of how my PRIVATE emails are public domain but someone else's very PUBLIC photos are protected?
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Two differences of note: 1) Fair use does not include use to aid in commercial gain, which is what your use of other's photographs on your website is. 2) Under fair use, you are still required to give proper credit to the copyright holder, which was done for the text of your emails, but, even if they were covered by fair use, not on the photographs on your website.
Chris
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