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tdb

ArboristSite Operative
Joined
May 27, 2006
Messages
165
Location
Greenville MI
These guys are using my photo for there add. I bought this log cradle last spring from toolfech , and posted pictures on this site , I see they snatch my photo and are using it for there add. if you do a quick search and put in cradle you will see it

TEDMI

Wood Splitter & Log Splitters - Electric, Hydraulic, Skid Steer Log Splitter For Sale

This is my photo I took last spring.

100_0101.jpg
 
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rmount

rmount

ArboristSite Operative
Joined
Aug 20, 2009
Messages
466
Location
Ontario
That's just wrong. Stealing your pic is no different than stealing wood from your pile - its yours and if they want it they should pay for it. I would contact them and tell them that they are welcome to use the pic in exchange for (insert anything they sell that you want). Otherwise they face the consequences for copyright infringement.
 

mga

wandering
Joined
Jul 6, 2006
Messages
27,165
Location
Monticello
once you post it, or send it, it's free for the taking....unless you have copyrights for protection.

at least feel good they thought your photo was good enough to show everyone.

the lesson here is never NEVER post pictures of personal value such as family, yourself, your house or any thing personal on the internet. any one can grab that photo of your wife or kids and do what they please with it.

remember: the internet is NOT your friend.
 
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stihl sawing
Joined
Feb 16, 2008
Messages
47,432
Location
Across the bridge.
once you post it, or send it, it's free for the taking....unless you have copyrights for protection.

at least feel good they thought your photo was good enough to show everyone.
You're right, Just look at all the pics copied and posted here. Don't guess they need permission, But if i owned that business i would at least ask the guy if it was ok, Especially if it's being advertised. But you are correct.
 
rmount

rmount

ArboristSite Operative
Joined
Aug 20, 2009
Messages
466
Location
Ontario
once you post it, or send it, it's free for the taking....unless you have copyrights for protection.

at least feel good they thought your photo was good enough to show everyone.

the lesson here is never NEVER post pictures of personal value such as family, yourself, your house or any thing personal on the internet. any one can grab that photo of your wife or kids and do what they please with it.

remember: the internet is NOT your friend.

Not so. If you take the picture you own the copyright, unless you were paid to take it by someone else (including as part of your employment). You can waive your copyright, as in the case of "freeware", or you can give or sell it away. But publishing or distributing your work does not extinguish your copyright protection. This, of course, does not mean that people don't continually violate these rules. Copyright is expensive to protect (there are many rich lawyers working for Disney solely to protect their copyrights) so the above warning about not posting what you value are important. But for a company to steal an individuals work is at best slimy and I would think may well reflect on the rest of their business ethics.
 
savageactor7

savageactor7

ArboristSite Guru
Joined
Aug 26, 2008
Messages
833
Location
cny
once you post it, or send it, it's free for the taking....unless you have copyrights for protection.

I saw a funny political cartoon once and asked for permission. The creator said he didn't copy right it therefore after 24hr it was considered 'domain'. That anyone could use it.

I don't know for sure but that's what I was told on an open forum and nobody else disputed that.

Personally I would think a legitimate business would have acted in a more professional way in tdb's case.
 
mdavlee

mdavlee

Tree Freak
Joined
Apr 18, 2008
Messages
18,144
Location
tn
Lots of ebayers steal pictures to use for their listings all the time. Someone is using pictures I posted of chains for his listing and put his name on it.
 
Dalmatian90

Dalmatian90

Addicted to ArboristSite
Joined
Sep 11, 2008
Messages
6,916
Location
Northeastern Connecticut
once you post it, or send it, it's free for the taking....unless you have copyrights for protection.

Copyright in the U.S. automatically exists upon creation of the original work.

You have a stronger legal claim if you register such work, since it serves as evidence of who created what. But it's not required.

You must explicitly waive that copyright if you wish an item to be in the public domain before the normal expiration of copyright.
 
reaperman

reaperman

ArboristSite Guru
Joined
Sep 30, 2007
Messages
560
Location
minnesota
It appears legal representation is needed to settle this debate. Therefore, for the usual $225/hr, I would be more than happy to represent either willing side :hmm3grin2orange:
 
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Whitespider
Joined
Nov 17, 2010
Messages
22,804
Location
On the Cedar in Northeast Iowa
Copyright in the U.S. automatically exists upon creation of the original work... You must explicitly waive that copyright if you wish an item to be in the public domain...

That is correct, tdb owns the copyright to that picture, but...
Copyright infringement is something else. There must be a loss of money before tdb could win any sort of infringement case. For example, let's say I write an article and get it published in a magazine, and I am paid a royalty for each magazine sold. You buy the magazine, make copies of the article, and give it to all your friends so they don't have to buy the magazine. That is copyright infringement (both mine and the magazine company) because I and the magazine have lost income from the potential sale of all those magazines your friends would have had to purchase.

Now, tdb could make the case that he lost income because he could have sold the picture to the retailer, but...
The picture was posted on the web where anyone could see it. Wood Splitters Direct could just as easily put a hyperlink on their web site sending viewer to the picture. Just like this, click on it and see.

SEE CRADLE HERE

Notice that the link doesn't take you to the picture here on the arboristsite.com, but takes you directly to photobucket.com where tdb has shared the picture with the world.
So... tdb has no infringement case. Without loss of income or profit there can not be copyright infringement.
 
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Hedgerow

Hedgerow

HACK
Joined
Dec 20, 2010
Messages
15,356
Location
Carthage, MO
I am actually quite flattered they used my photo . I'm glad they liked it enough to use it in there add.
TEDMI.

Good... I'm glad to hear someone in this world doesn't have a litigious 1st reaction. You just made my day tdb...:rock: I'd rep you for that if I had a freaking clue how!
 

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