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Thread: Ebay seller using copyrighted Book pictures

  1. #11

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    Re: Ebay seller using copyrighted Book pictures

    Quote Originally Posted by BrianShaw View Post
    So what do you guys think "The effect of the use upon the potential market for, or value of, the copyrighted work" is? Translated... what or how much would the damages be? Generally that's all a lawyer cares about since it determines the lawyers cut. Lawyers really don't seem to care much about "ethics" or "righteousness" or "internet discussion forum outrage/disapproval" in a situation like this. It's all about money as it impacts them or their client.
    This is complicated by the multi-national elements. But if this were strictly US. based, and if the material being used was registered with the LOC, then I think most IP lawyers would take the case. With a registered copyright, the actual damages are not so important. There are significant punitive penalties that would make it worthwhile for a lawyer to take the case, even if the actual damages are minimal.

  2. #12
    Jac@stafford.net's Avatar
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    Re: Ebay seller using copyrighted Book pictures

    Quote Originally Posted by Greg Miller View Post
    This is complicated by the multi-national elements. But if this were strictly US. based, and if the material being used was registered with the LOC, then I think most IP lawyers would take the case. With a registered copyright, the actual damages are not so important. There are significant punitive penalties that would make it worthwhile for a lawyer to take the case, even if the actual damages are minimal.
    The case would not be interesting to a lawyer when the defendant is poor.

  3. #13

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    Re: Ebay seller using copyrighted Book pictures

    Quote Originally Posted by Jac@stafford.net View Post
    The case would not be interesting to a lawyer when the defendant is poor.
    And we know the defendant is poor, how???

  4. #14

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    Re: Ebay seller using copyrighted Book pictures

    Ahhh, I was thinking damages for compensation of the victim and not even thinking punitive penalties that .

  5. #15

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    Re: Ebay seller using copyrighted Book pictures

    My father, when I pointed fingers, imparted the wisdom to me that he really didn't care what everyone else was doing---that I should be paying attention to what I was doing. That this should be enough work for me. He was right. Don't you guys have better things to do?
    Thanks, but I'd rather just watch:
    Large format: http://flickr.com/michaeldarnton
    Mostly 35mm: http://flickr.com/mdarnton
    You want digital, color, etc?: http://www.flickr.com/photos/stradofear

  6. #16
    Jac@stafford.net's Avatar
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    Re: Ebay seller using copyrighted Book pictures

    Quote Originally Posted by Greg Miller View Post
    And we know the defendant is poor, how???
    I was addressing the general case, as were preceding posts.
    .

  7. #17

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    Re: Ebay seller using copyrighted Book pictures

    Quote Originally Posted by Jac@stafford.net View Post
    I was addressing the general case, as were preceding posts.
    .
    Perhaps you are Drew posting under another name. I was making a generally true statement. I didn't realize I needed to account for every possible exception.

  8. #18
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    Re: Ebay seller using copyrighted Book pictures

    How old is the photo
    If the photo is be for 1923 it is ok to copy per the copyright office

    Dave

    Quote Originally Posted by goamules View Post
    This guy most of us know is a clueless flipper. He is slowly learning what lenses are valuable, after several years of buying common rapid rectilinears and unmarked Petzvals on Ebay for $100, then immediately relisting them as "rare daguerreotype lens" for $1200. I never have seen him make a sale.

    But now he's going too far, using Corrado D'Agostini's book, "PHOTOGRAPHIC LENSES OF THE 1800'S IN FRANCE (ISBN: 978-88-8341-491-6) graphics in his auction. I don't know the laws, but Maurits or others that are over in Europe, can you notify Corrado?

    221655573067

  9. #19

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    Re: Ebay seller using copyrighted Book pictures

    Quote Originally Posted by mdarnton View Post
    My father, when I pointed fingers, imparted the wisdom to me that he really didn't care what everyone else was doing---that I should be paying attention to what I was doing. That this should be enough work for me. He was right. Don't you guys have better things to do?
    We must be related.

  10. #20

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    Re: Ebay seller using copyrighted Book pictures

    The book is from 2011 and photos have been made especialy for the book or (by permission) from auction catalogue photos by Breker and Westlicht.

    The listing has been taken down as of now.

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