Are these pics yours?

Discussion in 'Fly Fishing Forum' started by KerryS, Apr 18, 2011.

  1. Lugan

    Lugan Joe Streamer

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    It's highly unlikely that you need permission. Arguably, you are reporting news, so you would be covered via freedom of press.
     
  2. troutramp

    troutramp Member

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    Are you implying a law suite? thats whats wrong with this country doesnt anyone fistfight anymore??
     
  3. Ed Call

    Ed Call Mumbling Moderator Staff Member

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    Whiskey Tango Foxtrot! People who run guide services that are successful should not need to steal photos of fish from other sites, competitors or just off of web fora. If true, this would constitute the greatest act of douchfoolery that I have seen in some time. The guides that I have met have ample photos of their clients with awesome fish that support awesome stories of days on the waters of the PNW. What kind of guide would do such a thing? If true, I hope this person, or any other guilty of such photo theft, gets their just rewards.
     
  4. fredaevans

    fredaevans Active Member

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    Correct, with "credit?" . If the pic's were 'Copyrighted,' then the anti goes up a bit, but doubt any of 'those were.'

    Mumb's ... Thumbs up, you've covered it well.

    fae
     
  5. ak_powder_monkey

    ak_powder_monkey Proud to Be Alaskan

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    someone needs to make some money off these guys... I hope they steal photos from me, I'll sue the crap out of their asses
     
  6. fredaevans

    fredaevans Active Member

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    No you won't. Here's a reality test .....

    First, no Atty is going to take on this type of case 'Pro Bono,' which means you'll be "Buck's Up" thousands of dollars in fees for this or that. So you win? Big deal unless the Defendant has huge assets that you can 'execute and levy' against; what are the odds this Fellow has more than pocket change?
     
  7. Kent Lufkin

    Kent Lufkin Remember when you could remember everything?

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    Fred, from your post above it sounds as if you might be confusing copyright with trademark. Copyright is implied in any work that appears in public: an article; a picture; heck, even my words here are assumed to be copyright, even if I don't use the little © mark. Copyright is a form of legal ownership that offers certain minimal protections to a work's creator or owner. Sadly, copyright infringement or violation is difficult to prove and damages are often impossible to collect.

    A registered trademark (®) on the other hand, is like a patent and must be applied for (requiring a substantial fee) and vetted by the US Patent & Trademark Office before registration is granted. Registered trademarks are closely associated with specific classes of services or products. Once protected by Registration, the owner of the mark enjoys legal rights that protect it against infringement (including appropriation) by others. BTW, there's a huge difference between a non-registered trademark (™) and a registered one (®): a non-registered trademark offers very little more protection, if any, than a copyright.

    K
     
  8. guybg

    guybg New Member

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    And vice versa Fred, no way a lawyer will take a "defamation" case from this bonehead either...not when it's so easily proven that the photos were, at the very least, misleading, and not when it's us average Joes complaining about it, not a moneyed competitor. It's actually the guys with "a dog in the fight" that have the most to worry about when it comes to a lawsuit.
     
  9. fredaevans

    fredaevans Active Member

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  10. KerryS

    KerryS Ignored Member

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    Tell the sob to sue me. Jezzus, no one has any balls anymore. This stuff was posted up here because what the cat did was wrong, period. I could give two shits what he thinks or what the law thinks. When something is wrong, it is wrong. Bring on the law suits.
     
  11. Kent Lufkin

    Kent Lufkin Remember when you could remember everything?

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    Fred, to disagree slightly, there is a difference between a trademark and a copyright, although it's a subtle one. To your original post, the 'ante' is lower for copyright infringement than it is for trademark violation. When a trademark is registered, a violation is a LOT easier to prove.

    The McDonald's logo of the golden arches with the word McDonalds below it is the company's logo that is used as it's registered trademark. The fact that they registered it means it's protected and that they could sue us if you and I opened a hamburger shop using the same logo. But if we opened a fly shop and called it McDonalds and didn't use the golden arches as a part of our mark, we'd probably be OK. To belabor the point a bit more, the photos that McDonald's uses in its advertising are not part of their trademark but are copyrighted none the less, whether or not they're identified as such specifically. If we decided to 'borrow' one as a part of our new fly shop's ad campaign, the deep-pocketed McDonald's would probably take exception and sue us.

    The copyrighted images that the bozo in question in this thread 'borrowed', were done so without permission. Even though the original copyright owners (if they can demonstrate original ownership) may have a legal basis for a claim, they'd have to prove how they were damaged in order to move forward (as well as deep pockets to hire an attorney, despite no guarantee for collecting an award in spite of a judgement.)

    To kick this dead horse one last time, 'borrowing' a photo, image or words you 'found' on the Internet is both legally and morally wrong. The moral of this story: don't steal other people's images from competitors' web sites or Google Images. Just because they're there, doesn't mean you can claim them as your own without liability :)

    K
     
  12. Salmon Candy

    Salmon Candy Member

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    The story is true. The "guide" misappropriated a photo belonging to my client. That photo, like all original works (photos, poems, manuscripts) automatically has copyright protection when created. On behalf of my client, I wrote the "guide" and demanded he cease using the photo. I also forwarded a copy of the demand letter to the website designer demanding he take action to remove the photo. That photo was taken down.

    In the course of my investigation of this "guide," I learned that he was not licensed as a guide in Washington in 2011. That information was turned over the WDFW enforcement officer.

    Since that time, I have learned that the "guide" misappropriated other photos and documents.
     
  13. Evan Burck

    Evan Burck Fudge Dragon

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    Good work digging that up! Hopefully he gets nailed for each and every trip he guided this year! I know he was offering half price trips on facebook recently.
     
  14. bennysbuddy

    bennysbuddy the sultan of swing

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    This is just another example of what happens when you post hero shots on the internet. I seldom take pictures of any of the fish or game I capture & never post my picture on the internet. I guess I'm as famous as I need to be.
     
  15. Robert Fyall

    Robert Fyall Member

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  16. Caveman

    Caveman Member

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    Don't believe what you read on Wikipedia. You can write what ever you want on there.

     
  17. Methow

    Methow Active Member

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    FYI it appears the aforementioned so called guide has not updated his web site or Facebook account since the end of March. Plus it looks like he has moved out of the motel he was living at for the last year and ahalf. Seems he may have moved on to play his games some place else.
     
  18. Ed Call

    Ed Call Mumbling Moderator Staff Member

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    Douchefoolery at the least. Criminal more likely. Salmon Candy, props to you for rolling the fool to WDFW. KerryS, ballz, you've got ballz and friends that think you are doing the right thing at the right time because it is the right thing to do.
     
  19. shawn k

    shawn k Member

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    They have to catch the illegal guide taking the money from the clients.
     
  20. fredaevans

    fredaevans Active Member

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    Yup, that's my understanding. Would the Game Dept (assuming the fellow isn't current, and that IS an assumption) be interested in a 'sting operation?'

    fae
     

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