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ThorsFoundry
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« Reply #165 on: October 04, 2009, 12:05:47 AM » |
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Now in the Photographic field it is the LAW that no person can be Photographed with out there consent... ok, that's a little vague. You as a Photographer cant ask some one to "Model" for you with out there consent... Of course few people take this seriously... But it is actually Law. So for example if you where to take a Photo of a group of people (strangers) standing on the street corner, They can ask you to dispose of that Photo if you did NOT ask for there consent!!! Secondly... Useing the "Model Release" formula..... How is it so that Paparazzi's can get away with Capturing Britney spears or Madona or Add Name hear. In circumstances that this Person feels is an infringement on thier personal space?  Don't know about Australia but in the US it is perfectly legal to take someones picture in public. (or property for that matter) It can be used as an editorial piece without their permission. If you want to use it commercially, a model/property release is required. Sketchy laws on photographs containing trademark image or company names. If you took a picture of a group of people for instance and one was wearing a Nike shirt. You would not need permission from Nike to sell the photo because it is not the main focus. If you took a closeup of the logo then you would need permission from the company. As for the paparazzi, being that celebrities are in the public eye, images of some of them in public are considered to be public domain so to speak. There was this instance where someone came out to my mom's farm, took B&W pics of some of her old rusty farm equipment, which was on private property, and went and published it in a book for sale, locally. Totally unbeknownst to her, she later saw the equipment in the book and was outraged! She was told (not by a lawyer, but by a business owner that she trusts and likes, and who is pretty savvy with copyright laws) that there was nothing she could do about it. The reason she was mad was because no one asked her or even mentioned it. She was thinking maybe she should go out to that person's back yard and take some pics of her stuff and print out her own little book - say she had a nice water feature or something..? LoL |
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USCutter LaserPoint24...CorelDrawX4...SignBlazer...big fan of Dry Apply. Still haven't learned wet, probably never will..
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manwayvan
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« Reply #166 on: October 04, 2009, 12:22:02 AM » |
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I just want to know what happened to lara? Unless I missed something she hasnt been on this post in awhile and had never posted an outcome. Maybe they confiscated her computer or took "care" of her. Maybe we should file a missin persons report.
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Cutter:24" Creation Pcut 630 Cutting Software: Flexi, SignBlazer, Design Software: Inkscape, Corel Draw X4, Adobe Illistrator
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rynecoop
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« Reply #167 on: October 04, 2009, 02:37:03 AM » |
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I am not totally sure how this works, but I have a cousin who is a lawyer down in Springfield, IL, and her husband is a trail lawyer for a big company. I was told that you can reproduce any logo for someone as long as they have permission to use the logo, and I would think that is a girl is sponsored by Dewalt that she has permission to use there logo. Therefor, not making it illegal to make it for her. So, if the whole thing was a set-up to try to bust people that would be entrapment due to the fact the girl said she was sponsored by them! I would be suing them for entrapment, and emotional distress over the case and worrying if you were going to lose everything you owned over this!
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Ryne Cooper
RhynoD-Signs.com
"Small people talk about other people, Average people talk about things, Great people talk about Idea's"
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midwaste
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« Reply #168 on: October 04, 2009, 03:04:55 AM » |
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I am not totally sure how this works, but I have a cousin who is a lawyer down in Springfield, IL, and her husband is a trail lawyer for a big company. I was told that you can reproduce any logo for someone as long as they have permission to use the logo, and I would think that is a girl is sponsored by Dewalt that she has permission to use there logo. Therefor, not making it illegal to make it for her. So, if the whole thing was a set-up to try to bust people that would be entrapment due to the fact the girl said she was sponsored by them! I would be suing them for entrapment, and emotional distress over the case and worrying if you were going to lose everything you owned over this!
The problem is that, as the producer of graphics, you are responsible for verification that the customers claim to permission is legit. At least, that is the jist of the first 8 pages or so, and the last responses from Lara. Personally, I would have counter-sued as well, because it's clearly fraud and extortion. |
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ThorsFoundry
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« Reply #169 on: October 04, 2009, 08:53:19 AM » |
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but was she actually sued by DEWALT, or was it one of them agencies like that Continental one? - The ones who set people up, then send them a threat letter, the "settle" for a few grand..?
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USCutter LaserPoint24...CorelDrawX4...SignBlazer...big fan of Dry Apply. Still haven't learned wet, probably never will..
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Rodger - unit # 982
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« Reply #170 on: October 04, 2009, 11:05:14 AM » |
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Not sued by Dewalt . 1 of the % based outfits like you descibe . A no loss situation for Dewalt . I'm sure it is like the telemarketers that call me for a donation to the local Fire Dept . The local fire departments onlys gets 20% , but 20 % of anything is better than nothing . I always give directly .
From what I understand " legal entrapment " is described as getting somebody to do something that they were not going to do anyway . So morally it may have been entrapment , but not legally .( if you are going to make whatever decals a customer wants , not entrapment )
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mikerob2334
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« Reply #171 on: October 04, 2009, 02:53:35 PM » |
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There was this instance where someone came out to my mom's farm, took B&W pics of some of her old rusty farm equipment, which was on private property, and went and published it in a book for sale, locally. Totally unbeknownst to her, she later saw the equipment in the book and was outraged! She was told (not by a lawyer, but by a business owner that she trusts and likes, and who is pretty savvy with copyright laws) that there was nothing she could do about it.
The reason she was mad was because no one asked her or even mentioned it. She was thinking maybe she should go out to that person's back yard and take some pics of her stuff and print out her own little book - say she had a nice water feature or something..?
LoL
That's why you go to a lawyer and not a "savvy" business owner. If he did not have a property release and the work was not considered "editorial" then any money made by the photographer she has a right to go after. I would check into sales #'s for the book and if it's a large amount I would go for it. If it's not much $$ then she'd spend more $ on lawyer than what it's worth. |
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“I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day.” ~ Frank Sinatra
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heavyduty
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« Reply #172 on: October 04, 2009, 05:34:11 PM » |
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what about all the logo's that come with SB. in the library (Dr. Pepper) and other's. can you not use these logo's?
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MH 871
SBE
11x15 Mighty press
hat press
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CyberChuck
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« Reply #173 on: October 04, 2009, 06:10:53 PM » |
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SB came with logos? I'm upset - mine didn't.
Charlie
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PCut CN630 * PCMCIA Serial Port Adapter * SBE * Full-time Wood Butcher / Part-time Sign Guy * ATA Student * US Army Veteran
"There is always more to learn."
Eternal Grand Master H.U. Lee 1936 - 2000
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midwaste
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« Reply #174 on: October 04, 2009, 10:59:31 PM » |
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SB came with logos? I'm upset - mine didn't.
Charlie
Look around, I didn't know mine did until a few months ago. Some really cool Australian companies and older style retro logos of some well-known companies. I am printing myself a sweet "Action Liquor" shirt from the logo included. what about all the logo's that come with SB. in the library (Dr. Pepper) and other's. can you not use these logo's? Correct, you should not sell them, they are still protected by copyright. I assume they are included as samples for practice/testing. |
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gossages
Member
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Location: Sanford, FL, USA!!!!!
Posts: 17
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« Reply #175 on: October 10, 2009, 06:57:01 AM » |
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Still no word from Lara about the outcome? have 'Dewalt' drilled her and screwed her to the wall? so she cant type anymore?
hope its all ok
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Rodger - unit # 982
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« Reply #176 on: October 10, 2009, 07:33:56 AM » |
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She had a bitter pill to swallow . Sometimes It takes some time to feel like talking about certain things & I feel this is the situation here . I'm sure when she feels up to it , she will inform us . The story was about finished ... just a matter of what settlement she agreed to . It is a possibility that if she went to court , it could be thrown out or awarded a token amount . I hope that is what happens . 1 penny award  ( still was expensive with the $1K in legal fees & time/aggravation/stress ) 1 of my favorite movie lines " Chin Up " Charlotte's Web |
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ThorsFoundry
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« Reply #177 on: October 10, 2009, 07:36:06 AM » |
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You know.. this type of thing is happening more and more often. RIAA and MPAA etc, are blindly going after thousands of people for downloads that may not have even been aware of - and for downloads YEARS ago before people knew it was illegal! I AM CONVINCED that the P2P sites/softwarez are built by these companies for use in entrapments like this. Why not? If Lara's case wasn't deemed entrapment, then why not just do it to everybody? The artists aren't making anything off this - that's the real boner! It's the lawyers, and labels making the bucks. Extorting, basically, cash from unknowing airheads (me included) for d/l ing songs. Ever since I found out it was illegal, I've bought every file/song I have, but you lnow what? I have ALSO BOUGHT software that basically snags files from my cache, and saves them to a diff directory, for use later on. So now every YouTube video I watch gets saved, and I can replay them, or convert them, or whatever. Kind of like stealing them, automatically. I suppose I should dump that software, but the damage has already been done. I effectively, could be snagged, then, even tho I am making a conscious effort to do it all legally. Folks...Welcome to a taste of what the world has become. It will only get worse.  |
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USCutter LaserPoint24...CorelDrawX4...SignBlazer...big fan of Dry Apply. Still haven't learned wet, probably never will..
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ThorsFoundry
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« Reply #178 on: October 16, 2009, 06:16:01 AM » |
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Saw yesterday someone has stickers for sale in a store here.. All white, all like 3" or 4"..including the Fox RAcing, DC, and others..$4 and $5.. They also carry the "Pride of Dakota" endorsement. I bought one, went to their website, and tho they don't show pics, the website listed on the sticker isn't a member of "Pride of Dakota". A search for their website produces a parent company, which is a member of "Pride of Dakota". I believe they are not only using the famous logos, but also using the "PoD" logo. They haven't been accosted AFAIK, but they're a local store. I wonder if I should ask them if they know they may get into trouble for it? Sure - it wouldn't make business sense, but as far as morality goes - ? But as far as bitching about it, it's like seeing someone headed in the wrong direction - you want to stop them and say, "hey man, turn around..the soup line's that way.." |
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USCutter LaserPoint24...CorelDrawX4...SignBlazer...big fan of Dry Apply. Still haven't learned wet, probably never will..
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lueman
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« Reply #179 on: October 16, 2009, 08:08:44 AM » |
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"... A search for their website produces a parent company, which is a member of "Pride of Dakota...'
The fact that their parent company is a member would make this a difficult case to win in court. Again the company can say they were acting as agents for the parent company.
As for snitching on a brother, I'd mind my own, no flames just my opinion.
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