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Thread: Photo uploads w/o permission of the owner

  1. #1
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    Default Photo uploads w/o permission of the owner

    Hello all, I was very distressed to see one of my pictures uploaded on your gallery. Whoever did this does not own that image and did not seek my permission to use it in any way shape or form. Does this site advocate this type of illegal behavior? I asked to have it removed and it was for a few hours. Now it is back up? Who do I need to talk to to get to the bottom of this. I would like to be provided with the info of whomever is doing this. Thanks for your time.
    Scott

  2. #2
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    Default Re: Photo uploads w/o permission of the owner

    Scott,

    We are distressed and sorely pained if indeed a photo violating copyright was uploaded to this forum. However, I would ask you two things:

    First, please put threads in the appropriate forum as dictated by basic common sense as this topic has nothing to do with the "Japanese Military" in itself...

    Secondly, please provide a link to the offending pic, and include a brief description as to how it "violates copyright".


    *Moving thread to correct forum. PM me if you have any specific questions/comments and we'll get his handled, S9...

  3. #3
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    Default Re: Photo uploads w/o permission of the owner

    Please see here: http://www.ww2incolor.com/news/dmca

    Make sure to include links to the images and I'll gladly remove them.

  4. #4
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    Default Re: Photo uploads w/o permission of the owner

    Quote Originally Posted by Striking 9th View Post
    Hello all, I was very distressed to see one of my pictures uploaded on your gallery. Whoever did this does not own that image and did not seek my permission to use it in any way shape or form. Does this site advocate this type of illegal behavior? I asked to have it removed and it was for a few hours. Now it is back up? Who do I need to talk to to get to the bottom of this. I would like to be provided with the info of whomever is doing this. Thanks for your time.
    Scott
    I don't see how you can expect this site to provide you with the identity of the culprit when you have made it clear that you are certain it was someone on the site where you originally posted the picture.

    Soooo does the member here who is using them without permission have the stones to post on this thread?
    Scott
    #7 at http://forums.gunboards.com/showthre...otos&p=1207068

    The one I put up here for the benefit of this forums regulars had never been seen before in public. It is a rare image. They also were put up over there shortly after being posted here.
    Thanks, Scott
    #9 http://forums.gunboards.com/showthre...otos&p=1207068

    Why don't you ask the administrator of that site to identify who copied your picture? It seems like he would be the person to ask to get to the bottom of it as nobody on this site has access to the source of your problem over there.
    ..
    A rational army would run away.
    Montesquieu

  5. #5
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    Default Re: Photo uploads w/o permission of the owner

    Quote Originally Posted by Procyon View Post
    Please see here: http://www.ww2incolor.com/news/dmca

    Make sure to include links to the images and I'll gladly remove them.
    Many thanks for your polite reply. Sorry for posting the thread in the wrong forum. PM sent.
    Thanks, Scott

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    Default Re: Photo uploads w/o permission of the owner

    Quote Originally Posted by Rising Sun* View Post
    I don't see how you can expect this site to provide you with the identity of the culprit when you have made it clear that you are certain it was someone on the site where you originally posted the picture.

    #7 at http://forums.gunboards.com/showthre...otos&p=1207068

    #9 http://forums.gunboards.com/showthre...otos&p=1207068

    Why don't you ask the administrator of that site to identify who copied your picture? It seems like he would be the person to ask to get to the bottom of it as nobody on this site has access to the source of your problem over there.
    There would be no record of the coping. There would be one of a download. At this point I don't care who did it. I just want it removed.
    Thanks, Scott

  7. #7
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    Default Re: Photo uploads w/o permission of the owner

    Quote Originally Posted by Striking 9th View Post
    There would be no record of the coping. There would be one of a download.
    Which would identify the class of potential culprits. And maybe quite narrowly if there were few downloads.
    ..
    A rational army would run away.
    Montesquieu

  8. #8
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    Default Re: Photo uploads w/o permission of the owner

    Quote Originally Posted by Rising Sun* View Post
    Which would identify the class of potential culprits. And maybe quite narrowly if there were few downloads.
    Like I said I don't care about that anymore. I just want it taken down. Can you do that for me?
    Thanks, Scott

  9. #9
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    Default Re: Photo uploads w/o permission of the owner

    We can, but as per site policy (see the DMCA link that Procyon gave you above) we need to see evidence that you are the legitimate holder of the copyright for the image. Note that evidence that you own a hard copy of this image is insufficient - we need to see evidence that you hold the copyright.
    I have neither the time nor the inclination to differentiate between the incompetent and the merely unfortunate - Curtis E LeMay

  10. #10
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    Default Re: Photo uploads w/o permission of the owner

    Quote Originally Posted by pdf27 View Post
    We can, but as per site policy (see the DMCA link that Procyon gave you above) we need to see evidence that you are the legitimate holder of the copyright for the image. Note that evidence that you own a hard copy of this image is insufficient - we need to see evidence that you hold the copyright.
    I e-mailed all the info and PM'ed the admin. What more can I do? I have contacted through all outside means via your site. All this and still not one response from anybody via that route.
    Scott

  11. #11
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    Default Re: Photo uploads w/o permission of the owner

    Quote Originally Posted by Procyon View Post
    Please see here: http://www.ww2incolor.com/news/dmca

    Make sure to include links to the images and I'll gladly remove them.
    Hello, did you get my PM as well as your info?
    Thanks, Scott

  12. #12
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    Default Re: Photo uploads w/o permission of the owner

    Quote Originally Posted by Striking 9th View Post
    Hello, did you get my PM as well as your info?
    Thanks, Scott
    Instead of sending a PM, did you follow the steps in the link at #3 which invoke the DMCA by sending an email to the designated agent?
    ..
    A rational army would run away.
    Montesquieu

  13. #13
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    Default Re: Photo uploads w/o permission of the owner

    Striking 9th

    I'm getting a bit pissed off with you throwing around allegations of copyright infringements and piracy by WWII in Color and complaining about this site’s alleged inaction on your complaint, especially when you clearly suspect someone on the gunboards site of doing it but quite unreasonably expect us to fix up a gunboards vendetta against you.

    I want to thank everyone for their help on this. I posted on their forum and had a few responses. I still have not got any response from any of the people over there other then that. They have tons of pirated pictures in the photo gallery. Many are copied directly from my good friend Bob Rolfe's book. Those are all one of a kind copyrighted images. Some of Jareth's are from that same photo album. I will update this when new info comes my way.
    Scott
    #19 at http://forums.gunboards.com/showthre...otos&p=1207068

    As you’ve publicly asserted your copyright in this thread to the SNLF photo, which copyright you presumably didn't acquire by taking the photo yourself, please demonstrate how:

    1 You come to own copyright to a WWII photograph almost certainly taken by a Japanese photographer who presumably owned the copyright which you now say has been conveyed to you.

    2. Your claim to ownership is supported by copyright law, with particular reference to international, Japanese, and American copyright law, including the terms of the Berne Convention; the Treaty of Peace with Japan; and the Universal Copyright Convention.

    3. Copyright on that photograph has not expired in accordance with the laws mentioned in 2 above.

    Then do the same for all the other photos you say have been pirated by this site.
    ..
    A rational army would run away.
    Montesquieu

  14. #14
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    Default Re: Photo uploads w/o permission of the owner

    Quote Originally Posted by Rising Sun* View Post
    Striking 9th

    I'm getting a bit pissed off with you throwing around allegations of copyright infringements and piracy by WWII in Color and complaining about this site’s alleged inaction on your complaint, especially when you clearly suspect someone on the gunboards site of doing it but quite unreasonably expect us to fix up a gunboards vendetta against you.

    #19 at http://forums.gunboards.com/showthre...otos&p=1207068

    As you’ve publicly asserted your copyright in this thread to the SNLF photo, which copyright you presumably didn't acquire by taking the photo yourself, please demonstrate how:

    1 You come to own copyright to a WWII photograph almost certainly taken by a Japanese photographer who presumably owned the copyright which you now say has been conveyed to you.

    2. Your claim to ownership is supported by copyright law, with particular reference to international, Japanese, and American copyright law, including the terms of the Berne Convention; the Treaty of Peace with Japan; and the Universal Copyright Convention.

    3. Copyright on that photograph has not expired in accordance with the laws mentioned in 2 above.

    Then do the same for all the other photos you say have been pirated by this site.
    Why do you keep bringing up gunboards? I posted a copy of this image on gunboards. Someone copied it and posted it on your site without my permission. I own the original picture which is one of a kind. If you guys don't want to do the right thing then fine. Just say that instead of beating around the bush and promising to take action in posts here. Just a question. Since you obviously watch the posts on gunboards are you the one who copied the image and placed it in picture folder? Does your site intend to sell copy's of that image? Does this site plan on including this image in the free 400 pictures for a $19.99 donation?
    Thanks, Scott

  15. #15
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    Default Re: Photo uploads w/o permission of the owner

    Quote Originally Posted by Striking 9th View Post
    I own the original picture which is one of a kind.
    Ummm... owning a print of the original picture (even if it is the only one) does not equate necessarily to owning the copyright to it. For you to own that (and assuming that Japanese copyright law applies, which is a reasonable assumption from the photograph content), the original photographer must have died no later than 29th January 1960, and you must have bought the copyright (rather than just the photo) from him or his estate.

    Quote Originally Posted by Striking 9th View Post
    If you guys don't want to do the right thing then fine. Just say that instead of beating around the bush and promising to take action in posts here.
    Unfortunately only Procyon (the site owner) can take the action you are requesting - the forum mods on here have very limited control over the photo section and none over the main website itself.

    Quote Originally Posted by Striking 9th View Post
    Does your site intend to sell copy's of that image? Does this site plan on including this image in the free 400 pictures for a $19.99 donation?
    ALL commercial aspects of the site are handled exclusively by Procyon, the mods on here are all volunteers who have nothing to do with the main website. Accordingly, he is the only one capable of answering that question.
    I have neither the time nor the inclination to differentiate between the incompetent and the merely unfortunate - Curtis E LeMay

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