Screeeeeeeeeem!!!!!!
I have been in Ebay nightmare for the past two days trying to report a power seller and ebay store owner of The Spirit Room for copyright infringement using photos of a customized item I created and designed to sell their goods. A kind tribe sister alerted me to the infringement and Ebay of course makes it so very difficult to report. It's ironic how much time I"ve spent trying to report it when the individual just went to my website and dragged the photo onto their desktop and voila! began to post it on all their listings and the greater irony is that over my photo they've splashed their own www. web address as if the photo and the item is lawfully theirs. I guess I need to get really predefensive and put my own copyright brand on every photo of my websites! Its like defensive driving I guess.
This store owner has been reported here on tribe before for using dancer's images unlawfully and for selling Melodia knock offs, please don't buy from them. There are plenty of other Ebay sellers who sell mirror belts, cowries and kuchi costume jewelry that dancers can buy. It seems pretty normal to expect that someone would know you can't use a photo of someone else's custom designed image to sell your own goods without permission, and I understand humans make mistakes - I make many and have made many out of selfishness myself. On that level I understand, but huge corporate Ebay has me boiling. You can't talk to anyone directly and their link to another link to another to get to the right report place and preformatted email forms that don't fit the situation and won't send and fax numbers that are busy for hours and I mean hours make it very difficult for someone who's been infringed upon to get resolution. ARRRRRRGGGGGH!
Anyway thats my rant. I'm grateful for Spring in all her Divinity, for my honey bees - making the most amazing Santa CRuz nectar honey, for my body healing itself from pneumonia, for all the beautiful spirits who use dance to pray, to vision, to heal, to connect, to celebrate, to go deeper and for Pema Chodron my teacher (hey buy her cd teachings now - you'll never regret it) and for the abundance I live in everyday.
blessings
I have been in Ebay nightmare for the past two days trying to report a power seller and ebay store owner of The Spirit Room for copyright infringement using photos of a customized item I created and designed to sell their goods. A kind tribe sister alerted me to the infringement and Ebay of course makes it so very difficult to report. It's ironic how much time I"ve spent trying to report it when the individual just went to my website and dragged the photo onto their desktop and voila! began to post it on all their listings and the greater irony is that over my photo they've splashed their own www. web address as if the photo and the item is lawfully theirs. I guess I need to get really predefensive and put my own copyright brand on every photo of my websites! Its like defensive driving I guess.
This store owner has been reported here on tribe before for using dancer's images unlawfully and for selling Melodia knock offs, please don't buy from them. There are plenty of other Ebay sellers who sell mirror belts, cowries and kuchi costume jewelry that dancers can buy. It seems pretty normal to expect that someone would know you can't use a photo of someone else's custom designed image to sell your own goods without permission, and I understand humans make mistakes - I make many and have made many out of selfishness myself. On that level I understand, but huge corporate Ebay has me boiling. You can't talk to anyone directly and their link to another link to another to get to the right report place and preformatted email forms that don't fit the situation and won't send and fax numbers that are busy for hours and I mean hours make it very difficult for someone who's been infringed upon to get resolution. ARRRRRRGGGGGH!
Anyway thats my rant. I'm grateful for Spring in all her Divinity, for my honey bees - making the most amazing Santa CRuz nectar honey, for my body healing itself from pneumonia, for all the beautiful spirits who use dance to pray, to vision, to heal, to connect, to celebrate, to go deeper and for Pema Chodron my teacher (hey buy her cd teachings now - you'll never regret it) and for the abundance I live in everyday.
blessings
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Fri, May 2, 2008 - 11:31 AMWow! I'm sorry you're having to deal with this. It's bad enough that your image was stolen, but the whole "too busy to bother with the customers" thing is outrageous. Somehow, I think that if you owed them money, or they needed something from you, it would be very easy to get in touch with them. I hope you get some sort of satisfaction soon.
Pema Chodron is amazing. I always enjoy hearing that someone else appreciates her. :)
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Fri, May 2, 2008 - 1:19 PMI hope you get lucky and find a way through. I just plain won't support a business that thinks it can get away with taking advantage of another business (especially a one person or handful of people running a small operation). I will steer clear of Spirit Room. -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Fri, May 2, 2008 - 7:32 PMIs there a way you can post a negative review about them without buying something? If not, and they have something really cheap, it might be worth it to spend a couple of bucks and then flame them with a bad review explaining their poor business practices. Just a thought... -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Fri, May 2, 2008 - 9:55 PMThat's pretty manipulative. I would work with the system, and barring that, let karma take care of the rest. :) -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Sat, May 3, 2008 - 7:23 AMPalika,
You are not alone. Here is a link to where they are using a photo of Sandy from FCBD that is posted on tribe/ tribal bay marketplace. Scroll to the end of the listing. cgi.ebay.ca/VTG-BANJARA-...42.m153.l1262 -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Sat, May 3, 2008 - 7:40 AMI don't see it as manipulative. I see it as using what may be the only path available to warn others that these people are dishonest. If that's the only way to make a comment on them, then I would argue that it IS working the system. hehe. But seriosuly, I'm sure a lot of people not on tribe buy from them and I would certainly want to know.
Oh, Palika, have you tried sending them a "cease and desist"? The threat of legal action may shake them up a bit. They would have no way to know whether or not you would be able to see it through. Here's a link to a template (there are more out there): www.propeller.com/viewstory...st-letter/ -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Sat, May 3, 2008 - 10:32 AMA "cease and desist" is an excellent idea.
If anyone needs help from a copyright lawyer, I am married to one! www.patentvalley.com - Dave
-
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Sun, May 4, 2008 - 1:40 AMLovely.
I sent them a message asking to take my photo down. We'll see what they say, if anything. There is a way to report unauthorized photos on eBay, but it seems is geared towards one seller stealing photos from other sellers, as the form asks for item numbers rather than links. I suppose if you need to, you could try puting a link to the stolen photo in the description field instead of an item #.
-
-
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Sat, May 3, 2008 - 7:48 AMOuch, that sounds like a bad choice. Typically, when I read negative feedback with such a slant, I assume that the buyer who posted the feedback is at fault and take it in favor of the seller, because I feel that doing something so mean and vindictive casts a bad light on the feedback giver. Chances are that such an action will accomplish the opposite. -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Sat, May 3, 2008 - 11:03 AMThis is what I was trying to get at. There is so much shadiness and weird manipulative behavior that goes on with Ebay, when I see such things, I usually assume the opposite. Unless there is a rash of negative feedback, one ranting tends to come across as slander rather than truth. I would try another way. -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Sat, May 3, 2008 - 6:21 PMoh..hmmmm...that didn't occur to me. I'm not an Ebayer. That would definitely suck. Point taken. :)
-
-
-
-
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Sat, May 3, 2008 - 10:42 PMYou can also post this in the Belly Dance Boycotts tribe:
tribes.tribe.net/bellydancerboycotts
That will help spread the word to other dancers.
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Sun, May 4, 2008 - 5:53 PMAagh! That place has practically -murdered- me with shipping charges before. (It does not cost $9 to ship less than four ounces of merchandise!) Now I have an even better reason to steer clear! -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Sun, May 4, 2008 - 7:29 PMI'm really curious to know how this comes out. -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Mon, May 5, 2008 - 6:44 PMThanks for all the support. I'm going through the Ebay channels as difficult as it is because I want that seller to get reprimanded by Ebay. It looks like she/he took Sandy's face/head off at least, maybe its her loverly body doing the fabulous spin! The photo they are using of mine is actually a custom tassel belt that I created which is really creepy since they've got www.spiritroom.com splashed over it. Truth is I've had so many people use my heavyhips.net site as a template for their own bellydance site and so many heavyhips photos used on peoples websites and auction site its gets a bit much to try to respond to all. And actually I don't. But I'm still making these belts so in this case it seem appropriate.
In general I try not to be reactive, aware as I am that in the past I may have used someone else's creativity to further my own interests, so it could be my karma coming pack to pinch me. At least I'm committed to integrity, transparency and truth teling in my life as a daily practice and that feels really good. But we all slide down the slippery slope. Unfortunately this seller seems to slide down the slippery slope regularly so I want Ebay's legal team to deal with and I'm filing papers with them now, for an official action for stealing intellectual property.
Be forewarned EBAYERS - Most sellers tack on extra for shipping it how they make their desired cost for their item, and many don't leave feedback until you do, which is ridiculous since you pay them first and that's what they're giving feedback on. I've rarely seen a seller act graciously or professionally if their item is not as described and one attempts to leave negative feedback. They leave feedback based on what you say. Scratch my back and I'll scratch yours, regardless of what really hahppened. The concept that a seller is offering service seems to be lost and entitlement is the game now.
blessings to all in the renewal of spring, plant your seeds inside and out and water them with patience, loving kindness, forgiveness and generosity!
Palika -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Mon, May 5, 2008 - 8:04 PMDon't get me started on the sad state of what passes as "customer service" these days. People act like they are doing you a huge favor by taking your money.
The good thing is that if you actually do offer good customer service, people remember and come back to you. :)
Best of luck, dear! -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Mon, May 5, 2008 - 11:50 PMI feel like I have to comment on this thread. First let me say that there are multiple ways to contact a seller without purchasing something, which palika said in her first thread she did not do. She instead contacted ebay, and then the group mistook what she said about Ebay as The Spirit Room having bad customer service - when she never even tried to contact them. Let's not burn the seller at the stake yet ladies!
When you have a conflict with someone, how about contacting them directly, instead of calling the 'police'.
Perhaps the spirit room did use your image or perhaps it was someone else's image that just looks remarkably like yours. Can you really be sure? Or, even if it is totally your image, why did you not try to contact the spirit room directly, instead of starting a nasty thread. What economic hardship is the use of the photo causing palika anyway? If she had contact the seller right away and explained the situation, I am sure they would not only have removed the photo, but sent her a gift to make her feel better. In these times of recession, is it really doing something good, attacking someone you have never even tried to contact, trying to stir up a hornets nest and rallying everyone you can to stop buying from a seller of excellent reputation - over a photo? Let's be fair.
I know this seller, and have purchased MANY, MANY items from her. She is a good and honest person, and a VERY fair business person. Almost everyone I know has shopped with her and RAVED about the deals they have gotten, and glowed about the customer service. Items they have seen at festivals for 3 and 4 times the cost, they have purchased for pennies on the dollar! She always gives you some beautiful thing for free when you purchase a bulk of items from her. I have never seen one of her items for more than 'the going rate', it is usually far below.
Now, as far as shipping costs go, if you have never run an ebay business before, let me expand your mind. If you run down to the post office, and send that item you purchased thru the mail, no it is not going to be 9$ to send it. Part of the fee is a service fee. It covers the endless amount of running back and forth to the post office, the postage, the endless emails answering questions, complaints, etc from buyers, the boxes, the tape, the packing materials, the fees it cost to sell the item, the EVERYTHING that a seller goes thru to offer good service. And the spirit room has excellent service.
And, although I prefer to buy my Melo's straight from the source, there are dozens if not hundreds of people selling knock-off's. The Spirit Room did not go to India and request some factory to start making flared leg jazz pants. They were on line for the purchasing. So, the problem here is most likely the company that Melodia uses is selling knock-off's based on her designs to whomever will purchase them. The problem there lies with the factory, and whatever agreement they made with Melodia. So, if you have a problem with that, buy your pants straight from Melodia and not from any of the hundred other people making or selling 'faux-lodias'. Or how about the endless 'corset belts' you see everyone selling. How about only buying from Tempest, or have you had one of your girlfriends whip you one up on her sewing machine for 20 bucks? Where are we crossing that line? How many "intellectual properties" are we going to stand up and protect? How about all the "me-too" troupes who just copy the latest moves and fads from the popular professionals?
I would encourage each of you to find out all the details of a situation before you jump on the "let's-get-'em" bandwagon.
One of the things that makes us human is the ability to copy and mimic others. That is why we as a species are exploring space while our ape cousins still live in trees.
-
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Tue, May 6, 2008 - 2:40 AM"...over a photo? Let's be fair."
I'm sorry Tori, I have to disagree. Although, I do appreciate you trying to defend your friend. I must also try to defend my view.
I think it's highly unfair that The Spirit Room could not decently ask for permission to use the photos that they used. If they had, I might have considered letting them download, edit and post a photo that is really only to be used for monetary gain by the photographer and I. Did the photographer get credited for her work? Did the I get credited for modeling the skirt that isn't even for sale? Was there a link posted to the site or page they took the photo from? No. How is that fair? I think it's cheating! I'm sure they're nice people (or person), but bad decisions have been made about promotion here.
Anyone can download any of my photos for their own purposes. You can throw darts at them for all I care. But I didn't get paid to advertise for anyone else, nor did I have the option to say no. And I didn't pay for photos to be taken in order to be used for someone else's products for free. I've also been alerted to my bindi icon photo being used for other bindi sales websites. And on one, there's no way for me to contact them. It's false advertising. I did contact The Spirit Room through eBay. They wrote back saying that they'd take my photo down. They seemed nice about it, but the photo is still being used.
This topic is not about knockoffs. It's about using images without permission and misleading customers. Btw, Tempest sells the corset belt pattern on her website, so anyone can make them. I'm sure she realizes that people have made money from that.
What makes us evolved humans is the ability to create, invent, think critically and explore. Instead of copying, repeating, following like sheep and taking. We can all make our own decisions on whether to order from The Spirit Room or not. I agree, that sometimes people can overreact and thats when we all need to do our own research on prospective sellers. But if their practices are questionable, why should that be a secret? So that we can keep getting taken advantage of? So far, two of us out of this tribal community have been taken advantage of. We're just looking out for each other. -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Tue, May 6, 2008 - 4:41 AMLike it or not, copyright infringement is theft. However nice of a person the owner of the Spirit Room is, she stole the picture by using it without permission. And I, for one, would rather not buy from someone who steals promotional materials from someone who worked hard and/or payed good money (and sometimes A LOT of it!) to create it. The fact that Palika did indeed contact them, and the picture is still up, speaks volumes.
The lady may be very nice and she may have excellent customer service with quality goods for below market prices, but that doesn't change the fact that her use of the photo is illegal and unethical. I don't see anything "unfair" about Palika's outrage or her desire to tell everyone about it. But if you really feel like this lady is being slandered here, why not write her yourself and ask her about the situation? You could come back and post her reply in order to allow her to defend herself. -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Tue, May 6, 2008 - 7:36 PMI have sent the spirit room a link to this thread, so she can speak for her self. But if you re-read palika's comments, you will see that she contacted ebay, not the spirit room in regards to her photo.
Let me be clear, I am not defending the use of photos used with out permission, what I am saying is that palika should have contacted the seller, not ebay. And given the spirit room an opportunity to remove the photo before rallying the 'gang' to boycott them. That is wrong in my opinion.
The other photo of the dancer in the skirt may only still be up because the item has not yet sold. I am not sure how easy it is to remove a photo off an item that is on auction. But at least she contacted the seller. Palika did not, and that was the point I was making.
The other point I am making is that there are two sides to this story. And you have not heard the spirit room's side. So, before you stone them to death, lets hear from the source.
A good friend of mine, once purchased a bunch of pictures that were not copyrighted from a web designer half way around the globe. She used a photo of a dancer's belly on her web site. The dancer stumbled upon it, and was outraged. My friend did nothing wrong. She purchased a disk from a source whom she thought was reliable.
So, let's just get all the facts before we yell theft, and ruin someones business.
Thanks,
Tori -
-
This is the maximum depth. Additional responses will not be threaded.
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Wed, May 7, 2008 - 7:37 AMI agree with Sandi (most importantly) and others. Your friend knew it wasn't HER photo of HER merchandise when she included it in the listing. Why would someone include a photo of something that they are not selling? To add a little something something that the merchandise didn't have for itself. A little Sandi Beauty and pizzazz, if you will. And a photo like that - come on - it's not close to the same thing or similar. It IS the same thing.
As for the cost of doing business and the other hub bub, that's a fact of life that we all deal with. From our own business ventures, to our employment to the prices we pay for food and everything.
Sorry to sound like I have an attitude - but I am a photographer, a graphic designer - and it's funny how some people don't want to pay for these kinds of services - yet think they are so valuable.
People know what belongs to them and what doesn't. We don't walk into stores and accidently walk out with things that do not belong to us.
It's a choice. It didn't happen by accident.
I was considering buying from Spirit Room before. Oh well.
I was also curious about the image they used to use of a drawing of Rachel Brice. There was an illustration a line drawing that I had seen of Rachel - and it was on the Spirit Room Store but had subjected to a poor choice of photoshop filter. That made me suspicious. But I don't know who did the original illustrations - could be the same person for all I know.
-
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Wed, May 7, 2008 - 8:03 AMAlso - it's easy to remove a photo off of a listing. There are easy listing updates that you can make to add and subtract photos and info. I have done it before - unless something has changed - which is possible.
-
-
-
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Thu, May 8, 2008 - 2:57 PM"And on one, there's no way for me to contact them."
Sandi,
You may already know about this, but have you tried doing a "WhoIs" search? (Go to NetworkSolutions.com, click on the "Domain Names" tab and then click on "WhoIs Search" to find out who a website is registered to and/or hosted by and get their contact info. ) In any case, good luck! -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Thu, May 8, 2008 - 3:55 PMThanks, Leslie. I'll see how that goes.
P.S. I've been having a dialogue w/The Spirit Room regarding my photo of the spinning Banjara skirt. She's taken down her auctions for them because apparently the photo is not deleting from the site. She said she deleted it off the page, but it still shows up. So, I thanked her for doing that, even though when you take down an auction, the info still stays up for a while. It's probably now an eBay issue.
Anyway, I'm happy with her responses up to now. I notice maybe a slight twinge of disenchantment in her responses about the bellydance community being so competitive now. I just said, its not about the community, its about respecting people's property. And that if she had asked permission, she may have gotten what she wanted out of the deal.
Really, thats all it takes. Ask permission, either I'll say yes or no and tell you why. Just don't assume I'll be okay with anything/everything.
*;}
-
-
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Tue, May 6, 2008 - 8:49 PM"Now, as far as shipping costs go, if you have never run an ebay business before, let me expand your mind. If you run down to the post office, and send that item you purchased thru the mail, no it is not going to be 9$ to send it. Part of the fee is a service fee. It covers the endless amount of running back and forth to the post office, the postage, the endless emails answering questions, complaints, etc from buyers, the boxes, the tape, the packing materials, the fees it cost to sell the item, the EVERYTHING that a seller goes thru to offer good service. And the spirit room has excellent service."
The high charges in shipping is because people are trying to avoid having to pay eBay fees. So this "expanding your mind" thing is a load of BS. $15 to ship a skirt? Puh-leez. I have been selling on eBay for years. I tack on $1 to $1.50 on shipping and no more. You can get all the free Priority Mail packing material from the Post Office that you can possibly ever need. Tape? Packaging? Gas? What...is the seller buying a new roll of tape everytime they have a sale, or filling up the gas tank evertime they go to the post office? This is pure hogwash. Sellers are doing one of two things. Either luring people into purchasing their items because they think it is cheaper, and in the end it is not, or they are getting around the eBay fee system. I really don't care what other people do out there, but please don't believe it is anything other than this.
Sorry this is off topic. This is one of my pet peeves and a load of bull.
Palika, as a vendor, artist and a business owner, I cannot see how it could be that when someone uses an image that they do not take themselves, they don't know what they are doing. If they do not have permission, then it is a very low act. Stealing. It is an intentional act. Call a spade a spade. I am sorry both of you are going through this (this includes Wendy). Your dedication to this art is immense and admirable. I am sorry that someone is so lazy that they cannot take their own damn pics and is taking a free ride off of your efforts, creativity and image and is benefitting financially and with absolutely no respect, acknowledgement or consideration to you.
-
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Tue, May 6, 2008 - 8:53 PMOh, and one more thing. From a business perspective, the costs of running around, fees for selling the item, handling complaints and answering questions, etc is supposed to be built into the PRICE OF THE ITEM. NOT THE SHIPPING.
Off topic again and I apologize.
Blessings and prayers to you Palika and Wendy. -
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Wed, May 7, 2008 - 6:46 AMOooo....my bad....!
I am working too many hours! I meant Sandi, not Wendy...lol...
I wrote late last night after a looooong shift at the store. At 6am this morning my eyes popped open as I realized I meant Sandi, but wrote Wendy...whew...must..get ...more...sleep.
It is not a big deal to change or take down a photo on ebay. All of 20 seconds to delete a photo. Easy peezy.
-
-
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Wed, May 7, 2008 - 4:54 PMthere is a copyright law in regards to intellectual property and photographic property. This seller is violating both of those without written permission for the use of the copyrighted materials.
Pretty simple, and contacting the seller is imparative, but also notifying eBay is in line with the policies of eBay. Ignorance is not an excuse or a reason, as the rules of eBay clearly state the use of copyrighted materials.
So the fact, palika wants to report the seller is what she is supposed to do when it comes to eBay and their rules.
What she chooses to do is up to her on how to handle it, but it is not putting the seller out on a stake, it is the law.
-
Re: copyright infringment on ebay again - please don't buy from The Spirit Room
Thu, May 8, 2008 - 6:43 AMUsing other peoples photos is theft. I'm sorry but there's no other word for it. Good photography takes hours of preparation, setting up the space, lighting etc. make-up, costume. Then there's photographic editing time. Try paying a professional, commercial photographer and then see if you feel the same. If I'm spending a day doing photography, that's a day when I'm not earning.
Palika had every right to contact ebay directly to complain. If someone's in business then they should know not to steal pictures. Your friend has benefited from another's work, without their consent.
I agree Bellydance Boycotts Tribe for this one.
www.pedralta.com -
-
Re: copyright infringment on ebay again -
Thu, May 8, 2008 - 11:33 AMCopyright infringement (or copyright violation) is the unauthorized use of material that is covered by copyright law, in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.
Well, it does sound like everyone on this thread is above reproach. None of you have ever burned a copy of a cd for a friend, downloaded a song you didnt pay for, or told a joke that you didnt yourself make up. You have never purchased anythinng that ever resembled a designer original, or used a "move" in a dance that you didnt create, and you have never downloaded a photo of your favorite dancer without the express permission from the dancer or the photographer.
B/C that would all fall under copyright infringement, called Piracy, and you would be just as guilty in court as someone using a photo they themselves did not take, for advertising purposes.
Amendments to the 1976 Copyright Act
With the passage of the so-called No Electronic Theft Act (NET Act), US copyright law was changed to allow for the civil and criminal prosecution of persons allegedly engaged in copying of copyrighted works without permission that did not result in personal financial gain; historically, the criminal copyright law required infringement to be for financial gain.
-
-
Re: copyright infringment on ebay again -
Thu, May 8, 2008 - 11:46 AM<or used a "move" in a dance that you didnt create,>
a "move" can't be copyrighted...a choreography can. I can use any "move" I want. Choreos are different...but if I learn a choreo in a class I pay for or from a video I bought, it is thoroughly my right to use it. I am buying that knowledge. Although personally I wouldn't simply because I choreograph my own work.
-
Re: copyright infringment on ebay again -
Thu, May 8, 2008 - 12:01 PMUsing something and using something to make money for yourself are two different things.
Art and photography is automatically copyrighted with the responsibility of the artist to protect it's value when stolen.
Having an image of an artist on your myspace page to show that you are a fan is NOT to make money. It's giving props to someone that you are a fan of. And it's not trying to take credit for that wonderfulness.
My friends do not pay me to tell them jokes.
I was given a knock of purse for Christmas and passed it on because I didn't want to be seen with it. Although it's possible I have bought one not knowing it was a knockoff. I do not keep up with every designer purse that is made every season.
I know that the other 2 ladies are the ones that have been wronged here - not me! I just want to point out that the Spirit Room knew to put their own watermark on their images. -
-
This is the maximum depth. Additional responses will not be threaded.
Re: copyright infringment on ebay again -
Thu, May 8, 2008 - 1:26 PMI don't think anyone on here is trying to come off as "above reproach". What true is true. It is theft regardless of whether the accuser is completely innocent of ever having committed any sort of crime or thoughtless act.
-
-
Re: copyright infringment on ebay again -
Thu, May 8, 2008 - 5:15 PMbtw..you can't copyright clothing designs, or dance moves (as was stated before) however, you can violate copyright if a choreography is developed and recorded via video or written down - that is the closest you can come on the "moves" reference.
Yes burning CDs and using them for a means of acquiring financial gain is copyright infringement, but if you use music and are not getting paid it becomes grayed, because then you could not play music in public spaces in any respect which defeats the purpose and joy of music. (DJs and bars have to pay fees to play themusic they do in their financial gain establishment, hence part of the reason for cover charges to help offset those fees.)
Photographs as was stated are copyrighted the moment the photo is taken by the person that took it. Downloading them for personal enjoyment, is a gray zone in regards to "intended use" of the photographs, if they are used on a commercial site, you had better have written permission from the photographer and the subject if it is a person in the photograph. The photographer owns the image rights and the person may or may not have signed a model release, if no release then you have to contact the person in the pic to be sure you can use the image.
Lots of twists in turns in copyright law, but bottom line is that palika is within her rights as well as Sandi in pursuing the cease and desist of the copyright infringements that have occurred.
-
-
This is the maximum depth. Additional responses will not be threaded.
Re: copyright infringment on ebay again -
Thu, May 8, 2008 - 5:40 PMSandi, that's great! :) -
-
Re: copyright infringment on ebay again -
Fri, May 9, 2008 - 7:48 AMThe presumption of innocence — being innocent until proven guilty in a court of law — is a legal right that the accused in criminal trials has in many modern nations. The burden of proof is thus on the prosecution, which has to collect and present enough proving evidence to convince the judge and jury, who are restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond a reasonable doubt. In case of remaining doubts, the accused is to be acquitted. -
-
-
-
-
-
-
-
-
-