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Photography Question 

Sylvia Rossler
 

Turk help needed !!!


I just found out that one of my pictures was posted on an turkic blog without my permission.I just want to ask her to remove my picture from her blog but I cant find a link to contact her or leave a message in her guestbook as everything is written in turkish.

Any help would be greatly appriciated..
Thanks

http://hayateylul.blogcu.com/4134607/


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July 06, 2008

 

Mark Feldstein
  So Sylvia, you did, of course, make a timely registration of your work with the copyright office, right? You have a registration certificate, yes? And there's a pretty simple way around the translator portion of the problem. Which image is it, and how did you discover this, btw?

Oh, and inquiring minds want to know where do you stand on the Orphaned works legislation we've been talking about here for the past few weeks in some of the recent threads? Do you think this legislation might have an impact for or against the infringement you're apprarently justifiably complaining about here?
Take it light ;>)
Mark


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July 06, 2008

 

Sylvia Rossler
  Thanks for your quick answer Mark. No I did not register the picture and it's not a question of stealing (she left my name in the properties of the picture)...it is just a matter of courtesy to ask my permission!!
The picture we're talking about is *frozen beauty* my first win here on BP.
I've read a bit in the thread you wrote a time ago...in this case it doesn't match as she recognizes the picture to me ..or am I completely wrong ??


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July 06, 2008

 

Mark Feldstein
  No. In this case (without your consent) the photo might as well read "stolen from Sylvia". Where I come from, taking something without someone's permission is stealing. It's not borrowing, not using without consent, not "loaned to pending permission being granted" or anything like those things. It's stealing, plain and simple and it happens around here, among other places, quite a bit. It's also not the sincerest form of flattery.

Most people here don't care until their work has been used elsewhere without photo credit, whether it's published in print or electronically as it was in your case. That doesn't make the theft any less blatent. Credit has nothing to do with it. Taking without consent of the author is the issue.

The point I'm trying to make Sylvia, albeit at your unfortunate expense, is first, copyright your work BY REGISTERING IT, second and equally important is to learn the laws as they apply to usage and copyright. It's not unduly complex. Most of it can be gleaned at http:/www.copyright.gov

Third, learn how to write a simple cease and desist letter to protect your rights and how to file a claim for infringement using a form complaint in the U.S. District Court, which, btw, has exclusive jurisdiction in all copyright infringement cases in the U.S. (and involving defendants in foreign countries).

Fourth, take a stand (and find out the basic info) on the Orphaned Works of Art proposals pending before Congress in both the House and Senate (discussed here) and take a stand AGAINST that kind of legislation.

Now, in your case, if you haven't timely sought registration in the copyright office and its not too late, you should do so immediately. And send an e-mail to the Legal Attache at the Turkish Consular in Washington, D.C. or their Embassy there with a link to the website and the work. Let THEM figure out who the site belongs to, who to contact and tell them you want their help in getting the work taken down immediately before you sue the site owners and operators for damages under U.S. copyright laws. That should get you some action at least.

If not, an e-mail or sending a copy of the one you send to the Legal Attache to the Legal Officer at U.S. State Department Consulate in Istanbul with the same info should help. And let us know what happens.

Good luck. And make sure all your work gets registered, not just bits and pieces. Not doing, IMO so for anyone here, not just you, is simply penny-and pound foolish.
M.


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July 06, 2008

 

Mark Feldstein
  Oh and before I start getting a ton of notes saying the work doesn't have to be registered and in the U.S. it's protected when it's created, look, that's not an entirely accurate statement.

Yes, in the U.S. under the (Sonny) Bono amendments to the Copyright Act of 1976, the work enjoys some degree of protection. BUT it ain't complete until the work is REGISTERED and that needs to be done in a timely manner in order to commence an action for infringement. If you've made timely application for registration, you can go ahead and sue and tell the court when you get a certificate back from the copyright office. But your registration is a ticket to court.

Without that, you've basically got bupkis and any attempt at enforcing your copyright will likely be rebuffed with "sorry, it ain't registered". You have to protect your initial right through registration. Okie dokie?
M.


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July 06, 2008

 

Mark Feldstein
  Here's two good places to start:

http://www.turkishembassy.org/index.php?option=com_content&task=view&id=41&Itemid=458

That's their contact info. page in the U.S. If you can't find what you need, CALL the embassy and ask them who handles such legal matters.
Copy the whole link into your browser.

http://www.turkishembassy.org/index.php?option=com_content&task=view&id=40&Itemid=74

That's the link to the Ambassador's page. Drop a copy of your e-mail to him. I'll bet that his staff will make sure it gets to the right people and something gets done.

Oh, and you're not going to create an international incident, so-to-speak. They're part of a network of countries with enforcement provisions for various treatises, both U.S. and international, covering intellectual property protections.
M.


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July 06, 2008

 
- Gregory LaGrange

BetterPhoto Member
Contact Gregory LaGrange
Gregory LaGrange's Gallery
  I'd like to know how she found out too.
Try "yorum yaz"


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July 06, 2008

 

Sylvia Rossler
  Thank you Mark!! That's a lot to read about and I will think about it :O)
Gregory, my sister found out by googling my name. I've clicked on yorum but the name that came up isn't the same and I didn't want to write to the wrong person (da.. that google does not translate in turc)


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July 06, 2008

 
- Gregory LaGrange

BetterPhoto Member
Contact Gregory LaGrange
Gregory LaGrange's Gallery
  You may not have been reading the name. Look on the right side of the page. Turkish for "profile" seems to be "profilim". So I think the girl's name is Ana Sayfa.
And since blogs have a button that says "comments" and also "leave comments"(or "post comments"), 'yorum' and 'yorum yaz' may be that in Turkish. Because you do see Ana Sayfa on the page that comes up from that.
You may have been reading a title for the particular blog post.
So try a yorum gonder.


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July 07, 2008

 

David Van Camp
  According to:
http://www.stars21.com/translator/turkish_to_english.html

'yorum yaz' translates to 'comments summer' ... I presume that's supposed to be 'summary' (or maybe comments are only allowed in summer :D

Anyway, at least this site translates turkish to english, even if not very well...

google on 'turkish english translator' ... maybe you'll find a better one.

dvc


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July 07, 2008

 

Mark Feldstein
  Or, you can just contact the Turkish consulate and let them do the translating for you.
M.


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July 07, 2008

 

Sarah G
  Read an interesting article last night in Digital PhotoPro. It made me think of this thread. Here's the link for the online article titled "Naked In the Courtroom"...

http://www.digitalphotopro.com/studio/naked-in-the-courtroom.html


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July 29, 2008

 
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