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  1. #16
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    Quote Originally Posted by believe09 View Post
    He took the time to educate me in the world of photograph ownership...

    Ms. Believe09,

    The photos taken for the Savannah Morning News/www.savannahnow.com are the property of the company. None of the photos published to our website are public domain. I believe it is permissible to send the link to our website so others can view the photo there. But you must have permission from our company to use the photo in any other way.
    I don’t personally have any problem with you using the photo to help find Mr. Kyle’s identity. However, I am not in a position to grant you permission to use it.
    I suggest you request permission from the publisher of Savannah Morning News, xxxxx, or try his secretary xxxxxxx.

    Best regards,

    John Carrington

    I contacted the publisher and his secretary and will alert you as to any further replies....
    That is total BC.


  2. #17
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    Think to possibly rename this to something about photo © - and for all to please read.

    IMO, they should have watermarked the photo when it 1st appeared.

    Any clue on how many people are using this photo? Tons. It's every where. Good luck to them tracking everyone down. It has nothing to do with Ben; he's not the one using it.

    I have a few choice words for them - and I feel if they are going to piddle around with this they are going to lose readers and those of us that send people to their site to read the story. There are so many stories out there on Benjaman; we can send people elsewhere to read.

    EDIT - Doe network also has this photo. Good luck getting a reply from them.
    Last edited by Roselvr; 10-27-2009 at 10:44 AM.


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  4. #18
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    Quote Originally Posted by Roselvr View Post
    Think to possibly rename this to something about photo © - and for all to please read.

    IMO, they should have watermarked the photo when it 1st appeared.

    Any clue on how many people are using this photo? Tons. It's every where. Good luck to them tracking everyone down. It has nothing to do with Ben; he's not the one using it.

    I have a few choice words for them - and I feel if they are going to piddle around with this they are going to lose readers and those of us that send people to their site to read the story. There are so many stories out there on Benjaman; we can send people elsewhere to read.

    EDIT - Doe network also has this photo. Good luck getting a reply from them.
    Oh, I dont think they are on the hunt for everyone to be honest. I suspect someone caught sight of Benjaman's FB page and that is what started the discussion.

    I read the copyright law, and there is no obligation of the part of the owner to watermark the photo. It all comes down to "fair use." As much as I hate to say it, putting the photo unattributed on banners etc does NOT constitute fair use and does impact their possible revenue...either through hits on their site or licensing fees. HOWEVER, I dont know that they will actually take it to the mat-I am waiting to hear.
    email me


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  6. #19
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    Quote Originally Posted by believe09 View Post
    Oh, I dont think they are on the hunt for everyone to be honest. I suspect someone caught sight of Benjaman's FB page and that is what started the discussion.

    I read the copyright law, and there is no obligation of the part of the owner to watermark the photo. It all comes down to "fair use." As much as I hate to say it, putting the photo unattributed on banners etc does NOT constitute fair use and does impact their possible revenue...either through hits on their site or licensing fees. HOWEVER, I dont know that they will actually take it to the mat-I am waiting to hear.
    Maybe I'm reading this wrong but the way I feel; if it's used on a poster, someone is going to google Benjaman. When they do, their link will come up, it will get more people to their site.

    I'm not going to lie.. he's a good looking man and when that photo is used; women are going to want to know who he is.

    I feel they are cutting off their nose to spite their face.

    Anyone that takes photos and puts them online has the realization that one of their photos are going to be used. Someone I know at my computer forum found one of their flower photos on laptops & monitor screens for a very large online retailer called Newegg. The photo was watermarked but it was cut off.

    IMO, a smart photographer will watermark the photo in a way it can't be cropped out. In Ben's photo, say across his chest. If they feel the need to protect their rights, watermarking should be done even though it's not "necessary".


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  8. #20
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    Quote Originally Posted by Kentjbkent View Post
    I will be interested to hear what you find out, Believe09. What I am not understanding is why BK is supposively being threatened with legal action over the picture?

    From what I have learned recently about licensing fees (thank you contributors to Caylee Anthony forum!), it would make sense that if Savannah Morning News and/or John Carrington are attempting to enter into a license fee agreement with Newsweek, there could be an issue of "value" of the picture since it is already in the public domain. But correct me if I am wrong, but I thought it was NOT BK who has submitted the photo to the various myspaces, missing person forums, OUR forum (Tricia) etc. If SMN/JC were wanting to get the photo removed from public so they could "sell" it (licensing fees), wouldn't they be threatening legal action against the various site owners?

    What legal grounds would they have to sue BK?

    Is anyone aware of whether Tricia has received a stop and desist order from a SMN attorney?
    Dear Friends at Web Sleuths,
    I have not been sued or threatened to be sued by the Morris Publishing Group. I received information, indirectly,from an United States Congressman's office, that the Morris Publishing Group (the owners of the Savannah Morning News and the <SavannahNow.com> web site) were preparing to file suit against people who had posted items that the Morris Publishing Group had published, on the World Wide Web.
    After having learned of this information, I tried to notify everyone, whom I know, that they were in danger of being sued if they used copyrighted material from the Morris Publishing Group. Corporations like to pick someone who cannot afford to pay an attorney, file suit against them and thereby get an "easy win". In doing so they set a precedent in the courts, that would make it easier for them to win future suits. I would not like to see that happen to anyone that I know, especially if they were sued because they were trying to help me.
    I do not blame the Morris Publishing Group for trying to protect their copyrighted material. If they allowed their copyrighted material to go into the Public Domain they would lose their ability to make money and they are in the business to make money. If I were in their shoes I would do the same thing. Look at how the Woolworth's Corporation last the trademark for "aspirin". That is not an exact parallel, but it is close.
    Should anyone decide to go ahead and use that picture of me, taken by John Carrington, they should, at least, give him credit for having taken that picture. It is the best picture of me that is in existence and far exceeds my own attempts at photography.
    Respectfully yours,
    Benjaman Kyle


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  10. #21
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    Good Morning Mr Kyle!

    Thank you for the additional information-the point may be moot if the Savannah Morning News releases the picture. I am still waiting for a final decision from the publisher.

    Peace,
    Believe09
    email me


    Long Lost Love: The Bob Harrod Story Disappeared/ID Network
    Amazon: Purchase Long Lost Love $1.99


    Bob Harrod SAR


    “The first time someone shows you who they are, believe them.”
    ― Maya Angelou


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  12. #22
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    Woolworth's vs aspirin trademark. I did not have any idea about this.
    And I consider myself the master of trivia.
    I do learn something new every day.
    God has a plan to help bring justice to the world -- and his plan is us.
    Gary Haugen
    Source: Founder, International


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  14. #23
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    Smile

    Quote Originally Posted by dreamweaver View Post
    Woolworth's vs aspirin trademark. I did not have any idea about this.
    And I consider myself the master of trivia.
    I do learn something new every day.
    Aspirin, in Canada,is still a trademark. It is owned by Woolworths Canada (or it's successor corporation).
    My brain seems to store all kinds of relatively useless information. I just seem to have a very poor data retrival system.


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  16. #24
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    Quote Originally Posted by Benjaman View Post
    Aspirin, in Canada,is still a trademark. It is owned by Woolworths Canada (or it's successor corporation).
    My brain seems to store all kinds of relatively useless information. I just seem to have a very poor data retrival system.
    You have a wonderful sense of humor.


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  18. #25
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    One step closer-I heard back from the publisher who has referred me to the legal department, but I doubt there will be much issue...they could prove me wrong of course lol! I will hear back from that department on Monday....to be continued!!!!!!!
    email me


    Long Lost Love: The Bob Harrod Story Disappeared/ID Network
    Amazon: Purchase Long Lost Love $1.99


    Bob Harrod SAR


    “The first time someone shows you who they are, believe them.”
    ― Maya Angelou


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  20. #26
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    Any word yet?


  21. #27
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    Of course not, hon-it is on my list however!!! This and Gary Poole.
    email me


    Long Lost Love: The Bob Harrod Story Disappeared/ID Network
    Amazon: Purchase Long Lost Love $1.99


    Bob Harrod SAR


    “The first time someone shows you who they are, believe them.”
    ― Maya Angelou


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  23. #28
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    K, no rush..
    I was on facebook and saw one of the pages using the pic as the profile pic which reminded me of this. lol

    It's not important.


  24. #29
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    Quote Originally Posted by Roselvr View Post
    K, no rush..
    I was on facebook and saw one of the pages using the pic as the profile pic which reminded me of this. lol

    It's not important.
    Everything you ask is, buddy. I am still hopeful that it was a "tempest in a teapot."
    email me


    Long Lost Love: The Bob Harrod Story Disappeared/ID Network
    Amazon: Purchase Long Lost Love $1.99


    Bob Harrod SAR


    “The first time someone shows you who they are, believe them.”
    ― Maya Angelou


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  26. #30
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    I am just now seeing this....holy crapola...I have this picture in so many things....I believe I even have it on a LARGE poster made for events....WOW. Gonna take me some time to deal with this...I am outta town and unable to do so until next week.

    I will email LTWH volunteer coordinator and also MySpacers to start working on this.

    I yi yi.

    This really fries my fritters I tell ya.

    ETA.....so, the only risk I run is getting sued??? Believe, please advise...I am willing to take the chance to find his identity.
    Last edited by christine2448; 11-09-2009 at 07:33 PM.


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