Re: copyright violation

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Dan,

Your copyright is protected whether the site's author has copyrighted the
site in question or not. But, if there is no copyright notice given on the
site, then the burden of proof lies in your court. If the site includes your
copyright in a list of credits page, then he is legal. He does not have to
give you credit on or near your image(s). Unless, the site is being used as
an advertisement, then a copyright notice of your image must be visible or
their copyright symbol must be present. Just because they use a copyright,
does not mean they are claiming rights to your image, but the site itself is
copyrighted.

They are require (as you know) to provided some compensation and must enter
into some form of an agreement with you. It sounds like this is not being
done.

The late Galen Rowel brought up an interesting point once, and I am not sure
if this applies, but just in case.....
Two people can take the same shot and both can hold copyrights to that
image. It is not likely the two shots can be exact, but there is the off
chance I suppose.

Check with the following site:

http://www.vlany.org/ Volunteer Lawyers for the Arts, in NYC.

Take care,
Gregory david Stempel
FIREFRAMEi m a g i n g



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