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I know people keep asking for pictures, but due to a continued problem with copyright infringement of EVERY photograph I've ever posted on this forum, expect no more from me. I really hate to go, but this is too much.

In this case, the first infringement I found was from Teslarati.COM. The second was from HybridCars.COM. Both have since taken the photograph down. Had either asked for permission before copying my photographs, I would have given it. (Hybridcars.COM asked *after* they were already using it and I declined).

Ken

That is unfortunate.

However, I'm guessing that most people assume, like I did, that a work is not copyrighted unless the creator indicates it is. So simply labelling something as copyrighted is likely to prevent people from sharing it without permission.
 
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Well, looks like I was wrong with my own assumptions regarding copyright (that someone had to indicate that a photo or text was copyrighted in order for it to actually be copyrighted):

"In 1989 the United States enacted the Berne Convention Implementation Act, amending the 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic.[SUP][27][/SUP] However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit – using notices of this form may reduce the likelihood of a defense of "innocent infringement" being successful."

Copyright - Wikipedia, the free encyclopedia

However, I'm guessing that most people assume, like I did, that a work is not copyrighted unless the creator indicates it is. So simply taking the approach of labelling something as copyrighted is likely to prevent headaches for people who don't want their words or pictures shared by others.

I assume this matter is a very nebulous one right now. When I post something to a social network, others can click a button to share it. We often want people to do this. The lines between what can be shared and in what context have become very grey. A copyright symbol or claim of copyright helps a lot to clarify matters.

Words are even more open for sharing, I'd assume. If I hear someone say something, I can quote them. Similarly, if someone writes something, I can quote them. We do this all the time, of course. But if someone indicates their words are copyrighted, I assume most people (like me) would rather respect their wishes to not be quoted, and also avoid any potential legal issues, than ignore the person's request.
 
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Congratulation on delivery of Sig #1

And we all go collectively WOOHOOO.

Now for the rest of the 20.000 waiting. I never thought Tesla would deliver in EU in 2015 as they claimed but said late 1Q is the date, that just became late 2Q and then Sig`s only.
 
I know people keep asking for pictures, but due to a continued problem with copyright infringement of EVERY photograph I've ever posted on this forum, expect no more from me. I really hate to go, but this is too much.

In this case, the first infringement I found was from Teslarati.COM. The second was from HybridCars.COM. Both have since taken the photograph down. Had either asked for permission before copying my photographs, I would have given it. (Hybridcars.COM asked *after* they were already using it and I declined).

Ken

They are not infringing on your copyright, they are using it under fair use.

Section 107 of the Copyright Act states:
the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

So before you bad mouth them, consider that they did not have to take down the pictures legally speaking, but did so anyways to respect your wishes.

But as others have said, put a watermark. That is the only way to insure that photos are given proper attribution and the owner is contacted for non-watermarked photos if they need them.


That is unfortunate.

However, I'm guessing that most people assume, like I did, that a work is not copyrighted unless the creator indicates it is. So simply labelling something as copyrighted is likely to prevent people from sharing it without permission.

Copyright law varies by country, so depending on the country copyright law is applied differently. Generally it is a good idea to apply the strictest possible method to insure maximum protection globally. Even more, some pictures come with licensing which expand on the copyright legality.
 
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They are not infringing on your copyright, they are using it under fair use.

Section 107 of the Copyright Act states:
the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

So before you bad mouth them, consider that they did not have to take down the pictures legally speaking, but did so anyways to respect your wishes.

But as others have said, put a watermark. That is the only way to insure that photos are given proper attribution and the owner is contacted for non-watermarked photos if they need them.




Copyright law varies by country, so depending on the country copyright law is applied differently. Generally it is a good idea to apply the strictest possible method to insure maximum protection globally. Even more, some pictures come with licensing which expand on the copyright legality.

Thanks for your more educated response.

And as you say, if people don't want their images or words used without being first asked, given the Facebook/Twitter/Tumblr-dominated world we live in today, I also heavily recommend that they make that explicit and stick copyright watermarks in obvious places. That's enough for me to ask permission to use something, whether we are legally using it under "fair use" for "news reporting" or not.
 
I'm a pro photographer. People re-use my stuff all the time. There's a big difference in letter of the law and spirit of the law.

Some of what I shoot is strictly copyrighted by a client and unfair re-use will be dealt with. In 99.9% of the cases people are asked to remove something, they do, life goes on. I'd guess the vast majority of these are ignorant re-use and a surprising number of them are probably not illegal under fair use laws.

A lot of my other stuff gets re-used and so long as the watermark remains as is and they give me credit in the cut (or cut credit if no watermark) I don't worry about it and am actually flattered.

The only time I've really got upset is if something is used for profit without permission. Still waiting to be surprised by something of mine on a billboard though.
 
anyone considering installing the option should get #2 wire. no down side to it but since more common, its cheaper than #3

I was able to procure #3 a bit cheaper than #2. Also, you can get away with 1" conduit with #3, but that's a really tight pull for #2.

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They are not infringing on your copyright, they are using it under fair use.

Section 107 of the Copyright Act states:
the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

So before you bad mouth them, consider that they did not have to take down the pictures legally speaking, but did so anyways to respect your wishes.

First off, the image WERE labeled copyrighted (in the EXIF information for Copyright holder), but as a later poster pointed out, the Berne Convention and USA law since joining the Berne Convention doesn't require labeling. The big advantage of labeling is there is doubt that the work was produced prior to the USA joining the Berne Convention. This is obviously not the case here.

So where do you go to law school? First off, you aren't citing all of Section 107. It goes on to say:

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; [...]

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and [...]

So the news exemption is not a blanket exemption. What the Courts look for is whether the use of the copyrighted work is transformative. For example,
one newspaper copying an article from another is clearly not transformative. Google indexing a newspaper in its search engine clearly is. This is an evolving
body of law with important cases being decided as recently as this year.

In this particular case, the photograph was used by me *AS NEWS REPORTING* about the delivery. The re-use of the photograph in a different article written by
Teslarati, which really had nothing to add on the matter but what I've already said in this thread, was not transformative. In the case of HybridCars.COM, their editor himself felt that his use was infringing, because he immediately asked for permission after using the photograph!

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Words are even more open for sharing, I'd assume. If I hear someone say something, I can quote them. Similarly, if someone writes something, I can quote them. We do this all the time, of course. But if someone indicates their words are copyrighted, I assume most people (like me) would rather respect their wishes to not be quoted, and also avoid any potential legal issues, than ignore the person's request.

In the particular case of quoting someone's words, the work is usually transformative. If you were just to take someone's words and say `Kenneth said this "..."`, that's not transformative. In the case of writing a larger piece and using a short quote, that's transformative and fair use.

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This is a public forum. The world has access to read it and does. If it’s newsworthy and affects TSLA stock, it gets reported.

I understand that anything I say here about the Model X is newsworthy and will likely be reported. That's different than stealing my words or photographs.
 
adelman is right. He owns those pics even when he published them on a forum. I have no idea why some think they can reproduce those without a permission. Unfortunately there are many bad web journalists, if you call them that, nowadays.
 
I know people keep asking for pictures, but due to a continued problem with copyright infringement of EVERY photograph I've ever posted on this forum, expect no more from me. I really hate to go, but this is too much.

In this case, the first infringement I found was from Teslarati.COM. The second was from HybridCars.COM. Both have since taken the photograph down. Had either asked for permission before copying my photographs, I would have given it. (Hybridcars.COM asked *after* they were already using it and I declined).

Ken

Careful - if you draw too much attention to your photographs you may risk more infringement. Don't want to risk the Barbra Streisand Effect. ;-)

They're your rights and all, but if it were me I wouldn't sweat too small time blogs appropriating a couple photos of mine for which I had no commercial or artistic intent.
 
I was able to procure #3 a bit cheaper than #2. Also, you can get away with 1" conduit with #3, but that's a really tight pull for #2.

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First off, the image WERE labeled copyrighted (in the EXIF information for Copyright holder), but as a later poster pointed out, the Berne Convention and USA law since joining the Berne Convention doesn't require labeling. The big advantage of labeling is there is doubt that the work was produced prior to the USA joining the Berne Convention. This is obviously not the case here.

So where do you go to law school? First off, you aren't citing all of Section 107. It goes on to say:

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; [...]

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and [...]

So the news exemption is not a blanket exemption. What the Courts look for is whether the use of the copyrighted work is transformative. For example,
one newspaper copying an article from another is clearly not transformative. Google indexing a newspaper in its search engine clearly is. This is an evolving
body of law with important cases being decided as recently as this year.

In this particular case, the photograph was used by me *AS NEWS REPORTING* about the delivery. The re-use of the photograph in a different article written by
Teslarati, which really had nothing to add on the matter but what I've already said in this thread, was not transformative. In the case of HybridCars.COM, their editor himself felt that his use was infringing, because he immediately asked for permission after using the photograph!

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In the particular case of quoting someone's words, the work is usually transformative. If you were just to take someone's words and say `Kenneth said this "..."`, that's not transformative. In the case of writing a larger piece and using a short quote, that's transformative and fair use.

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I understand that anything I say here about the Model X is newsworthy and will likely be reported. That's different than stealing my words or photographs.

Thanks for the extra information/context, Ken. I think you made your point solidly.
 
I don't think people who are arguing over copyright against adelman understand/know who they are arguing against. I would suggest they read up about Streisand case :) just saying.


Link for where to start: http://www.californiacoastline.org/streisand/lawsuit.html

Woah! That's some advance level stuff. So did court rejected Barbra lawsuit because the photo was used in non profit way? Or because the project concentrated on coastlines pics and a picture including a house was an exception (but necessary for the project)? Or because the project was deemed to be of public interest?

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Also, here is my understanding of the two situation here.
Adelman- pics used for profit, specific user material used
Barbra-pics used for non profit, public interest, non specific user material used (its a photo of coastline with house, many other photos like that. House in photo because its on coastline).
Please correct my understanding if I am wrong. I am just curious. I have no hidden intention in discussing this matter. Also, if this discussion is unsuitable then kindly tell me.
 
......

She pointed 44 across the parking lot, gentle at first, a little left, a little right. The tension was building, as we both realized we were headed for the freeway. Plastered in my seat, I realized that there was nothing I could do but watch. And touch. My god, you never realize what can be done with 17 inches until you've had one. An hour later my wife was tired; "It's your turn", she said. 44 had no complaints, she was just getting started. We traded positions. 44 wore me out as well. The evening was still early, so we stopped to show her off to some friends, and they had a go with her. My god, it seemed like she would never quit! Back to the freeway, it was my turn again. Wow. My wife and I are tired, and 44 is ready to do it over again. We tether her to the garage and walk inside with the fetish, and I know, life will never be the same. We will sleep well tonight.

Copyright (C) 2012 Kenneth Adelman

"Rule 34: If it exists, there is porn of it."
"Rule 35: If no porn is found at the moment, it will be made."

 
Woah! That's some advance level stuff. So did court rejected Barbra lawsuit because the photo was used in non profit way? Or because the project concentrated on coastlines pics and a picture including a house was an exception (but necessary for the project)? Or because the project was deemed to be of public interest?

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Also, here is my understanding of the two situation here.
Adelman- pics used for profit, specific user material used
Barbra-pics used for non profit, public interest, non specific user material used (its a photo of coastline with house, many other photos like that. House in photo because its on coastline).
Please correct my understanding if I am wrong. I am just curious. I have no hidden intention in discussing this matter. Also, if this discussion is unsuitable then kindly tell me.

The court rejected her suit under the California anti-SLAPP statute. (SLAPP stands for Strategic Litigation Against Public Participation.)

Under the anti-SLAPP statute, I filed a special motion to dismiss her charges. Without any discovery being taken by either party, I had a burden of proof that the suit she
had filed was a result of a "free speech" action I took on a matter which was of public interest, or before any legislative, judicial, or administrative hearing. That was easy -- the purpose of my
coastal photographs was to influence the California Coastal Commission by providing them data. If I meet this burden of proof, then she had a burden that she had a
"probability of success" in her case based on its merits, or the case is dismissed *and* she automatically owes me my legal fees. A copy of her check is on my coastal
website.

It had nothing to do with the commercial use. Commercial use is ok, actually, Streisand (unsuccessfully) argued that since I (at the time) sold copies of my pictures through
my website that I was not entitled to anti-SLAPP protection.

The anti-SLAPP statute can be applied to any cause of action, including copyright infringement. Although it is a State law, the Federal Courts in California have been
applying it, but they don't always grant the legal fees.

So why wouldn't it apply here...?

Because I could easily prove a "probability of success" on the merits of a copyright infringement claim. The anti-SLAPP statute is designed to dismiss harassing
lawsuits, not winning lawsuits.

Ken