Re: ex web client is stealing my images and holding my poetry hostage

by "Keith D Sellars" <Keith(at)webgraffix.com>

 Date:  Thu, 20 Mar 2003 08:20:41 -0500
 To:  <hwg-basics(at)hwg.org>
 References:  2
  todo: View Thread, Original
I would NOT recommend just giving up and moving on "cutting your losses".
There are laws governing copyright infringements with stiff penalties.
ISP's DO have certain responsibilities in these cases if they are informed
of the situation.  Just "giving up" simply opens the door for others.  If
someone stole cash from your bank account, would you just give up because
it's too much trouble to go through the process.

If Lori designed the images and wrote the poetry, then it is HERS, NOT THE
CLIENTS unless the client paid her to do the work on his behalf with the
understanding that he/she then owns the work.

I strongly disagree with just giving it up for nothing.  A good graphic
designer and/or web site programmer spends lots of time creating things and
should not be allowed to be taken advantage of just because his/her pockets
are not deep enough to afford a high-priced laywer.

Thanks,
Keith D Sellars
WebGraffix
www.webgraffix.com

"Making database sites seem easy"


----- Original Message -----
From: "Lori Eldridge" <lorrie652(at)icehouse.net>
To: "Listuser" <listuser(at)rogers.com>
Cc: <hwg-basics(at)hwg.org>
Sent: Thursday, March 20, 2003 1:09 AM
Subject: Re: ex web client is stealing my images and holding my poetry
hostage


> >I used to work for the abuse department of an ISP, and whenever someone
such as yourself would contact us with similar issues (and there were quite
a few) we would tell them that it is a civil issue and we would not get
involved. An ISP has no idea of what agreement was made between you and this
other person. You claim they are your pictures, he says no - who is the ISP
to believe. The ISP is not breaking any laws as there is no way for them to
know who is right or wrong, nor is it up to them to determine this - they
are not a court of law. Like someone else said, cut your loses and move on.
>
> It is very easy to prove these images are mine because I have the original
photographs which I have offered to provide proof to my ISP  and I never
signed any rights away to these images and I've had them on my web design
site for months before this site was ever designed and my ISP/Web Host has
the means to verify that by just looking at my files to see they haven't
been changed in all that time. And they are too breaking the law by merely
refusing to investigate the matter as the following article stated. And none
of these images were work done for hire either.
>
> Apparently you are not a graphic designer or you wouldn't be so quick to
give up rights to your own creations. And it's not just my images--he is
also refusing to remove my poetry and he still has my "This site is designed
by....myself" notification and personal photo of myself, etc.. He just wants
the site to look normal but he has no webmaster to take over and he can't do
it himself so he is holding my work hostage until he can replace it. His
site would be naked without my images.
>
> Lori
>
> >
> >----- Original Message -----
> >From: "Lori Eldridge" <lorrie652(at)icehouse.net>
> >To: "David D Pippen" <pipwax1(at)bellsouth.net>
> >Cc: <hwg-basics(at)hwg.org>
> >Sent: Wednesday, March 19, 2003 10:02 PM
> >Subject: RE: ex web client is stealing my images and holding my poetry
> >hostage
> >
> >
> >> >I would not lose sleep On this issue, the fight is far to great with
to
> >> >little gain. But it is funny you should bring this up I think we need
to
> >> >look in to copyright Issues for future projects
> >>
> >> I was just informed that my web hosting service (same as my client) is
> >breaking the law because they decided to not get "involved".
> >>
> >> When is an ISP liable for the Acts of it's Subscribers?
> >>
>
>http://www.nolo.com/lawcenter/ency/article.cfm/objectID/1902780E-68C9-436B-
9
> >25AC37E42F4CD71/catID/1D5464D1-2A36-45C3-95897F115FEEB097
> >>
> >> Lori
> >>
>
>

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