Image used without auhorization... Lol @ this...

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Postby barry on Tue Jul 10, 2007 1:37 pm

Kyle, why not ask for the name of the dirty sod who submitted the image in the first place and hit on him as well?
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Postby Kyle on Tue Jul 10, 2007 1:40 pm

It will be the webmaster from wheelworx i think...

Adam, i'm not selling..just messing about :lol: :lol:

Maybe I should though.. put some cash into a race car, and pinch photographers photos and use them for personal gain :chook:
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Postby pippin88 on Tue Jul 10, 2007 5:23 pm

This time don't give them copyright / unlimited etc use, rather give them use on their website and promotion material.

Also charge more.
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Postby Kyle on Tue Jul 10, 2007 6:01 pm

Removed post... due to radio gah gah
Last edited by Kyle on Wed Jul 18, 2007 12:09 am, edited 1 time in total.
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Postby macka on Tue Jul 10, 2007 6:16 pm

No compensation will be offered as the image
that was used accidentally retained it's original watermark accrediting the
image producer.


Uh, that's not how it works.

It's really quite simple: the image doesn't belong to him, so he can't use it. It doesn't matter if he "credits you" (and I wouldn't call stealing an image that happens to have a watermark on it "crediting you" anyway) or not.

I hope you correct him on this. He needs to be told that he is completely in the wrong.
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Postby Kyle on Tue Jul 10, 2007 6:41 pm

I just need to find some firepower...

There was something like this on ocau regarding copyright law recently... time to dig..
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Postby poompy on Tue Jul 10, 2007 6:58 pm

good luck with it mate, i really hope this turns out well for you.
its not your fault their normal source wasnt up to speed for when their release was going to be released.

they used your photo and you need to be compensated for this!

give em hell, make sure you come out on top!
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Postby markjd on Tue Jul 10, 2007 7:00 pm

Good luck, Kyle. What a pain it is to have to constantly keep up with people using your images with permission :shock:


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Postby radar on Tue Jul 10, 2007 7:20 pm

Kyle,

have a look at:

http://www.copyright.org.au/

plenty of stuff there but in their publications you will find:

http://www.copyright.org.au/publications/G010.pdf

which is "An introduction to copyright in Australia". That guy certainly needs to read it and have it explained to him if he can't understand it.

good luck,

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Postby Kyle on Tue Jul 17, 2007 11:44 pm

Jason.

Thankyou for your speedy response and removal of the photo from your official media release, it is greatly appreciated.


I fully understand your situation with Michael, he and I are good friends, and it was he who pointed out my photo in your release.

Regarding Nissan silvia forums, I do not care what is posted there, as the webmaster explained to you, content is content, and im more than satisfied with that.


Regarding 'your policy' on photos of your cars, With respect, what you have tried to argue is complete and utter rubbish. If you had any understanding of current legislation you would know that any photograph taken by a photographer is legally and morally the property of that person, Unless there is a binding contract stating otherwise. In this situation there was not. Next time, do some more research.
Guide here: http://www.copyright.org.au/publications/G010.pdf

'Biting the hand that feeds you' - The problem with what you have said here is that without media publications your team, and any other team's would simply not be able to compete. Again, Have a good think about it next time. I did not act in a manner of attempting to profiteering, I simply requested what is legally and morally mine.

I'm happy with the way this situation has worked out. I will be certain to avoid any dealings with you or your team at all further DA meetings. Your attitude towards the people who give your sponsors what they deserve is to say the least, disappointing.




Kind Regards,

Kyle Sharp.



Wonder if he'll reply :lol:
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Postby ATJ on Tue Jul 17, 2007 11:59 pm

Kyle,

I could be wrong, but it is my understanding you have breached Jason's privacy by publicly publishing his (private) email to you, unless he has given you permission to do so. I'm pretty sure privacy legislation was enacted a few years ago to protect against this sort of thing.

Sort of ironic, I guess.
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Postby Kyle on Wed Jul 18, 2007 12:08 am

Yes...very ironic..

I shall make that correction now :)
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Postby Reschsmooth on Wed Jul 18, 2007 10:02 am

I understand that the Privacy Act doesn't relate to personal communication or information - it only relates to corporate/commercial or government use of information. Therefore, Kyle's posting of the email should be ok here.

Otherwise, imagine all the people who breach the privacy act when they forward joke emails! :lol:
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Postby ATJ on Wed Jul 18, 2007 10:25 am

Patrick,

My memory must be failing me, then (I probably have Alzheimer's) as I was sure I had heard about the ruling a few years ago. I did look up the OPC web site but couldn't find it. I'll have another look later, if I remember (I probably have Alzheimer's).
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Postby Kyle on Wed Jul 18, 2007 10:40 am

He just sent me back an email outlining how much of a wanker he is, and how profound in the motorsport industry he is.

No more emails from me, he just doesnt get it.. :?
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Postby ATJ on Wed Jul 18, 2007 11:00 am

I have searched and searched and I can't find anything. :oops: I can even remember the comments on the radio and the forwarding of jokes was even mentioned. Perhaps it pertained to the email addresses being forwarded more than the content. I don't know. (I probably have Alzheimer's)

Either way, it was a private communication and would have been made with the assumption that it wouldn't me made public.
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Postby Kyle on Wed Jul 18, 2007 11:01 am

Thats right, and hence why i removed it.. :)
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Postby Reschsmooth on Wed Jul 18, 2007 11:22 am

ATJ wrote:(I probably have Alzheimer's)


I would make the joke about that being the third time you have mentioned you probably have Alzheimer's, but I would rather not.

I am happy to stand corrected on the privacy issue, the reason I mentioned it previously was because I had a quick look at the legislation when the issue of the Do Not Call register came up recently (I think) and I was sure that the Privacy Act didn't apply to individuals.

Happy to live and learn!
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Postby sirhc55 on Wed Jul 18, 2007 11:34 am

Just bung ”without prejudice” in front of any missive - my lawyer tells me that it can not be used in court against you 8) 8) 8)
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Postby ATJ on Wed Jul 18, 2007 11:37 am

Or get Denny Crane to defend you. He never loses. 8)
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Postby Glen on Wed Jul 18, 2007 11:47 am

To further on from Sirhc55 comment, many letters I head "open letter", meaning it can be shown to anyone. Particularly useful in this case if you were quoting his letter to you in your letter, it would expose how self important this guy thinks he is and how he believes motorsport revolves around him.
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Postby Raskill on Wed Jul 18, 2007 3:26 pm

I would think that the privacy act is designed to protect bigger fish than an email between two blokes, come on guys! :shock:

I know it is illegal under several acts of parliament to record conversations without any of the participants knowledge, but not if one or more of the parties is aware of it. You need a court issued warrant if you want to.

Kyle publishing an email sent to him would not be an offence.
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Postby Kyle on Wed Jul 18, 2007 4:56 pm

Sweet sweet justice

He's got the axe and finishing up next week

CIAO Jase, noone misses you. least of all me :lol:
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Postby young_einstein on Wed Jul 18, 2007 5:18 pm

Kyle wrote:Sweet sweet justice

He's got the axe and finishing up next week

CIAO Jase, noone misses you. least of all me :lol:


HAHA ... that's classic. How'd you find that out?
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Postby Raskill on Wed Jul 18, 2007 7:09 pm

Karma

:lol:
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Postby who on Wed Jul 18, 2007 9:35 pm

No, all you do is put up photos of when the offenders "lose it" and all the other shots of bad driving :lol: :wink:

Nothing quite like annoying people. Get the tags right and google will do all the work for you too :P :twisted:
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Postby young_einstein on Thu Jul 19, 2007 1:08 am

Raskill wrote:Karma


Amen! ;)
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Postby Smurph on Thu Jul 19, 2007 2:56 pm

sweet. just when I was starting to loose faith in the world. :p
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