[MR] Re: image theft and use on commercial website

[Timothy Carter]

Before the term "stolen" and/or "theft" can be used, the facts of this 
circumstance must be presented.  A few questions come to mind:

Do these merchants both "shop" the same supplier and have the use of that 
suppliers pictures to create a catalog?

Does the same company run both websites under different store names, but 
under one "parent" company?

Perhaps the merchants are friendly to each other and are willing to share 
catalog images to cut expenses.

Perhaps the same website developer was employed who has the right to use the 
images independent of the client?

These and maybe other questions should be answered before labeling the 
reproduced images as stolen.  Some images from manufacturers are in fact 
public domain and may be reporduced at the whim of any person wishing to use 
said images.  I caution the accusations and perhaps the addition of 
"alleged" should be present.  Some of the images are similar in both, the 
articles displayed and the model presenting them, however a pizza, french 
fries, or even a hamburger, minus its wrapping, can be displayed by any fast 
food company.

Misuse of protected logos, and other trademarks, is a different issue.

Gunther von Lindenwald  #109809
(Timothy Carter) luminaebanis at hotmail.com
Barony of Tir-y-Don
757-753-3465




>From: "Jeanne" <jeanne at atasteofcreole.com>
>To: <atlantia at atlantia.sca.org>
>Subject: [MR] [SCA-Garb] Re: image theft and use on commercial website
>Date: Mon, 1 Nov 2004 11:33:07 -0500
>
>Perhaps someone can help with this:
>
>
>-----Original Message-----
>From: Heather [mailto:verymerryseamstress at earthlink.net]
>Sent: Monday, November 01, 2004 8:47 AM
>To: SCA-Garb at yahoogroups.com
>Subject: [SCA-Garb] Re: image theft and use on commercial website
>
>
>
>I recognized pictures stolen from Bridesandjokers - I have tried to
>contact them through their webform (didn't work) and through their
>email address (bounced back) so if anyone knows a way to reach them,
>please let them know what's going on.  On their website, they
>request that people notify them in the event that someone is taking
>their pictures.
>
>Compare:
>
>Stolen image:
>http://www.designsofthepast.com/accolade.html
>Brides and Jokers gown:
>http://www.bridesandjokers.com/Medieval_1178_1.htm
>***********
>
>stolen image:
>http://www.designsofthepast.com/images/Gowns/evraftr.jpg
>
>Brides and Joker's gown:
>http://www.bridesandjokers.com/Photos/1492-collage-6.jpg
>**************
>
>Stolen, with an added strip of trim:
>http://www.designsofthepast.com/MidTudor.html
>
>originals:
>http://www.bridesandjokers.com/Elizabethan_1557_1.htm
>****************
>
>There are probably others, but I didn't look any further than the
>ones I recognized immediately.
>
>Farthingales' wheel farthingale image was stolen too, and the thief
>photoshopped a corset on top of it:
>
>original:
>http://www.farthingales.on.ca/wheel_farthingale.htm
>
>
>stolen & photoshopped:
>http://www.designsofthepast.com/images/Underpinnings/wheel1.jpg
>
>
>
>
>
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