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The Basement Non-Honda/Acura discussion. Content should be tasteful and "primetime" safe.

At least ask me first before using my pictures...

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Old Oct 7, 2005 | 02:34 PM
  #11  
dj02's Avatar
dj02
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From: cali
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Originally Posted by Nightshade
Any company worth a shit would have tracked you down and asked for your permission to use it and made a fair compensation offer.
excatly! this is what we got for site were hosting.

domain suspended for selling copyrighted dvd...

complain letter:

RE: Copyright and Trademark Infringement



To Whom It May Concern:



I would like to report violations of your company's Terms of Service
relating to trademark and copyright infringement. In accordance with
your
guidelines regarding these issues, and in compliance with relevant
federal
copyright law, I submit the following:



I hereby certify, under penalty of perjury, that the following
information
is accurate to the best of my knowledge and belief.



I am an employee in the legal department of FUNimation Entertainment. I
am
authorized to act on behalf of FUNimation Entertainment with respect to
the
matters discussed herein.



FUNimation is a company engaged in the production of animated motion
pictures. We own or control various exclusive copyrights and trademarks
related to the animated motion pictures known as "Full Metal Alchemist,"
"Case Closed", "Yu Yu Hakusho," "Dragon Ball," "Dragon Ball Z," and
"Dragon
Ball GT" (hereafter collectively referred to as the "Properties").
FUNimation holds exclusive rights to the Properties throughout the U.S.,
Canada, Australia, New Zealand, and other territories. Specifically,
FUNimation is the exclusive licensee for production and distribution of
home
videos, DVDs, video CDs, and other home video formats and devices
(hereafter
referred to collectively as "Videograms") within the referenced
territories.



Our investigations reveal that a site for which your company provides
services is currently being used to sell and distribute unlicensed
Videograms containing episodes, movies, or other embodiments of the
Properties. The use of the Properties in this manner is NOT authorized
by
FUNimation Entertainment and is a violation of FUNimation's intellectual
property rights. The specific site found to be in violation is
www.animovies.com. Infringing materials can be found at the following
links:



http://www.animovies.com/view_produc...productno=7155


http://www.animovies.com/view_produc...productno=1512


http://www.animovies.com/view_produc...productno=5487


http://www.animovies.com/view_produc...productno=6018


http://www.animovies.com/view_produc...productno=7465


http://www.animovies.com/view_produc...productno=5744


http://www.animovies.com/view_produc...productno=1577


http://www.animovies.com/view_produc...productno=6593


http://www.animovies.com/view_produc...productno=7398


http://www.animovies.com/view_product.asp?productno=222


http://www.animovies.com/view_produc...productno=7549


http://www.animovies.com/view_produc...productno=6843


http://www.animovies.com/view_product.asp?productno=37


http://www.animovies.com/view_produc...productno=7081


http://www.animovies.com/view_produc...productno=7512


http://www.animovies.com/view_produc...productno=7510


http://www.animovies.com/view_produc...productno=7504


http://www.animovies.com/view_produc...productno=2683


http://www.animovies.com/view_produc...productno=7511


http://www.animovies.com/view_produc...productno=7509


http://www.animovies.com/view_produc...productno=7507


http://www.animovies.com/view_produc...productno=1730


http://www.animovies.com/view_produc...productno=7506




You will find the listed web site sells, distributes, promotes, and/or
advertises unauthorized and/or pirated videos and/or DVDs containing
copyrighted material from the Properties. Such unauthorized
reproduction of
copyrighted material, coupled with the offer of such reproductions for
sale
and profit, is a violation of federal law, and carries stiff penalties.
For
the foregoing reasons, FUNimation Entertainment hereby requests that you
expeditiously cause all such infringing material to be removed or the
access
thereto disabled. We further request that the names, email addresses,
physical addresses, and any other contact information regarding the
parties
responsible be forwarded to us for the purpose of pursuing further legal
action against them.



If you should require any further information please do not hesitate to
contact me by email at Legal2@funimation.com

. The physical and mailing address of FUNimation Entertainment is 6851
NE
Loop 820, Fort Worth, TX, 76180. Please contact me immediately if this
notification is not in substantial compliance with the DMCA, or if some
other problem arises with respect to our request. I would also request
notification when the above-mentioned site is disabled.



Sincerely,



/s/ Courtney A. Rottman

FUNimation Entertainment

Intellectual Property Enforcement
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Old Oct 7, 2005 | 02:37 PM
  #12  
Grifter's Avatar
Grifter
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From: the southwest
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someone used my white car to sell rear lips a couple years ago
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Old Oct 7, 2005 | 02:54 PM
  #13  
Nightshade's Avatar
Nightshade
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Joined: May 2001
Posts: 51,774
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From: My own level of hell
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Originally Posted by yldstyleviet
I wouldnt mind because it's not a big deal however they are assholes for not asking you first. Besides, they are not big enough to go after for some big chedda think of it this way, if your car was in SCC, you'd be like "holy shit "
$1500 is not big chedda considering he could take them to court and get more than that plus legal fees for damages.

If they had asked to use the image I probably would have accepted $100 and a couple T-shirts for the use of the image on the site only, but using it without permission changes the value of the image immensley. If they counter for $600 then it would be fair, bt make sure they sign an agreement that this image is only for use on the site and not in printed page, shirts, or other promotional items. If they wish to use it for those kinds of items then they have to renegotiate for the useage rights.
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Old Oct 7, 2005 | 03:21 PM
  #14  
brtecson's Avatar
brtecson
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Joined: Jun 2002
Posts: 9,967
Likes: 2
From: Milwaukee, WI
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Originally Posted by NOPD
Maybe I should do that :rick:
I'd do it too. Also considering your currnet situation, I'd really demand compensation.
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Old Oct 7, 2005 | 06:08 PM
  #15  
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benjamin
Stuff and things.
 
Joined: Dec 2003
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From: New York
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I was in a situation like this about a year ago. A car broker site (like autotrader, but much smaller) was using photographs I'd shot of cars as "stock" images for the site. I wrote them a letter pointing it out and saying that they could purchase the right to use the images if they wanted, or just remove them immediately. They took down the photos.

If you want to sue, as has been suggested, you have to realize that you will only ever be awarded damages that you can prove. If you go to court and say "Uhm, I think I could have sold the rights to these photos for ten million dollars" the court will want to see that you have previously sold photos for that amount, or that it is the industry standard price for this kind of use.

Are you a professional photographer? Were you really damaged by their use of the photos? If the answers are no and no, then your best bet is to write a letter offering to discuss how they're going to compensate you for future use of the images. Otherwise, they'll have to take them off the site. Chances are they're going to refuse to pay and just take the images down.
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Old Oct 8, 2005 | 12:49 PM
  #16  
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NOPD
Thread Starter
Come in My Hole
 
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Apparently, somebody at rallyarmor caught wind of this thread and took my photos off their site. I'm still a little upset that they used the pictures without my permission. Whomever at rallyarmor saw this thread, I would like a public apology, what you guys did was unecessary.
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