Monte wrote:
DFK! wrote:
You believe it to be protected material, but based on what grounds?
The cover art for the album is the copyrighted work of the photographer who took/created the image, and myself. That's not just my face, it's a piece of the overall cover of the album. It does not belong to him.
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Entertainers, politicians, and others who put themselves into a public spotlight have a reduced expectation of privacy for their image. Period. That's the law.
It's not merely my image. For example, if he posted a picture of me taken in public, or a youtube video of my performance, that would be one thing. But that image isn't merely just my face. Unless of course you think I actually have a quarter slot from a 1930's era mechanical horse coming out of the side of my head.
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Let's assume it is protected though; one of the grounds for winning any dispute would be an assessment of what you've done to protect that copyright. Have you posted notices online and in all other areas where that copyright appears?
Pretty sure that's on the website, yes. Also, on the CD cover. The artist that created the images for both albums is also the person who crafted the Website. And took every photograph on the website. It's all her work.
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Did you register a trademark? Failure to protect material indicates you don't hold that material as valuable. Hence, xerox can be used lower-case and without permission, as can kleenex, even though both are registered brand-name trademarks: they failed to protect their material.
Pretty sure I'm covered by copyright, and so is the artist that took those pictures and made the album cover, even if I don't have a registered trademark.
See, some of your statements here are indicating an ignorance on the law you're attempting to cite. Again though, let's assume you're correct in your claims of copyright:
For example, the "artist who took the photograph" doesn't own anything if they did so for you. You'd own the artwork, not them. Commissioned works are possessed by the commissioner, not the commissionee.
This would also be true of any website she/he created on your behalf.
In fact, if you failed to acquire ownership of these items, perhaps by not reading your contract, you would not have a leg to stand on but would instead need the artist/creator to have an issue with their use.
Furthermore, unless you own your server, your copyright could be subject to terms of use with your host.
Finally, and I'm repeating myself because I haven't had the chance to look at your linked site from work, you have to actively enforce copyright and trademark. Unless you have legal notices written
each time those items appear you would have a hard time winning any challenge against their use.
For example, making a post on a forum that says, "I don't think you have permission to use that, so stop," is not enforcement. You'd have to get a binding letter from an attorney to the host, the admin, and/or the user. See, that's the problem with anonymity on the internet, who is to say you are who you say you are?
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