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Old 09-15-2005, 12:26 AM
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keustice keustice is offline
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Reference Image Library Violation

We received a complaint regarding one image in the Reference Image Library from a person representing to be the copyright owner of the image. Pursuant to the user agreement, we take reports by copyright owners seriously, and we have removed all of the user's 1500+ images.

We've done this because we've been unable to reach the user for an explanation and because a number of members have begun to question other images posted by this user, so while only one copyright owner complained, we've been unable to determine the scope of the problem.

You can click here http://www.wetcanvas.com/RefLib/showgallery_removed.php to see the images that were removed. Again, we do not confirm any violation took place, but we are bringing this issue to the users who have uploaded and downloaded images in the collaborative Reference Image Library.

This is a good time to remind everyone of the importance of only uploading images that you yourself own the copyright for. This is the first rule of the library, and you could be held liable by other members of this community or the copyright owner if you do not.

The Reference Image Library is a good faith collaborative effort on the part of artists to combine their reference images. This is the first case like this one I've heard of since starting with WetCanvas!. However, it only works if people post images for which they own the copyright. The consequences are dire if you post images that you do not yourself own, and you would be hurting this community of artists. If you have not snapped the picture yourself, do not post it.

This issue is now a legal matter. Please do not accuse or hint at accusing the poster of any of these images of anything unlawful on WetCanvas! (whether in the forums or PM). No one has all the facts on this matter, including us, on whether anything unlawful occurred; there may well be a perfectly innocent explanation, but this argument is now a legal issue and will not be had on WC!. Any statement to the contrary may well be libelous, and in any event would run afoul of the user agreement.

If you feel the need to engage the poster of these images because you have a commercial interest in these images, do so in a legal venue, and not on the WetCanvas! forum.

Also, if you have a commercial interest in the images posted by this user, you may want to print this page so that you have evidence of your own good faith.

Of course, we are more than a little upset by these events. We do believe in the good faith of the overwhelming majority of our members, but we felt we should make users of the library aware of this issue.
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Old 09-15-2005, 09:16 AM
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maria_khurram maria_khurram is offline
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Re: Reference Image Library Violation

Thanks Kerri for the alert.
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Old 09-15-2005, 11:51 AM
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Karen Cardinal Karen Cardinal is offline
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Re: Reference Image Library Violation

Thank you Kerri for letting us know!

I am still going through the images to see how many I've drawn.

Should we pm you or a moderator to remove our artwork if we've reproduced one of the images?
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Old 09-15-2005, 12:48 PM
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jody007 jody007 is offline
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Re: Reference Image Library Violation

Thanks you Kerri for letting us know.

Jody
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Old 09-15-2005, 01:39 PM
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damar damar is offline
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Re: Reference Image Library Violation

Has this be posted in all the other forums? (ie: acrylics, watercolor) etc?
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Old 09-15-2005, 01:45 PM
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jocelynsart jocelynsart is offline
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Re: Reference Image Library Violation

Ok, thank you.
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Old 09-15-2005, 01:51 PM
krispee krispee is offline
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Re: Reference Image Library Violation

it seems to be about one image only so i don`t see the need to panic at this time.....better to wait until you know what image this may be all about....

krispee
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Old 09-15-2005, 05:31 PM
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Nandie Nandie is offline
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Re: Reference Image Library Violation

We have posted it in the watercolor cafe forum, as many of us have used this person's images for challenges and such. Some are concerned regarding paintings they have done using them..... what if a person sold their painting? What then? I hope Kerri you are able to find out so we know whether to be concerned or not in this regard.
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Old 09-15-2005, 06:29 PM
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keustice keustice is offline
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Re: Reference Image Library Violation

Just to reiterate, we've received only one report by a copyright holder of infringement. Given the general level of interest in knowing if you are using that particular picture, here is a link: http://i1.trekearth.com/photos/1295/...lswater_te.jpg
Because we can't tell which images of the 1500 posted images were legitimate and which were not, we felt the responsible action was to remove them all.

WC! can not give legal advice in regards to this. Our only advice is that if you have a *commercial* interest in any of these photographs that:

1. Seek legal advice. A lawyer will try to protect your interests. Of course, this may only make sense if you do have a large potential exposure (thousands of dollars in sales).

2. Try to make your own call on whether or not the image you used was plagiarized . You can search the web (especially trekearth.com) and see if you can find the image elsewhere. Our worry was that we did notice a number of images by browsing trekearth.com.

3. Keep a print out of my original post, so if a buyer of a painting did ever challenge you, you can prove good faith.

But again, what you do is ultimately your choice. The best option, if you have significant exposure, is to seek legal advice.

Regarding the question: should you remove your images from the site if you painted any of these? This too is at your discretion. If you would like to for the sake of being done with this issue, you can email your forum's moderator with a link to where it appears and ask for it to be removed.

Kerri
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Old 09-15-2005, 06:51 PM
krispee krispee is offline
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Re: Reference Image Library Violation

kerri:
thanks for the link but it didn`t work....came up with a 403 error.....which is an address error i think.....

just thought you`d like to know

krispee
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Old 09-15-2005, 07:17 PM
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Re: Reference Image Library Violation

Kerri, since we have lost a body of work in the library--we should make an effort to replace it--it you can identify the types of pictures lost--maybe we could make a collective effort resupply the library. I have traveled my yard other parts unknow and frequently take photos so I would like to start by volunteering some of my photos and time to upload if you could just let us what you need. Anybody else?
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Old 09-15-2005, 07:23 PM
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Cathie Jones Cathie Jones is offline
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Re: Reference Image Library Violation

I'm so disappointed - this person's photos were some of the best in the RIL. It's a big loss to our community. Hopefully he will contact Kerri and we'll be allowed to have at least some of them back.

JayD, you're a brick . . . and if you have terrific photos, why have you been holding out on us?? hmmmmmm?????
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Old 09-15-2005, 08:51 PM
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Re: Reference Image Library Violation

Quote:
Originally Posted by JayD
Kerri, since we have lost a body of work in the library--we should make an effort to replace it--it you can identify the types of pictures lost--maybe we could make a collective effort resupply the library. I have traveled my yard other parts unknow and frequently take photos so I would like to start by volunteering some of my photos and time to upload if you could just let us what you need. Anybody else?
Anyone may upload images to the Reference Image Library, so if you have some good shots of any kind that you think might appeal to an artist for subject matter, it would be lovely of you to add them and you would have all of our thanks!



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Old 09-15-2005, 09:34 PM
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maverick maverick is offline
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Re: Reference Image Library Violation

I just recently used one of these images so this is very disappointing.

I hope it's just a misunderstanding. I once posted some photos on a photo forum and someone complained that they saw them in a magazine, so they couldn't be mine. Well, they were mine and I wrote the magazine article too. Lets wait for some answers.
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Old 09-15-2005, 11:53 PM
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Re: Reference Image Library Violation

I have just posted some more underwater ones(all taken by me, you can tell by the imperfection!)in the captivity section. have some more yet to go. may not be as brilliant, but I can vouch that you'll not get into any issues using them.If you want something in particular I MAY have taken on the same day, just yell in the ref forum and I'll see if I have it.

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