This guy SOOOO needs to fry!

**autumn whispers2me** · 06-24-2005, 06:24 AM

Okay, some of you may know about this whacko stalker who's been accusing me of copyright infringement (of my own work and photography!) because he's ticked at me for turning him in for that very thing, and has gotten an album deleted of mine from Webshots... claiming the images were in violation of internation copyright law... the list is long. He's also ripped from my site in a huge way over the past two years, forcing me to finally turn him in to his hosting company.

I recently turned him in for offering nearly ALL of Midnight Syndicate's music on his site for download, a music group I've taken every proper step to get permission from to use their music (use, not offer for download) on my own sites. In fact, I'm in contact with them quite a bit because I'm building a Flash movie (dedication, promo on my own) with their images and music, images that were sent to me from them. All legal. Well, he's been harrassing me since turning him in to them, about two weeks now.

Well, there are Disney albums, full songs, being offered on his site!! WTH? This HAS to be illegal, right?? Just because the albums are OLD doesn't make them public domain! WHY is he being allowed to do this? His hosting company has already been alerted to what he's doing, and they don't ever check to see what's there or do anything about it????

This guy is a grown man in his FORTIES, for crying out loud. And they're busting teenagers for downloading music illegally. Well, what about the idiots OFFERING the music illegally?

I HATE rippers, especially ones that get pissed off because they get turned in and start seeking revenge!

http://davesworld56.250free.com/Phan...oundsPage.html

And that's just ONE page! He swipes images and sound files from all over the web, so many in fact that it would be nearly impossible to know what was ripped, and what was legal to take--unless you knew what you were looking for.

I just can't believe he's getting away with this.

LEAD_WEIGHT · 06-24-2005, 07:23 AM

Actually their might be a time limit for copyright material, if u do not pay or forget to pay your copyrights for music will be free for everyone to use. As for images will I do not know about that, cause u can have an image but it need to be altered in a way so its another piece of art. U know like Andy Warhal. If he alter the image in such a way nobody can do anything about unless it has not been altered. Again for music such as Disney ,well call on Walt's Lawyer's

**autumn whispers2me** · 06-24-2005, 07:38 AM

Actually, that's incorrect: You don't even 'have' to buy copyright, it's automatic. The only time copyright is forced is when the item copyrighted becomes published, but from what I've been told... you don't lose your copyright just because you didn't pay. Again, it's automatic.

Disney was sued, in fact, over Peter Pan, because the copyright belongs to a hospital in the UK, and they don't pay each year for copyright renewal. I have a short story or two I actually paid for copyright on, just to get the certificates.

**wasahobo** · 06-24-2005, 07:44 AM

Well that kinda sucks...

There are a few things you can do tho...

-- Keep contacting his hosting providers

-- Spread the word, if ppl know he is a ripper they will frown apon him and they will also spread the word

--The ripper Hunters are a well known site that is dedicated to stopping rippers, as long as you show some proof and what not they will post it on there site and forum..

Other than that there isnt really anything you can do.

LEAD_WEIGHT · 06-24-2005, 04:26 PM

I can play any of classical music without anyone going after me.

I have think if u own the artwork then pass it down to family it could last along time but I think it only last 70 yrs after your death.

If I was to rip somebodies work then madeup the background in how I made it then Register the work before you even thought it was ripped u have to prove it in court and any money lost as the result of thief but then u have to show that u could of sold it to anyone or that someone was intrest in the artwork. Min. $2000 to get lawyer to start action or small claims then try it and see how much it is worth to get it back.

If u win then, anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150, 000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.

**Monk** · 06-24-2005, 05:45 PM

Do Tissues come in large sizes over there ??

**autumn whispers2me** · 06-25-2005, 02:08 AM

I know all about copyright---I have to. I've had 3 of my written works published (not novels), have had poems published, and one of my poems is being used as a teaching tool at MGCCC in Perkinston, MS. Copyright is fairly easy to prove, but the way copyright law works---you're work is copywritten immediately when you right or type it. No exaggeration. You can use a pen and a napkin---and your work is copyrighted from the moment the first letter is printed.

Classical music: now that really depends. A new orchestra can record a Mozart piece, but if you put that song on the internet, the song recorded by the new orchestra---you would be comitting copyright infringement. If you use your own instrument(s) and record it yourself, then yes, you can, because the WRITTEN sheet music (from the "greats") falls under another category and is considered historic and public domain.

You have to remember that when it comes to music that the copyright belongs to the individual(s) who WROTE the music (unless they SOLD their rights to it). Each interpretation of the music, one in which another musician obtains permission to use the sheet music for, is also copyrighted to that performing musician, but the original song's copyright still belongs to the individual who "wrote" it.

Music is a whole other ball of wax, copyright wise, than written works. Music is traced easily back to the individual who created the sheet music. ONLY those items listed as "public domain" may be used without permission. That law in copyright still stands. On the back of those record albums that guy has on his site there is copyright information. Why do you think so many people got busted using Napster? They weren't just downloading modern music, but classics (50's, swing, 60's, etc), AND even classical music.

And think about it: We're talking "Disney" here. You really think they would allow their stuff to just slip right out of their hands into "public domain"? They have a team of attorneys who know what they're doing. And just think about how difficult it would be, even with a team of attorneys, to have to re-copyright each and every year all those songs, cartoons, movies, records, tapes, toys, clothing, and so on.. that Disney owns the rights to.

And remembr, Disney was sued over Peter Pan. Even Disney's attorney's couldn't save their butts on that one.

And as far as suing for copyright infringement, I don't know about where you live, but lawsuits are handled here pro-bono: meaning that if you get paid, the atty gets a portion. And if you don't get paid, you don't have to pay the atty.

LEAD_WEIGHT · 06-25-2005, 08:17 AM

I did say Classical not Classic and the record company owns it for about 120yrs before it is free domain.
If u are the author of music and u die without giving it to family or other members of your family that after 70yrs it is free for the taking same as picture paintings if u have the orginal then it vanish and u are unable to find it u can not claim that u are the owner of the art as it is not in your possession but not stole u can not cliam any proceeds for it or act on the copyright.

I can play 10sec clips of music without going against any copyrights aslong as I do not play the song beyound that.
Music is not forever and will become free as for art/literature that falls under a different copyright thing but I can display any of your work of art or literature for free as long as I am using it as a teaching tool and not gaining money from it. Then u could make a case that the students are paying for the learnng and it involves your art/literature so that should make it that the teacher is profiting from your work. Nope, it falls under the use for teaching only and art, literary work, sound & film can be used without your consent as long its not the orginal.
As for literary, music & film that needs to be publish or anyone that finds it can publish and take the credit.

LEAD_WEIGHT · 06-25-2005, 08:27 AM

As for the lawyer thing, in the USA they change the laws regaurding about sueing as if u sue someone and u lose u pay your lawyer & the other sides lawyers expensives as well that is the same in Canada maybe not in Aussie Land but in North America that is how it works. It use to be if u sued somebody and lost u did not have to pay but that change after Clint Eastwood got sue and won but could not get his what he spent on lawyers fees. Look it up that is the time when the law change in the USA before that the court was filled with bogus lawsuits and that is why Micheal Jackson can not just pay off the kids anymore

**autumn whispers2me** · 06-25-2005, 08:54 AM

Hmm, they didn't change the laws regarding lawsuits where I am---I'm in the USA. Only in Florida, and then they just put a cap on the amount you can get for certain lawsuits.

Clips are easy to get permission to use, but you can still be sued for it if you don't have permission to use them.