Cease and Desist?

[GuyJean]

I just found FHM Magazine using MY videos!!

http://www.fhm.com/hardware/news/news.asp

Notice they've cropped the videos so the TokyoDV logo isn't visible. Is this kosher, since I have a copyright mark on every video's page?

http://www.TokyoDV.com/news/RoboDex2002Asimo.html

I mean. I expect SOME sort of recognition. Money isn't really an issue, but it could be.. Any legal advice is appreciated.

Gotta run,

GJ

[cstaylor]

Well, it depends on your goal. If you want recognition for the TokyoDV site, why don't you send them an email explaining the situation and offering that they use your video clip and provide a link to the TokyoDV site.

As for the legal part... I've got no idea.

[Steve Bildermann]

I just found FHM Magazine using MY videos!!

http://www.fhm.com/hardware/news/news.asp

Notce they've cropped the videos so the TokyoDV logo isn't visible. Is this kosher, since I have a copyright mark on every video's page?

http://www.TokyoDV.com/news/RoboDex2002Asimo.html

I mean. I expect SOME sort of recognition. Money isn't really an issue, but it could be.. Any legal advice is appreciated.

Gotta run,

GJ

Published intellectual property is considered PUBLIC DOMAIN unless the owner actively enforces his or her copyright.

This means If you don't take positive action to enforce your 'copyright' then over time your published work will fall into the public domain and the precedent having being set even your *NEW* work will be considered to be open source and reproducible.

Now let's say the owner does aggressively defend their property (two classic cases being the management of the estate of Charlie Chaplin and of course Disney) there is now a way around that by claiming the case that you were merely 'sampling' the work.

Get on their case today buddy.

If not then maybe I will publish a few of your vids on my websites too (attribution suitably removed of course)

See what a nice guy I am.

[tokyojoe]

In the future you may want to watermark your videos to show copyright.

[GuyJean]

Published intellectual property is considered PUBLIC DOMAIN unless the owner actively enforces his or her copyright.

Should I send a Cease and Disist letter? Or do more? Again, all I want is recognition. I sent FHM a request for recognition, but should I back it up with a letter from a 'lawyer'?

I usually have no problem with someone showing my work, as long as there's some sort of credit to me. I thought it was really low the way FHM presented my clips: Cropping the video so my watermark is off the screen. It seems too malicious to be legal..

In the future you may want to watermark your videos to show copyright.

I did. They cropped my watermark! Is this how British mags usually get content?

GJ

[GuyJean]

Hey, thanks fellow f*ckers! You helped me in a time of need, and I'm happy with the outcome.

From FHM

I received your cease and desist order today over our news item on your robots - I can only apologise if your copyright has been infringed. We intended merely to draw our readers attention to what, after all, is a great story.

I would like to keep the content on our site and intend to fully acknowledge
the provenance of the videos by inserting the phrase "Videos are the sole
property of TokyoDV and are used with their kind permission. For more
information go to their website at http://www.tokyodv.com" into every page where they appear.

Again, we intended no malice or loss of business for yourselves - if you
could respond to this proposition hopefully we can restore your intellectual
property and reach an amicable compromise.

FHM is pretty cool after all. Actually, I've always been a fan of the print mag, but the site looks saucy as well.

Thanks again, people.
:P

GJ

[kamome]

Published intellectual property is considered PUBLIC DOMAIN unless the owner actively enforces his or her copyright.

This means If you don't take positive action to enforce your 'copyright' then over time your published work will fall into the public domain and the precedent having being set even your *NEW* work will be considered to be open source and reproducible.

Now let's say the owner does aggressively defend their property (two classic cases being the management of the estate of Charlie Chaplin and of course Disney) there is now a way around that by claiming the case that you were merely 'sampling' the work.

Get on their case today buddy.

If not then maybe I will publish a few of your vids on my websites too (attribution suitably removed of course)

See what a nice guy I am.

Actually, I believe that any kind of individual expression fixed in a tangible medium is capable of copyright protection and enforceable even if you don't put the word "copyright" on it and even if it's not enforced immediately. At least this is the rule under American copyright law. I don't know what British or Japanese copyright laws say on this issue. Trademarks and patents are more difficult and "use" and "enforcement" become more relevant to the attempt at invoking legal protections.

Nevertheless, since FHM has already agreed to credit TokyoDV on its website, the issue is basically moot.

[Steve Bildermann]

In the US, I agree with Kamome.

Japan however is still quite a way behind in civil law protection and of course China has zero protection.

Anyway I am glad things have worked out. Very elegant reply from FHM.

[GomiGirl]

Very elegant reply from FHM.

Sure they have cleared themselves - but what were they thinking when they cropped the watermark to begin with??!! That seems a little dishonest and it was only when you happened to see what they had done and sent the cease and desist letter.

What would have happened if you hadn't seen the site... what about the other sites who have done the same thing and you haven't spotted them yet? You can't be everywhere and see everything.

Have they done this to other people not quite as quick as you to find their breach?

Saying sorry the times you get caught doesn't excuse habitual bad behaviour - if this is indeed their SOP for content derivation. If so they are not alone - there is no self regulation - if it is out there in digital form, people will not think twice about stealing it.

[mercutio]

Very elegant reply from FHM.

Sure they have cleared themselves - but what were they thinking when they cropped the watermark to begin with??!! That seems a little dishonest and it was only when you happened to see what they had done and sent the cease and desist letter.

well there is no question about it... They knew what they were doing. Unfortunately, it is like the old saying "its only illegal if you get caught" Many companies (and people) do the same thing. They go with the assumption that they wont be caught and it will cost them next to nothing if they do get caught. At least he got some credit...this time

[Steve Bildermann]

Agreed to all of the above.

My use of the word 'elegant' there was intended to convey a grudging respect for a neat bit of 'ass covering'

GG was spot on though in that it was dishonest and they only came clean when called on it.

[GuyJean]

..they only came clean when called on it.

Well, they haven't come clean yet..

http://www.fhm.com/hardware/news/news.asp

The page is the same as when I found it. It's been four days, and I'm thinking they're just waiting me out until they change the story. I've taken screen shots of everything and sent them a 'why has nothing happened?' letter, but should I get a lawyer to send an 'official' letter?

Are they sitll liable even after the featured story changes?

Again, thanks for all the help.

GJ

[GomiGirl]

Send them another email with a link to this page showing them the bad publicity they are getting on Fucked Gaijin.

But also because we all support you and TokyoDV, perhaps you could also post the email address and we can all send them _polite_ emails criticising their poor ethics.

Also mention that you are currently obtaining legal advice on the matter. I am sure there is a lawyer on this list.....

Keep copies of all communication with them and the dates that you sent them.

FYI I have a friend who has religiouly followed up all copyright infringements and has now stopped creating original content as he is now making enough money from his settlements to stop work.

Most people don't bother following it up - but if this is your work and you have put some effort into it then you should protect what is yours. They are using without permission and not giving credit to the creator. They have made it look as though they have created the content. This is theft!!!!!

[GuyJean]

Send them another email with a link to this page showing them the bad publicity they are getting on Fucked Gaijin.

I've thought about that, but then.... would they really care? We're just a bunch o F*cked Gaijin! Being f*cked is who we are..

Also mention that you are currently obtaining legal advice on the matter.

I've told them, and I am seeking advice.. I'm not sure about the 'international' limits though.. Still checking.

perhaps you could also post the email address and we can all send them _polite_ emails criticising their poor ethics.

general@fhm.com - But remember to be _polite_.

Ask yourself, how much would you have charged them, if they had made a proper contract to use the videos?

Usually I just want recognition, if it's a 'non-profit' site. If they're making money, I adjust to the size/traffic/status of the company. Since they went the extra mile to crop my logo, I'm extra peeved.. (BTW, the TokyoDV logo on every TDV produced video is a hot spot. If clicked, the viewer is taken back to the TDV site.) On FHMs 'cropped', stolen clips, there's just a few pixels of the logo, but the hotspot still works.. That's how I found out what was going on](If you ask me, you should probably force them to give you an exclusive contract to produce videos of all their covergirls...)[/quote]
I know!!! I'm still hoping, in some way, to get some work from this; 'Asian Video Correspondent' sounds good to me. That's why I'm trying to be firm but tactful.

I'll keep you posted..

GJ

[GomiGirl]

I've thought about that, but then.... would they really care? We're just a bunch o F*cked Gaijin! Being f*cked is who we are..

Doesn't mean you have to lie down with your legs in the air though.

What they have done is wrong and they know as much so don't just take it because you are a non-profit site and they are FHM.

I work in digital media and my stuff is always getting ripped off or attempted to be. I do have special protection in place but it really peeves me that people think that cutting and pasting is the same as creating!! I watch the hackers all the time and am constantly astounded at the lengths they will go to to get something that is not theirs. Of course I boot them good and proper but not before sending them into huge loops.

This is theft - they haven't broken into your house but it is still the same.

Enough ranting - I am going out to dinner!!

[GuyJean]

Doesn't mean you have to lie down with your legs in the air though.

I know. I was being facticious.. I appreciate your thoughts.

This is theft - they haven't broken into your house but it is still the same.

I agree. That's why I feel so violated. I'll let you know how things proceed..

GJ

[tokyojoe]

Hey,
Check out this link on protecting quicktime content!
http://developer.apple.com/techpubs/quicktime/qtdevdocs/QT4WebPage/samplechap/special-8.html

[GuyJean]

Hey,
Check out this link on protecting quicktime content!
http://developer.apple.com/techpubs/quicktime/qtdevdocs/QT4WebPage/samplechap/special-8.html

Thanks, TJ!

FHM has now changed their video page. I have a link and get credit!

http://www.fhm.com/hardware/news/news.asp?newsID=40

Yay!

GJ

[kamome]

FHM has now changed their video page. I have a link and get credit!

Congrats! Now if you were really a bastard, you could use the before and after screenshots to prove your case...

Unfortunately, remedial measures cannot be used to prove fault in a case for damages. In other words, you wouldn't be allowed to show the after screenshot as evidence in court.