28 Apr2005

Copyright Infringement

by Marketman

All of the writing and photography on marketmanila.com are my original literary works unless otherwise indicated. It is an infringement of my copyright if you reproduce in part or in whole any of my posts or photographs without prior written approval or mention of the source. The site is completely free of charge and encourages all of you to experience, enjoy and learn from it, but please do not abuse it by stealing photographs or the write-ups themselves. My copyright is protected under Philippine Copyright Law and the Berne Convention for the Protection of Artistic and Literary Works.

If you should notice that any of my writing or photographs are used elsewhere, I would appreciate it if you would send me an email and I will pursue the appropriate legal action. It is unfortunate that a website that is currently being visited by such a passionate group of food enthusiasts would be marred by a small number of people who have no respect for others’ intellectual property. My lawyers will pursue all appropriate legal action in the event of an infringement of my copyright.

Thank you.

Marketman

 

COMMENTS:

  1. wysgal says:

    Yikes did you see someone else using your entries and passing them off as your own? It’s never pretty when that happens in the blogosphere. What some people have resorted to doing is disabling right-click functionality in their sites.

    Apr 28, 2005 | 9:06 pm

     
  2. Marketman says:

    Seems some people have downloaded several of my photos and uploaded them on their sites and claim the photos as their own… really makes you wonder what they are thinking…

    Apr 28, 2005 | 10:04 pm

     
  3. Tom says:

    It’s common and very difficult to chase… one of my old sites was copied, wholesale, by someone in Russia. It’s still up and online despite being a decade out of date. Very annoying.

    The best person to contact is whoever their internet provider is — you can find this via a WHOIS lookup (your provider can help you with this). Generally ISPs will shut down serial offenders as they are liable as well once you have notified them of the infringement.

    Apr 28, 2005 | 10:25 pm

     
  4. Marketman says:

    Yup. We have taken steps. Will see over the next few days if they work. Thanks.

    Apr 28, 2005 | 10:34 pm

     
  5. Mila says:

    I’ve also noticed that some blogs are inundated with spam; it’s probably an age old problem, but it is annoying to the owner and to the rest of the readers. I hope you can get some satisfaction from those nitwits who are too lazy to take pictures for themselves.

    Apr 29, 2005 | 12:06 pm

     
  6. schatzli says:

    This is one reason I dont want to start a photo blog…
    I used to sell my photos to local papers in Athens.
    Anyway shame really on these people! You are not the only victim on this matter…will keep an eye and hope if you do find your materials copied hope you will nail them down

    Apr 30, 2005 | 1:05 am

     
  7. bugsybee says:

    Hi Marketman. I really enjoy reading your blog, especially the recipes and menus. So tomorrow, my Sunday breakfast will be torta.
    By the way, maybe you can try copyscape (www.copyscape.com) I don’t know yet how effective it is but I think it’s worth trying.
    I’ll be a regular visitor – congratulations for a really nice, informative site!

    Apr 30, 2005 | 11:20 pm

     
  8. schatzli says:

    just came back outside Oslo for a small organic producer but it was close so we ended up at the nearby garden centre
    and had lunch near the port , smoked salmon and norwegian fish soup.
    Yippe I will thrive here in Norway. Happy Weekend

    May 1, 2005 | 1:30 am

     
  9. Marketman says:

    Bugsybee glad you enjoyed the site. Thanks to you all for comments on copyright infringement. Schatzli I totally envy what must be 50-70 degree weather where you are. It was about 100 degrees fahreinheit feeling like 110 the past two days!

    May 2, 2005 | 10:28 am

     
  10. Dodi says:

    Hallo Marketman! It’s unfortunate that you’re a victim of these lazy thieves and I understand how you feel. Rest assured we will on the look-out for these shennanigans and report them to you.

    May 4, 2005 | 2:52 pm

     
  11. ed arcilla says:

    Hello Mr. Marketman,

    Just yesterday a colleague of mine informed me that a painter used my Grand Prize winning photograph in the Canon Asia Pacific Photo Contest (1992) and entered it in a local nationwide Art Painting competition conducted just recently. And it won runner-up. Matter of fact, the paintings that won in this competition are currently on exhibit for public viewing.

    I visited the exhibit today and saw, to my amazement, that my photo was copied in its entirety including even the subject item (in this case a wicker chair) and the model (person) I used. The painter only changed the color of the T-shirt worn by my model and added several persons in the painting along side the model wherein, in my original photo,it was totally black. It was already published in a first edition magazine and I understand it is intended to be used in calendars, desk calendars and other promotional materials.

    I plan to advise Canon about this as they would surely be finding it an infringement of my copyright.

    Kindly advise what would be the best step, to protect my rights and eventually, to claim compensation for the infringement. Thank you.

    Ed Arcilla

    Sep 3, 2006 | 10:06 pm

     
  12. Marketman says:

    Hi Ed,

    Sorry to hear about your experience. I am not sure how the law applies in the event that the piece of work is altered “significantly.” From what I understand, the painter has used as his basis, your photograph, but I am guessing that he did indeed PAINT his entry. In addition, he added several more features to change it a bit more. The painting itself may be considered to be his and an original, it is the inspiration that he seems to have taken from another work of art… At the least, I would have hoped that he would acknowledge the source of the inspiration. I am not sure what your legal recourse is but I would at least let Canon and the organizers of the Painting competition know what has happened. However, it is a CLASSIC painters move to replicate other works of art, hence painters “copying” the sculpture of David, etc. I totally understand how you feel and I would at least inform the organizers and perhaps the painter. As for compensation in this country for a situation like this, good luck… maybe the painter will give you a copy of his prize winning entry…

    Marketman

    Sep 4, 2006 | 6:16 am

     
  13. ed arcilla says:

    Hi Mr. Marketman,
    Thank you for your response. I am now in touch with a copyright lawyer. Another, a staunch copyright enforcer, and am gather more information for purpose of laying the grounds for compensation. There was no attempt on the part of the artist painter/the school/ organizer to get hold of the author of the photograph copied. If it were an ordinary photo perhaps it would not matter much. But this already won internationally, against 9 countries with over 10,000 entries.
    It is not possible for the painter to have just picked up the image from anywhere else but from a catalogue of the Canon’s CAPC. Will advise you of the situation in due course.

    Thanks. Ed

    Sep 5, 2006 | 3:09 pm

     
  14. Anton Sheker says:

    Hi there

    We have setup http://www.copyright.ph for those people that need to get their story out and need protection from copyright violators that infringe on our basic rights..

    Help us build the site by adding your stories to the list so we can educate and get our stories out and hopefully put a stop to all these copyright infringment.

    http://www.copyright.ph

    Oct 31, 2007 | 3:04 pm

     
 

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