Copywrite infringement

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Copywrite infringement

Postby Larry Jowdy » Wed Apr 18, 2012 1:34 pm

Ok folks, pay attention. I got this email from Lee Raskin the author...

Mr. Larry Jowdy, Admistrator

Hello Mr. Jowdy. I recently saw an image of James Dean and his Porsche 550 Spyder on a Facebook site that peaked my interest.
While investigating the matter further, an individual informed me that the image came from your Spyderclub website. I am familiar with your site for owners and fans of replica Spyders.

While I am honored that some of your posting members refer to me as the James Dean authority, "Raskin," and my book (unnamed on the threads), entitled, James Dean At Speed. However, I am not the least bit honored that certain images are being posted on your website without the proper permission of the rightful owner, publisher and licensee. Namely, those of Sanford Roth taken on the morning and afternoon of September 30, 1955.

As you probably are aware, an administrator of a website is deemed to be responsible to make discretionary decisions with respect to appropriate or inappropriate content. This includes accepting or rejecting what may be 'pirated' images or outright plagiarism. Furthermore, the administrator could be held solely accountable and in some case even liable for any violations under the U.S. Copyright laws.

Most of the James Dean/Spyder and accident images belong either to a particular individual or a corporate entity and are registered under U.S. copyright. All of the images taken by Sanford Roth at Competition Motors ( not Competition Motor Sports as contained in the threads) on 9-30-55 are owned by Mr. Seita Ohnishi of Kobe, Japan. One particular image, of James Dean kneeling next to the Porsche Spyder showing a dent in the RR fender -- is the source and reason of my email.

In 2005, I was granted special permission to publish this particular Sanford Roth image (along with other Roth images) by Mr. Ohnishi, exclusively for my James Dean At Speed book. This particular image had not hertetofore been published in print.

Obtaining that special privilege comes with a cost. In this circumstance, the cost was in substantial U.S. dollars.

I want to let you know that there won't be any 'free lunches' being offered to your website to reproduce this particular image taken by Sandy Roth -- especially since no attempt was made before-hand to secure permission from the author or publisher.

Therefore, I am asking you to remove this image from you website as it violates the copyright protection listed in James Dean At Speed. And for the future, I ask that you consider rejecting any image taken by Sanford Roth that may also be under copyright protection by Seita Ohnishi. If you want to obtain permission to use Mr. Ohnishi's images, please contact him directly or through his legal representative.

The alternative of not removing this particular image from your website will result in a 'Cease and Desist' letter from an attorney representing Mr. Ohnishi and me, as the lawful owners/licensee of said published property.

Sincerely, Lee Raskin, JD
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Copywrite infringement

Postby daVinci 550 » Thu Apr 19, 2012 1:07 pm

Thanks Larry. I work in an industry where we need to be very careful and pay particular attention to such matters.

Typically I post a link to someone else's image. I believe if they are hosting the image(s) they should have taken the proper steps to do so.
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