Why didn’t she copy protect her site?
This is possible to avoid duplication. She did put her work out there for the
public to view and opened it to duplication unknowingly.
From: Museum discussion list
[mailto:[log in to unmask]] On
Behalf Of Pamela Silvestri
Sent: Friday, November 18, 2005
12:21 AM
To: [log in to unmask]
Subject: Fwd: Possible Example of
(double) Copyright Infringment (update)
Right after I sent this post to the
list...it occurred to me that my friend may not have known to search the
completed auctions on ebay. I went and searched and sure enough, I found a
another possible violation (and the item sold for @ $200).
E-mailed my friend and told her to
consult with an attorney before contacting ebay or taking any other action.
In order to search completed auctions
further back than the 30 days - there's a separate service and fee for that, so
she's going to have to do this and find out if there have been any
other auctions where this had been done.
Forgot to add that the page from her
website is an article she wrote -the title, graphics she designed and
some of the text is quite readable. The seller's item description does not
refer to the 'backdrop', so the seller didn't even cite the article they
photographed.
In a message dated 11/17/2005 11:35:24
P.M. Eastern Standard Time, PodunkLander writes:
Yesterday, a friend of mine expressed to
me her concerns about a current ebay auction, in which a seller printed out a
page from her website to use as a 'backdrop' for an item they are auctioning.
ebay also automatically provides a copyright for photos that are presented in
auctions.
Her website indicates that all content is
subject to copyright law, etc.
I advised her to contact ebay to request
that they pull this auction immediately, and that the photo be removed from all
subsequent auction searches.
Had she not happened to see this, this
photo would have been archived -whether the item sold or not. To make matters
worse, the item is claimed to be c.1600, Native American in origin and that it
had been dug up from a site years ago, and had previously been the property of
the State of New York.
I see two potential copyright
infringements here and my friend's work being used in association with an
artifact that may or may not have been 'dug up' legally. If these items were
from a legit archaeological excavation and had belonged to a state institution,
I don't see how they could have fell into private hands like this.
Curious to know of your opinions
-Pam
Pamela Silvestri, Museum Assistant
Northeast States Civilian
Conservation Corps
Museum
Shenipsit State Forest
166 Chestnut Hill Road
Stafford Springs, Connecticut 06076
Telephone: (860) 684-3430
e-mail: [log in to unmask]
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