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Press Release:Presses’s Fair Use Versus Owner’s Copyright
Press Release:Presses’s Fair Use Versus Owner’s Copyright
Over zealous journalist obtains photo from Adult Website after committing a tort and had irresponsible Media house publish said photo in Family paper without owner’s consent.
Bridgetown,
Bridgetown,
Barbados
(sardnews.org)
25/11/2011
The owner of http://www.bajexoticspa.com has given the Nation Publication Co’ L’td until the first of December 2011 to compensate him for having used his copyrighted photo without consent in their Weekend Nation newspaper Friday the eighteenth of November , 2011.The following correspondence was emailed to the Media house the Saturday morning the nineteenth of November 2011 . “I am hereby requesting that the Nation Publishing Co’ Lt’d print an apology in your newspaper as soon as possible outlining your companies regret at having use my Website:bajexoticspa.com photo without permission. Also apologize for having used said photo out of context as said photo appears with copy on the website and not the copy you associate it with in your publication Weekend Nation Friday 18/11/2011. You also owe your readers an apology for having unauthorized used a photo from an adult x rated site in your Family oriented publication..”
Maria Bradshaw the reporter for the article “The Naked Truth” subtitles Illegal for massage parlors to offer sex, apologized the same day after the article was published and had the photo in question removed from nationnews.com the online edition for Nation publishing Co; L’td .She went to say that the owner should be glad for the free advertisement. To which the owner replied that…. “the same way no one can take anything off the Nation publishing Co’s website without prior permission the said applies here at bajexoticspa.com.Maria was reminded of the TERM OF SERVICE of the website wherein it states: “…….You are granted a personal, non-exclusive, nontransferable license to view, on a single computer only, the content of the Site. Bajexoticspa.com reserves the right to limit the amount of materials viewed. Commercial use of any content located on the Site is strictly prohibited. In addition, you may not: (i) modify any of the materials found on the Site; (ii) copy, reproduce, publically display or perform, distribute, or prepare derivative works from any of the content made available on this Site; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials found on the Site; or (iv) otherwise transfer any material located in any area of this site to any other person or entity. Bajexoticspa.com reserves the right to terminate this license at any time if you breach or violate any provision of these TOS, in which case you will be obligated to immediately destroy any materials you have obtained from this Site. “
The owner Antonio Jaime (Spanish translation for owner’s English name) informed the journalist and the media house of his intention to file a copyright claim and demand payment if a settlement is not reached by the first of December 2011.Maria Bradshaw replied the website was a public website and that Senor Jaime should forward his intentions to senior personnel.
The owner contends that the photo was acquired after a tort was committed and that his website is restricted as it has a 18 USC 2257 proclamation. This issue visits the concepts of intellectual property rights versus the presses’ right to fair use. The outcome seems destined to be decided by the courts in this matter.
For further information contact Senor Antonio Jaime. (email) info@bajexoticspa.com bajexotica@yahoo.com 1 246 238-8651
Resources: http://www.floridabar.org/DIVCOM/PI/RHandbook01.nsf/1119bd38ae090a748525676f0053b606/dfc00ac22467b7f5852569cb004cbc2a
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About Hands of care
The owner contends that the photo was acquired after a tort was committed and that his website is restricted as it has a 18 USC 2257 proclamation.
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