Archived posting to the Leica Users Group, 1998/12/13
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Tina,
You have my sympathies, but I don't think there's a lot you can do. A =
website such as yours is open to all comers and a link is merely one =
person's recommendation that others take a look at your site. Since =
they're not using your images in their site they're not infringing on =
your copyrights. If you put your images on a site that is open to all, =
you can't really question why people choose to visit it and view your =
pictures - as distasteful as their reasons might be.
BTW, I am an attorney but this is not an area I have any practical =
experience in. Internet law is still in its infancy and is filled with =
grey areas. I think a good analogy would be that if you published your =
pictures in a book - protected by copyright - you really couldn't stop =
anyone else from recommending that others buy your book, even if it was =
for reasons you didn't agree with. Or, if someone made a movie that they =
thought was good but was really horribly bad, they probably couldn't =
stop a link from a site that promised "bad" movies. (Not in any way to =
suggest that your photographs - which I looked at before writing this =
and like a great deal - have anything qualitatively in common with bad =
movies).
When owners of websites start to say that it's okay for people to visit =
their site for some reasons but not for others, the web ceases to be an =
open environment.
You could, of course, post some disclaimer or cautionary message on your =
site.=20
Bryan=20
-----Original Message-----
From: Tina Manley <images@InfoAve.Net>
To: leica-users@mejac.palo-alto.ca.us =
<leica-users@mejac.palo-alto.ca.us>
Date: Sunday, December 13, 1998 8:54 PM
Subject: [Leica] Legal links
=20
=20
Dear LUGnuts:
=20
I have already posted this question on PhotoPro and they are =
debating it furiously. I would love to have your opinion also. What =
can or should I do?
=20
Someone alerted me that my web site was linked to something called =
Boylinks at:
=20
http://www.fpc.net/boylinks/picture.html=20
=20
I sent them an e-mail and asked them to remove the link. They sent =
the following reply:
=20
Dear Tina Manley,
Boylinks provides links to sites that are already in the public =
domain and=20
provide information (including images) of boys. For this reason your =
site=20
qualified for inclusion.
I must point out that while your site remains in the public domain I =
am=20
unable to consider removing this link.
yours sincerely,
Blinker
=20
=20
While my photographs on the site are copyrighted, the entire website =
is not. What are my rights? Can they do this?
=20
Thanks -
=20
Tina
=20
PhotoPro seems about evenly divided between "free speech"(they can =
say whatever they want) and "libel"(they can't say anything about you =
that you don't want them to). Since the site doesn't actually copy my =
photos or the web site but only points to it, it isn't really a =
copyright issue; however, I don't want my site linked to "Boylinks"! =
What should I do?
=20
Thanks for your help -
=20
Tina
=20
=20
=20
Tina Manley, ASMP
=20
=20
http://www.photogs.com/manley/index.html
http://members.tripod.com/~Tina_Manley/index.html=20
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<BODY bgColor=3D#ffffff>
<DIV><FONT color=3D#000000 size=3D2>Tina,</FONT></DIV>
<DIV><FONT color=3D#000000 size=3D2></FONT> </DIV>
<DIV><FONT size=3D2>You have my sympathies, but I don't think there's a =
lot you=20
can do. A website such as yours is open to all comers and a link is =
merely one=20
person's recommendation that others take a look at your site. Since =
they're not=20
using your images in their site they're not infringing on your =
copyrights. If=20
you put your images on a site that is open to all, you can't really =
question why=20
people choose to visit it and view your pictures - as distasteful as =
their=20
reasons might be.</FONT></DIV>
<DIV><FONT size=3D2></FONT> </DIV>
<DIV><FONT size=3D2>BTW, I am an attorney but this is not an area I have =
any=20
practical experience in. Internet law is still in its infancy and is =
filled with=20
grey areas. I think a good analogy would be that if you published your =
pictures=20
in a book - protected by copyright - you really couldn't stop anyone =
else from=20
recommending that others buy your book, even if it was for reasons you =
didn't=20
agree with. Or, if someone made a movie that they thought was good but =
was=20
really horribly bad, they probably couldn't stop a link from a site that =
promised "bad" movies. (Not in any way to suggest that your=20
photographs - which I looked at before writing this and like a great =
deal - have=20
anything qualitatively in common with bad movies).</FONT></DIV>
<DIV><FONT size=3D2></FONT> </DIV>
<DIV><FONT size=3D2>When owners of websites start to say that it's okay =
for people=20
to visit their site for some reasons but not for others, the web ceases =
to be an=20
open environment.</FONT></DIV>
<DIV><FONT size=3D2></FONT> </DIV>
<DIV><FONT size=3D2>You could, of course, post some disclaimer or =
cautionary=20
message on your site. </FONT></DIV>
<DIV><FONT size=3D2></FONT> </DIV>
<DIV><FONT size=3D2>Bryan </FONT></DIV>
<DIV><FONT size=3D2></FONT> </DIV>
<DIV> </DIV>
<BLOCKQUOTE=20
style=3D"BORDER-LEFT: #000000 solid 2px; MARGIN-LEFT: 5px; PADDING-LEFT: =
5px">
<DIV><FONT face=3DArial size=3D2><B>-----Original =
Message-----</B><BR><B>From:=20
</B>Tina Manley <<A=20
=
href=3D"mailto:images@InfoAve.Net">images@InfoAve.Net</A>><BR><B>To: =
</B><A=20
=
href=3D"mailto:leica-users@mejac.palo-alto.ca.us">leica-users@mejac.palo-=
alto.ca.us</A>=20
<<A=20
=
href=3D"mailto:leica-users@mejac.palo-alto.ca.us">leica-users@mejac.palo-=
alto.ca.us</A>><BR><B>Date:=20
</B>Sunday, December 13, 1998 8:54 PM<BR><B>Subject: </B>[Leica] =
Legal=20
links<BR><BR></DIV></FONT>Dear LUGnuts:<BR><BR>I have already posted =
this=20
question on PhotoPro and they are debating it furiously. I =
would love=20
to have your opinion also. What can or should I =
do?<BR><BR>Someone=20
alerted me that my web site was linked to something called Boylinks=20
at:<BR><BR><FONT color=3D#0000ff><U><A=20
href=3D"http://www.fpc.net/boylinks/picture.html" eudora =3D=20
autourl>http://www.fpc.net/boylinks/picture.html</A></FONT></U> =
<BR><BR>I=20
sent them an e-mail and asked them to remove the link. They sent the =
following reply:<BR><BR>Dear Tina Manley,<BR>Boylinks provides links =
to=20
sites that are already in the public domain and <BR>provide =
information=20
(including images) of boys. For this reason your site <BR>qualified =
for=20
inclusion.<BR>I must point out that while your site remains in the =
public=20
domain I am <BR>unable to consider removing this link.<BR>yours=20
sincerely,<BR>Blinker<BR><BR><BR>While my photographs on the site =
are=20
copyrighted, the entire website is not. What are my rights? Can they =
do=20
this?<BR><BR>Thanks -<BR><BR>Tina<BR><BR>PhotoPro seems about evenly =
divided=20
between "free speech"(they can say whatever they want) and =
"libel"(they can't say anything about you that you don't =
want them=20
to). Since the site doesn't actually copy my photos or the web =
site=20
but only points to it, it isn't really a copyright issue; however, I =
don't=20
want my site linked to "Boylinks"! What should I=20
do?<BR><BR>Thanks for your help -<BR><BR>Tina<BR><BR><BR>
<DIV>Tina Manley, ASMP</DIV><BR>
<DIV><A href=3D"http://www.photogs.com/manley/index.html" EUDORA =3D =
AUTOURL>http://www.photogs.com/manley/index.html</A></DIV><A=20
href=3D"http://members.tripod.com/~Tina_Manley/index.html" EUDORA =
=3D=20
AUTOURL>http://members.tripod.com/~Tina_Manley/index.html</A>=20
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