Since 1999, I have been
photographing jewelry and keepsakes for my own businesses. The love of
photography I'm certain came from my dad. I enjoy working with photographs and
it's a sense of accomplishment when an image has been completed. Hours of work
may be required to get decent pictures and to make the adjusts in contrast,
brightness, etc. It requires the right light balance, a few good computer
programs and thousands of dollars of photographic equipment in order to
transform a 3 dimensional item into a pretty photographic image. Photographic
equipment is updated every year or two depending on the new technology so there
is a large investment of time and money. Most commercial items photographed are
jewelry designs but I do photograph other items including keepsake boxes. From
the very beginning, I have copyrighted all of my works with the US Copyright
Office to protect them from unauthorized use. This includes craft instruction
booklets and wildlife sculptures submitted as far back as 1989.
Copyrights & Copyright
My copyrights protect my pictures,
images and also text on my websites. Many of the products I photograph are also
protected by a manufacturer's copyright protecting the design itself from being
copied without permission.
No one has my approval to
obtain any pictures or images from my websites. All of my images are displayed
on pages that contain a copyright notice at the bottom stating the following...
Copyright 2003-9 J. Dunne.
ALL RIGHTS RESERVED. Copying from this web site is a violation of
copyright law. Our pictures and content are for viewing only at
this address and remain our property. They may NOT be copied,
reproduced or modified in any form or manner...
Most of my jewelry, flower images or
keepsakes images are also tagged with my initials "JRD". My trinket box
photographs include either my initials JRD or my full copyright notice. Images
that manufacturer's may provide of their products will include the initials "MJB".
These images may also be protected by my copyrights if I've made adjustments to
Can I Purchase Images
I currently do NOT extend any rights
of reproduction for any of my images. If there is a particular image you wish to
discuss, please contact me. If any approvals are ever
extended, they will be made in writing only through a traceable mailing method.
I take my copyrights very seriously
and if I discover my images being illegally used, I will pursue it. Since 2003,
I have had to confront several businesses that have copied my images from
my websites to use on their own website. Ignorance of the law is no longer
accepted when it comes to copyright infringement. I simply cannot tolerate
others stealing my hard and creative work in order to compete against me in
selling the exact same products.
In the past, I have extended the
courtesy of contacting the offending party first. Most immediately complied
stating that they simply didn't know it was illegal. I repeated this process
with yet another business in 2004 only to have them NOT take my requests for
prompt image removal seriously. In the end, I had to have my attorney educate
this business on the seriousness of copyright infringement. The final letter
stated that her refusal to remove my images constituted "willful" infringement
and the financial penalties per infraction that can be imposed was finally
enough to convince her to comply. See below...
504. Remedies for infringement: Damages and profits
(c) Statutory Damages
(2) In a case where the copyright owner sustains the burden of
proving, and the court finds, that infringement was committed
willfully, the court in its discretion may increase the award of
statutory damages to a sum of not more than $150,000..."
Source: United States Copyright
Office website- http://www.copyright.gov/title17/92chap5.html#504
In March 2007, it was brought to my
attention that yet another business was illegally using my copyrighted images.
After spending hours printing up proof to substantiate my infringement claim
should a legal remedy be pursued, it was determined that a minimum of 48
sales were made using my photographs without my authorization. These were sales
from December 11th, 2006 to March 11th, 2007... no proof prior to this date
could be obtained because auction links were now inactive. My images were the
sole pictures used in presenting the ring designs they had sold. Being an eBay
store, it was relatively easy to access all the required proof that these 48
sales were made using to my images. In effect, I made this business $6,208.83
in sales over a 3 month period but they paid me nothing in return. Does
this seem fair?
Plan of Action
Anyone found illegally displaying my
works will be contacted with a cease-and-desist letter either to their physical
address or via email or eBay messaging. But only after I've contacted
search engines, eBay or any other selling medium that is publicly displaying my
images and have demanded removal of all offending pages. Legal consequences and
reimbursement for infractions will be discussed on a per incident occurrence.
To learn more about
If you have any questions, you
can send me a message
through eBay by clicking on my screen name below.
Anyone with knowledge that my
being infringed upon is encouraged to contact me.
Copyright 2003-9 J.
Dunne. ALL RIGHTS RESERVED. Copying from this web site is a violation of
copyright law. Our pictures and content are for viewing only at this
address and remain our property. They may NOT be copied, reproduced or
modified in any form or manner.