C
CarolW.
There are stipulations to Fair Use thoughts; you cannot just take and
share - even if for sake of discussion. It is just not that
simplified.
There are around 2 to 3 other vague clauses of thought also under the
Fair Use header. Profit is not the only thought around Fair Use
either.
And why is it not protected by copyrights is an important thought also
in relation to Public Domain thoughts - either the copyrights have
expired or the person that has claims to copyrights VOLUNTARILY placed
the item into Public Domain.
Whose to say the original image was ever in the public domain?
You have broadly painted what falls into Public Domain - and too
broadly painted at that.
You and I can stand side-by-side and take a picture of a tree or
someone's eye. I can retain all claims of copyright to that image
while you decree your copy to being Public Domain. Just because you
placed yours into the header of Public Domain doesn't mean that my
photographs are then also considered Public Domain. You cannot take my
images and morph them or modify them then display it withOUT my
permission in advance.
Go to some sites that offer free background sets and many of them have
a terms of use where you, if wishing to use any of those sets, agree
to NOT modify [resize, change colors, morph parts of the design, et
al] the images. You can add text to the "buttons" and "banners" but
that's about it. Want a set modified more than that? Contact the
person and ask them to modify it for you.
Likewise, if Duende lifted then altered a copyrighted image - this
does not absolve you if the original copyright holder of the original
image stumbles across your site and files a DMCA with your site host
over the image; you still run the risk of your site host deleting your
site solely by lifting the image from another site. Duende could have
had permission from the original copyright holder that you don't have.
You don't know because you didn't care to ask prior to using the image
on your site. But later claims of "not knowing" or "misinterpreting
the laws" may not help you either as it can be argues you would have
been either granted or denied permission, therefore KNOW, simply if
you had asked in the first place versus just taking "'cause it is on a
website" type thought.
Evidence has been shared by himself and others sharing that it was
Duende's original work.
No one but you has disputed he has any claims to the image - but then
again you have also admitted to lifting the image from his site and to
using it without asking Duende about the legal status of the image to
begin with.
I also imaging the time stamp of when it was uploaded to his site will
differ and pre-date the time stamp on your site
uploaded the image to. I bet, hazarding a guess, that you do not have
a copy of the original unaltered image file so any altering of the
copy taken from Duende's site can still fall under copyright
infringement thoughts. None of the arguments you have presented have
made a difference as you have tried to apply too broad of
interpretations to those arguments.
I really don't understand why you are stomping your feet about it and
don't just do what Duende politely asked: cease using the image in
question. It is not an unreasonable request on his side and all the
attempts to argue the fact have only shared, in my opinion, that you
do not fully understand the laws you are tryignt o cite as part of
your defense ploy.
Sorry but I fail to see why you persist in dragging this out and just
making yourself look worse in the process.
Carol
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