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Theft of Website Material

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»[Help] Image Used Commercially Without Permission

Thanks-I'll mosey over to the imaging section.

reply to Bye
Well, the picture of the surfer on your webpage is a picture from BodyGlove.com, so it looks like that would be a copyright violation on your behalf, unless you are giving rights of the copyright holder in your credits.
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I threw out the map a long time ago. Now I follow my own direction!

Sorry, but there is no "careful" about what I am stating, due to the photo does appear to be the same shot that Bodyglove.com has. Also, when using images, unless you have it declared in the Website (Fair Use) statement, and actually have the proof that you personally took the photos (exif info, other like photos that no one has access to that only you have access to (ie not online), it will be hard to prove that the other person did not take the information for "Fair Use".

Now, looking over the article, I did not seen any disclaimer stating where they came from, or same from your website (ie no information for the article writer, or credits to the photographer), a court will side for who has the most money.

For your reading on "Fair Use Copyrights":
»www.copyright.gov/fls/fl102.html
»fairuse.stanford.edu/Copyright_a···9-b.html
B. Measuring Fair Use: The Four Factors
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Unfortunately, the only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court. Judges use four factors in resolving fair use disputes, which are discussed in detail below. It's important to understand that these factors are only guidelines and the courts are free to adapt them to particular situations on a case-by-case basis. In other words, a judge has a great deal of freedom when making a fair use determination and the outcome in any given case can be hard to predict.

The four factors judges consider are:

the purpose and character of your use
the nature of the copyrighted work
the amount and substantiality of the portion taken, and
the effect of the use upon the potential market.

And btw, I spent enough time studying Business Law for my B.S. degree. Also, another question is, when did you actually put the product up on your website? I am finding sites that date well back in Oct. 2006, before any of us knew about your product. Doing a quick search, I happened to come across this »www.kayaksportfishing.com/equipm···well.htm

reply to Bye
You might find some kind of related material as to how to go about handling this issue on the Plagiarism Today site. Personally, if I were you, I would contact a copyright atty who handles this sort of matter in the blog copyright infringement arena.

reply to Bye
Call them at 877-583-3275 or send a
DMCA takedown notice to:

Visual Solutions Group d/b/a FLORIDASERVER.COM
PO Box 770156
Coral Springs, WV 33077-0156

See examples of take down notices here:
»www.chillingeffects.org/copyrigh···artat=10