Re: What to do about image theft
perennials@hort.net
  • Subject: Re: What to do about image theft
  • From: &* P* L* <lindsey@mallorn.com>
  • Date: Sat, 18 Jun 2011 15:32:43 -0400 (EDT)
----- Original Message -----
> 
> When doing a feature for Fine Gardening you sign a contract with them
> that all is original and belongs to you and then they are absolved
> of all blame if you are lying to them. No copyright as such. On
> photos the get rights to that photo for certain amount of time.

It's kind of similar with Dave's Garden.  The law now protects sites
that allow others to post, etc. because the site is considered to be
no more than a publishing medium.

It's why places like YouTube, etc. don't get sued when an illegal 
video is uploaded.

However, they had to register with the copyright office as an online
publisher and have to honor takedown notices.  In all actuality,
Dave's Garden probably won't do anything until they receive such
a notice because then they are editing the content too, so they
become a contributor to the information on that page and could be
liable for other copyright infringements.

For example, if someone sends me an email and asks me to take down
a post at hort.net I can't do it unless it's an 'official' notice,
because then I'm responsible for all content at hort.net.  I become
an editor instead of a publisher.

hort.net is also registered with the copyright office for this same
reason.

Dave's Garden registered in 2007:

   http://www.copyright.gov/onlinesp/agents/n/namemedi.pdf

Mallorn/hort.net registered in 1999:

   http://www.copyright.gov/onlinesp/agents/m/mallo.pdf

Dave's Garden has an interesting list of domain names that they own
on page two.  They own garden.com?

Chris

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