Copyright Infringement?

[DarrenToogood]

Hello there,

I recieved an email today, stating that I am in breach in Copyright laws, due to my website www.brightwightimages.com. I got an email from the developers of FlashDen, stating the following:


Dear Sir/Madam,

FLASHDEN PTY. LIMITED [ACN 119 159 741], having offices at 2 Henry St, Ashfield, NSW 2131, Australia ("FlashDen") is contacting you regarding your infringement of the copyright associated with the content of the website: www.flashden.net (http://www.flashden.net/) ("site").

It has come to our attention, that your site, http://brightwightimages.com (http://brightwightimages.com/) , is distributing copyrighted digital files ("assets") from the site. The original FlashDen source link for the known violating case is: http://flashden.net/item/md-gallery/5059

Copyright in this site is owned or licensed by us or by our members. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Commonwealth) and similar legislation which applies in your location, you may not in any form or by any means: adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this site; or commercialise any information, products or services obtained
from any part of this site; without our written permission.

FlashDen considers the infringement of the valuable FlashDen assets extremely seriously and is considering legal action. We insist on the following:

(1) You immediately discontinue selling, trading or sharing FlashDen assets.

(2) You provide us, within ten (10) days of the date of this letter, with written assurances that you have stopped selling, trading or sharing FlashDen assets.

(3) You shall not in the future attempt to sell, trade or share FlashDen assets.

Please contact us if you have any queries or require further clarification.

Kind regards




I am a little confused to how I am selling FlashDen products? I am only clearly displaying/selling my own photographic images. Please could you guys confirm I am in the right here?


Darren

[Jamieb]

Thats confused me aswell:S

[Mr.Sam]

reply asking for specific details



Please contact us if you have any queries or require further clarification.

[Nick.]

Reply...

Hi there,

Please could explain in more detail the areas in which I am infringing your companies copyright? MY website is selling only images that I own, it is for my photographic company. I am by no means selling your FlashDen script.

I look forward to your reply
Darren Toogood
BTW: Could that other dude from PWP have sent them an email claiming this?

[Stepheen]

It's because you did not purchase the template thing and you've put your own copyright on it. Therefore you are not in the right, I don't think.

[DarrenToogood]

The script is free, and I have my copyright on it in regards to my images. I do not think that is the problem, as it seems that they think I am selling their products?

I believe it could have been PWP emailing them claiming this :(

[Nick.]

The script is free, and I have my copyright on it in regards to my images. I do not think that is the problem, as it seems that they think I am selling their products?

I believe it could have been PWP emailing them claiming this :(
Reply...


Hi there,

Please could explain in more detail the areas in which I am infringing your companies copyright? MY website is selling only images that I own, it is for my photographic company. I am by no means selling your FlashDen script.

I look forward to your reply
Darren Toogood

[Funya Chin]

You've copyrighted the whole site as yours and nowhere on your site does it say what scripts you have used (nor in the source) therefore they have a case ;)

[DarrenToogood]

It does not have to, I do not believe :S?

[Funya Chin]

Well that's the only thing I can think of.

[NN-Dom]

If it was opensource (GPL licence) then you must provide a linkback, though i dont see how you are selling their products.

[DarrenToogood]

Ok, I now know the problem.

I have been informed that the website is a PAID script, and the copy that Josh Harris gave me, was infact an illegal copy. The website has now been taken offline, and a new website is being worked on tomorrow.

[Mr.Sam]

Unlucky :(

[Funya Chin]

Ok, I now know the problem.

I have been informed that the website is a PAID script, and the copy that Josh Harris gave me, was infact an illegal copy. The website has now been taken offline, and a new website is being worked on tomorrow.
Didn't we try and tell you this when your site opened?

[DarrenToogood]

You did not say it was a paid script.

I have now got the site offline and a new website being built next week.


http://brightwightimages.com/

[Funya Chin]

We told you that you didn't make it, nor that Harris guy.

[DarrenToogood]

Indeed, however I was assured it was a free script.

[Funya Chin]

By a guy who backstabbed you?

Man, you must be very trustworthy.

[cocaine]

unlucky, the site was really really nice :) I want a site for my photos haha.

[Protege]

Got to say that flash thing was quite sexy :o Unlucky mate.

[Agnostic Bear]

You should just buy it, it's only £15, if you're selling your photos I'm pretty sure it's not really gonna make a difference, and it will look really nice.

In face, seeming as PWP is being a real ***** to you, I may whip up something for you in the near future.

[Hayd93]

You should just buy it, it's only £15, if you're selling your photos I'm pretty sure it's not really gonna make a difference, and it will look really nice.

In face, seeming as PWP is being a real ***** to you, I may whip up something for you in the near future.
Right this josh harris guy now is at pwp right ? and they use the same script you use darren. So is theres a illigal version as well ?

[MrPinkPanther]

You did not say it was a paid script.

I have now got the site offline and a new website being built next week.


http://brightwightimages.com/
Yes we did. You were linked to the site where to buy it ''/. I tried to find the post but it seems your first thread has been deleted.

[Meti]

Hmm. Confusing. It's maybe the script. You maybe have to have link in footer.

[Excellent]

Hmm. Confusing. It's maybe the script. You maybe have to have link in footer.Did you not bother to read the posts? The script is a premium script, darrens ex business partner gave him an illegal version of the script (nulled) therefore darren cannot use it legally without purchasing it for £15.00

Oh btw, report pwp back ;) Also state they gave you the illegal version.

[Source]

Excellent respond when you know what your talking about. If it did have any tracebacks they were clearly not removed and I find it hard to believe a Flash Script can be 'Nulled' as that generally only applies to PHP/Server side Scripts which require a valid license to use it.

Unlucky Darren, but just buy it. It was good for what needed it for.

[Calon]

£15 is nothing, just buy it.

[Excellent]

Excellent respond when you know what your talking about. If it did have any tracebacks they were clearly not removed and I find it hard to believe a Flash Script can be 'Nulled' as that generally only applies to PHP/Server side Scripts which require a valid license to use it.

Unlucky Darren, but just buy it. It was good for what needed it for.I knew what I was talking about sonny, meti replied with something that was said on the first page about copyright in the footer but if you both had read through the entire thread Darren found out the script is a premium script so the footer doesn't matter, got that or do you need it in bigger letters Source?

[Source]

Excuse me, do you even know what nulling is. Now tell me without using your best friend google or licking caleb. It seems that you don't because I was saying it seems the site was reported rather than the script reporting itself (ie pinging/tracebacking or whatever its called to the main FlashDen server)...

[Invent]

Darren, I/we did tell you it was a paid script :P

[[Oli]]

Totally off topic sorry, but i dont think you'll be getting alot of emails when that mailto link on ur site mails to this:

[email protected]

ciontact ? shouldnt it be contact :P
anyway, thought you should know


good luck

[DarrenToogood]

I am not going to buy that script. I have been offered by a local web developer a custom made website, for free, with the chance of working with him on a new local project - this is yet to be revealed.

A new website should be up asap, and I have edited the email address now.

[Tarantula]

For your information, person that said to report us... In fact, we have the license for the script and was paid for by a friend of Josh Harris, Josh uploaded the illegal version after Darren was hacked. :)
We are using a fully legal version of this script.
Nice try.
& Darren, silly boy emailing iow.co.uk.

Pure Wight are currently supplying images to us after we asked for
permission to use images from their flickr collection and have said that
they will supply images on any issue/location we require from the Island.

We are happy with this arrangement and things are only likely to change
(i.e. we remove them from our site and stop using their services) when a
photographer takes out and pays for a advertisement for 12 months.
Pathetic. EPIC FAIL.

Haha.

[DarrenToogood]

I have emailed them, because they are clearly not wearing glasses if they believe your images are of a quality to be using on a tourism website?

I have offered my more professional and high quality services, as I am sure people will agree.

[Source]

For your information, person that said to report us... In fact, we have the license for the script and was paid for by a friend of Josh Harris, Josh uploaded the illegal version after Darren was hacked. :)
We are using a fully legal version of this script.
Nice try.
& Darren, silly boy emailing iow.co.uk.

Pathetic. EPIC FAIL.

Haha.

#1 we know your seriously bad at photography, so don't comment about darrens when yours is abysmal photography.

#2 You have just publicly announced that someone uploaded an illegal version proving it was not Darren's fault meaning that all the blame now rest of your partner.

Consider continuing this thread when you actually mature and start acting like a professional, of which Darren has. If Darren would so kindly forward on the email address of this company at hand I will gladly email them discussing your partners behavior with illegal objects and copyright infringement.

[MrPinkPanther]

I have emailed them, because they are clearly not wearing glasses if they believe your images are of a quality to be using on a tourism website?

I have offered my more professional and high quality services, as I am sure people will agree.
Maybe your photos are better, I havent seen theirs. But thats still pretty low to do that.

[Invent]

I have emailed them, because they are clearly not wearing glasses if they believe your images are of a quality to be using on a tourism website?

I have offered my more professional and high quality services, as I am sure people will agree.

Most of the respect that I've had for you after the past few weeks has just dissapeared.

[MrPinkPanther]

Most of the respect that I've had for you after the past few weeks has just dissapeared.
Exactly, you dont say 'I'm great' or you sound like a prat. Its not your opinion of your photos that matters its other peoples.

[DarrenToogood]

I am seriously pissed about them being able to rope in these clients, and half the time they are lieing.


Over the coming months they also have clients lined up including;

Bestival 2008 in September, sle of Wight Garlic Festival in August and he Isle of Wight Festival in June 2009.Bestival - going as a member of the public
Garlic Festival - going as a member of the public
Festival - It is around a year away, and they don't give out passes to teenagers



Since Pure Wight Photography started up they have been official photographers events such as the Goodwood Festival of Speed 2008,
London Motor Show 2008 and the Skandia Cowes Week 2008.
You have not been official photographers at any of these events. Josh went to goodwood as a member of the public, and the Motor Show, o and I was working with the official photographers for Skandia Cowes Week, so you have 100% lied there.


Seems like you have lied to this IOW.CO.UK maybe?


EDIT: After speaking with iow.co.uk, we have some to an agreement and I will be shortly this out


You certainly do take some nice pictures.

I will ask you both supply 10 pictures 600x200 to help us determine who to use as the official photographer of iow.co.uk

[MrPinkPanther]

I am seriously pissed about them being able to rope in these clients, and half the time they are lieing.



Bestival - going as a member of the public
Garlic Festival - going as a member of the public
Festival - It is around a year away, and they don't give out passes to teenagers




You have not been official photographers at any of these events. Josh went to goodwood as a member of the public, and the Motor Show, o and I was working with the official photographers for Skandia Cowes Week, so you have 100% lied there.

Seems like you have lied to this IOW.CO.UK?
Leave it, they will get found out eventually if they are lieing. Anyway how can you be certain they are going as members of the public to those events?

[DarrenToogood]

I know for fact that:

Festival of Speed - Not official photographers, therefore public
Motor Show - Not official photographers, therefore public
Cowes Week - Not official photographers, therefore public (I was with official ones!)
Bestival - Not official photographers, therefore public (getting in for free due to family)
Garlic Festival - He COULD be, I will confirm this Monday
Festival - They do not give out media passes a year in advance, 2 months after last fes?

[Hypertext]

I'm torn. PWP are being complete 'tards.

Darren is soaking up way too much of 'some people are on his side now...'

Darren, I've been with you for a while, but don't get cocky or ott ego-wise... comon guys, it's a big enough island for two teen photography companies, you can share...?

[jwm123]

Most of the respect that I've had for you after the past few weeks has just dissapeared.

+1 to that, he's basicly trying to steal PWP's business. I laugh because he says PWP are stealing work from him when he openly admits he is doing it.

Looks like theres 1 rulebook for some and another rulebook for others! Maybe Darren doesn't get that people just want to take photos and gain experience rather than being in competition!!

[DarrenToogood]

PWP may want to take photos and gain experience, however do not go approaching big websites with rubbish images.

I have only just started, this summer, doing work for clients. I waited, got some good images and a good portfolio - not out of focus flowers!

[MrPinkPanther]

PWP may want to take photos and gain experience, however do not go approaching big websites with rubbish images.

I have only just started, this summer, doing work for clients. I waited, got some good images and a good portfolio - not out of focus flowers!
That is your opinion, by many peoples standards your photos may be considered 'rubbish'. What is the link to their portfolio anyway.

[iTech]

That is your opinion, by many peoples standards your photos may be considered 'rubbish'. What is the link to their portfolio anyway.

Oh shut up please.
You only comment badly about Darren because you wish to be him and you can't.

[MrPinkPanther]

Oh shut up please.
You only comment badly about Darren because you wish to be him and you can't.
No because I'm honest. His photos are really good, especially considering his age but he isnt a professional photographer yet. I don't like the way he acts either, like he knows best about every little thing. Everyone knows its wrong to steal clients from others and its wrong to say your work is better than others because it all comes down to preference. Just because Darren is in 'Favour' at the moment with most people it doesnt mean I'm going to be any less honest.

[IDontKnow]

Darren, Darren, Darren,

You do like kicking up a fuss. You are one young photographer who thinks he's IT, just because you get invited to some stupid Garlick Festival does not make you the best photographer in the world.

You have your opinions, great, keep them to yourself and please, stop trying to make a statement all the time. There's you and there's millions of other photographers out there.

You say you copyright your images? So I am no longer allowed to go and take a picture of a plant in the stance as your own pictures? Copyright costs money, and if you don't even want to buy a £15.00 script I highly doubt that you pay for copyright.

[Funya Chin]

Darren - stop being arrogant. Just because the other guy got a deal with iow you have to go and take that from him? I'm surprised this other guy hasn't hit you already because that's just not on - you need putting in your place.

[Nick.]

Darren, Darren, Darren,

You do like kicking up a fuss. You are one young photographer who thinks he's IT, just because you get invited to some stupid Garlick Festival does not make you the best photographer in the world.

You have your opinions, great, keep them to yourself and please, stop trying to make a statement all the time. There's you and there's millions of other photographers out there.

You say you copyright your images? So I am no longer allowed to go and take a picture of a plant in the stance as your own pictures? Copyright costs money, and if you don't even want to buy a £15.00 script I highly doubt that you pay for copyright.
AAMOF, basic copyright protection is free in the UK. Anything you create/take a picture of/code ect. is covered by copyright laws as long as you have proof you made it. :)

[IDontKnow]

Darren - stop being arrogant. Just because the other guy got a deal with iow you have to go and take that from him? I'm surprised this other guy hasn't hit you already because that's just not on - you need putting in your place.

Exactly. It's just slightly pathetic, childish and shows how immature you really are.

[DarrenToogood]

I have taken it from him, because he shouldn't have it in the first place ;)

[Funya Chin]

No, he should because he approached them first you arrogant ****.

[DarrenToogood]

No, because his images are total crap and I am thinking on behalf of the company/client?

I am sure people will see mypoint of view. I am just being very direct about it, as I am very pissed off, as you can imagine.

[MrPinkPanther]

No, because his images are total crap and I am thinking on behalf of the company/client?
Firstly that is your opinion and you obviously are thinking about your portfolio rather than the company. What is the link to his portfolio anyway?

[Recursion]

This thread should be closed IMO

[DarrenToogood]

www.purewight.org

Now you tell me they are good images, and the quality to cover events and work for people?

[Agnostic Bear]

No, because his images are total crap and I am thinking on behalf of the company/client?

I am sure people will see mypoint of view. I am just being very direct about it, as I am very pissed off, as you can imagine.

I agree with this post. I agree less than 100% but more than 90%.

[Source]

With a bit of post-processing some of those could look... good.

[Excellent]

Are you not going to report them to the company who owns that script as they did to you?

[Source]

I think he should because I believe they are bluffing about having a legal version to be honest...

[MrPinkPanther]

www.purewight.org (http://www.purewight.org)

Now you tell me they are good images, and the quality to cover events and work for people?
I actually prefer most of those to yours. Some look dodgey such as the first 2 pictures of the events page but some are extremely professional in my opinion. Such as the cloud, eagle, taxi, sun etc

[DarrenToogood]

Then are you as strange as they are :S?

They are awful pictures!

[Funya Chin]

www.purewight.org (http://www.purewight.org)

Now you tell me they are good images, and the quality to cover events and work for people?
Maybe not, but you don't go stealing someone's business you turnip.

I like his automotive ones better than yours.

[MrPinkPanther]

Id say your nature is about the same, your events are better but he only shows pictures from one event, his automotive and his 'other' is a lot better though in my opinion.

[sgraham]

Hi,

It is clear that you both share one thing in common. Arrogance, you both have good and bad pictures, and that is trademark of a professional photographer. But what is not, is your complete disregard for public relations.

You are competitors and you are therefore expected to go out of your way to steal each other's customers, but in a professional manor. You have missed out the last part of that statement and you have publicized this child-like attitude to business, which is appalling and unacceptable.

Unless you learn how to get over yourselves, and remember it's just business, you will never reach your goals.

My two cents.

[Tomm]

As posted above its not really good business to go around shouting about how, apparently, crap your competitors are in a public and outspoken manor. Personally if I was looking to hire a photographer I would not hire either of you based on your display on this forum, regardless of how good or not good your images are.

[today]

I actually like some of his pictures now i've viewed them all. (The PWP)

[iow.co.uk]

Well, I had no idea a simple request would cause so much hassle :rolleyes:

To set the record straight, I took the polite approach and emailed Pure Wight to see if I could use some of their images on my site that I had seen on flickr.com, they kindly agreed and I offered an advert on my site as way of a thank you.

Nice and simple.

Now I see all this childish banter going on about who is better and this and who is better at that.

Im not one for playing games im afraid, therefore I will not be using either Pure Wight or Bright Wight images on my site and will not be recommending either to visitors to my site.

Thanks

[Pazza]

Well, I had no idea a simple request would cause so much hassle :rolleyes:

To set the record straight, I took the polite approach and emailed Pure Wight to see if I could use some of their images on my site that I had seen on flickr.com, they kindly agreed and I offered an advert on my site as way of a thank you.

Nice and simple.

Now I see all this childish banter going on about who is better and this and who is better at that.

Im not one for playing games im afraid, therefore I will not be using either Pure Wight or Bright Wight images on my site and will not be recommending either to visitors to my site.

Thanks

Okay.

Are you sure u r iow?

[DarrenToogood]

I don't think a grown man would come onto a habboxforum to discuss business with teenagers?

[iow.co.uk]

I ask both of you to email the address you have for me if you wish to determine just who I am.

That is the end of the subject as far as I am concerned.