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Did a bit of investigation with a family friend lawyer. Bigish email...
-----Original Message-----
From: Matt Beaver [mailto:m.t.beaver@hotmail.com]
Sent: Tuesday, 29 May 2007 7:41 PM
To: ???
Subject: Law Stuff
Dear ???
Being a lawyer, I think you might be able to clear something up for me.
On a Western Force supporters website that I am a member of, one of the
other members has made a photo/painting arrangement involving pictures
and
paintings of Matt Giteau. (a copy of this photo is available here
http://i64.photobucket.com/albums/h1...Picture004.jpg) They are
now
selling this arrangement as an auction and all profit is going towards
the
non-profit website.
They announced the auction last week some time, and yesterday the member
who
made the paintings (Jess) received and e-mail from The Western Force:
Insert email received from Melanie Norton
Jess had released a previous copy of the painting, but used photos taken
by
Christian Sprogoe (a photographer hired by The Western Force) and he
raised
a huge fuss and threatened to sue the pants off her and the web site.
This time however, Jess used photos taken by her self, and you would
assume
Matt Giteau would have given permission when it was signed.
There are various items being sold on eBay with Matt Giteau's signature
on
as well. Are they in the wrong too?
Regards
Matt Beaver
Doesn't sound right to me if she did the painting from her own photo.
e.g If I did a painting of Paris Hilton or Ramsay to use a crazy
example, and sold them - I could not see that there would be a copyright
breach as it is a publicly available image.
I don't practise in Intellectual Property and for all I know there may
be relevant matters that I and you are simply unaware of.
In my view - and this is not an expressed legal opinion- her doing a
painting from a photograph done by a professional photographer would
have breached that photographers copyright and he had every right to
complain. That is because he has used his skill etc as a photographer
to create the photo.
If however - and this is my understanding and NOT a legal opinion - she
does a printing from her own photo or recollection - I do not think
that is a copyright breach. I may be wrong but that is my very limited
understanding.
Jessica may well find herself needing professional legal advice - which
is expensive in this area of the law as it is very specialised.
The firm of Teller Provan (Solicitors and Intellectual Property Lawyers)
at 414 Rokeby Road Subiaco are probably the best around.
It would be worth Jessica spending a couple of hundred dollars to get
competent legal advice on this discrete point and then she knows where
she stands.
<salutation> etc
Last edited by travelling_gerry; 30-05-07 at 19:56. Reason: legal stuff
I don;t think you need worry about it, but the copyright council offers free advice on such issues to artists (and publishers such as TWF) - copyright.org.au from memory. They'll even call you to discuss certain points.
Dear Lord, if you give us back Johnny Cash, we'll give you Justin Bieber.
Might be cool to check it out Lonz - I think Coach is right & there's probably nothing to worry about, but this way you might end up with something lawyer-ish and in writing, which you could then use whenever this sort of thing crops up.
Keeping the Faith ... right here in Perth!
yeah sounds like an idea ...![]()
"Believe in the best, think your best, study your best, have a goal for your best, never be satisfied with less than your best, try your best, and in the long run things will turn out for the best."
I've been thinking about this since TIF told me yesterday and after some thought I think we need to be very becareful people, don't send emails to RugbyWA while in an angry state - it is obvious there are different opinions within this website from some (it seems not all) people at RugbyWA and us (TWF).
Lets not let this escalate into something ugly where we don't get any support from RugbyWA in the future. They supported us for the quiz night and I'd hate to see that kind of support be cut off completely in the future.
Discussion of this in an open forum is obviously important because it is close to us as supporters of the Force, but if you are going to get legal advice and correspond with RugbyWA about it, then I think it would be best kept confidential until a resolution is made that both RugbyWA and Lonzy agree too.
We may not agree with the pretext of the letter, and yes eBay might be a specific example to contradict what Melanie has written to Lonzy about, but the truth is there is a lot of contention about this at all levels in all sports and not just Rugby.
Seriously, we were all wrapped our photo's appeared in the official program, and no we didn't expect a share of the $5 for each one they sold so I don't think it is a fair comparison.
A lot of people will be reading this so just becareful what you write down, we might find it comes back to bite us even if RugbyWA and/or Matt's management have no case.
Chuck Norris has the greatest Poker-Face of all time. He won the 1983 World Series of Poker, despite holding only a Joker, a Get out of Jail Free Monopoly card, a 2 of clubs, 7 of spades and a green #4 card from the game Uno.
Happy I agree - often it is easier for people to resolve stuff if they lift up a telephone and have a chat - I would have supposed that Lonzy is entitled to sell her artwork (and it is wonderful and she did tell him what she was up to ) - but don't want Matt Giteau / RugbyWa or TWF to be (or feel like) a loser and for events to superceed what is a fantastic piece of work and I would genuinly like to know what an agreed outcome from this - so that this sort of conflict does not occur again.
61 years between Grand SlamsWas the wait worth it - Ya betta baby
wooo! it almost at $400!![]()
"Believe in the best, think your best, study your best, have a goal for your best, never be satisfied with less than your best, try your best, and in the long run things will turn out for the best."
The work's infamy is obviously pushing its price up (and not undeservedly, of course!)
Success is not final, failure is not fatal:
it is the courage to continue that counts.
- Winston Churchill
do you think the publican would like to hang one of these up in his fine establishment?![]()
"Believe in the best, think your best, study your best, have a goal for your best, never be satisfied with less than your best, try your best, and in the long run things will turn out for the best."
ask him![]()
Chuck Norris has the greatest Poker-Face of all time. He won the 1983 World Series of Poker, despite holding only a Joker, a Get out of Jail Free Monopoly card, a 2 of clubs, 7 of spades and a green #4 card from the game Uno.
oooh just over one day left! this is gonna be a bargin!![]()
"Believe in the best, think your best, study your best, have a goal for your best, never be satisfied with less than your best, try your best, and in the long run things will turn out for the best."
what's it at at the moment?
I made Happy sad...
That is a bargain![]()
I made Happy sad...