Old 04-12-2011, 07:29 PM   #26
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They are about as Canadian as the governor of California, anyway.
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Old 04-12-2011, 08:55 PM   #27
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It certainly looks like someone swiped the photo. But CN may not be the guilty party.

The booklet may have been created by an outside agency, and CN may be unaware that a copyright violation has occurred.

I suggest contacting CN's public affairs department with your information. They should be able to either refer you to the offending third party, or to CN's legal department.
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Old 04-13-2011, 12:06 AM   #28
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The booklet may have been created by an outside agency, and CN may be unaware that a copyright violation has occurred.
Then all parties involved would be liable.

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Old 04-13-2011, 12:11 AM   #29
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Double payday. Think of 2 pieces of equipment you want...

Or tell them you want one of their SD40's they are cutting up delivered to your backyard
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Old 04-13-2011, 12:16 AM   #30
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(Deleting post)

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Old 04-13-2011, 12:33 AM   #31
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I think HG and Troy are more in line with this thing than some of the other guys. My first reaction was to tell Bill to decide which new lens he wanted.
I was thinking more along the lines of what would be a fair price for an easily reproducible photo of nothing but the engine itself but didn't take into consideration that, as an American, we are entitled to significant dollar amounts, as well damages, not to mention the pain, suffering and undue stress you will have to endure,. Go for it! It would be un-American to do otherwise.

/Mitch
(Note, I'm not suggesting you let them off the hook. It's up to you to decide what you think is fair (both in payment for usage and penalty for theft), vrs what the American judicial system will allow you as a lowly citizen to sue the evil giant malevolent and rich corporation we all know as CN and it's advertising agency).
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Old 04-13-2011, 04:47 AM   #32
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/Mitch
(Note, I'm not suggesting you let them off the hook. It's up to you to decide what you think is fair (both in payment for usage and penalty for theft), vrs what the American judicial system will allow you as a lowly citizen to sue the evil giant malevolent and rich corporation we all know as CN and it's advertising agency).
The evil giant has no qualms about suing the lowly citizen.

Remember Napster and the RIAA?

Figure what is good for the goose, is good for the gander.


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It certainly looks like someone swiped the photo. But CN may not be the guilty party.
It was done for CN's benefit and they are what is called the publisher, or re-publisher and therefore they are jointly and severablly liable for any and all infringements no matter how it happened.

You sue everyone, and always go for the deepest pockets.

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Old 04-13-2011, 06:16 AM   #33
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With my own copyright infringement case, I hadled it myself. No lawyers involved on either side. I was somewhat lucky in that 1.) the offending party realized they had wronged me and 2.) when I called the public relations person at the advertiser whose company was on my photo without their knowledge, she must have called the right people and got the ball rolling when my initial price was rebuffed.

Bill is on solid ground here.
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Old 04-13-2011, 06:26 AM   #34
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The evil giant has no qualms about suing the lowly citizen.

Remember Napster and the RIAA?
Let's see: Let's say you go out and take a bunch of pictures and then list them on I-Stock, Shutter Stock, and Getty Images for sale at a fair price. Then someone like Napster comes along and offers your images via the hard drives of Internet users from around the globe for free. Seems fair to me... (not).


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You sue everyone, and always go for the deepest pockets.
The American way! I guess I'm from another bygone era...

/Mitch
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Old 04-13-2011, 06:29 AM   #35
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Oh, crap - I just spilled coffee on my lap! Damn lid wasn't fastened properly. Upon closer inspection, the lid appears to be faulty as well... It really hurt like hell for a few seconds.

SOMEONE GET ME A LAWYER!

/Mitch
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Old 04-13-2011, 07:16 AM   #36
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Oh, crap - I just spilled coffee on my lap! Damn lid wasn't fastened properly. Upon closer inspection, the lid appears to be faulty as well... It really hurt like hell for a few seconds.

SOMEONE GET ME A LAWYER!

/Mitch
That has been done, which is why you can't get hot coffee anywhere in California at a take out.

It was a drive though at McDonalds that the case came from.

Women spilled hot coffee on her lap and be came sterile or something.
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Old 04-13-2011, 08:44 AM   #37
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Just thinking, Can they come back on you saying you're trespassing? If so may be best to think hard over a lawsuit?
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Old 04-13-2011, 11:17 AM   #38
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Just thinking, Can they come back on you saying you're trespassing? If so may be best to think hard over a lawsuit?
No way.....
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Old 04-13-2011, 11:41 AM   #39
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Mitch;

Why are you against someone who has been wronged geting what he deserves? We're not talking about a frivolous lawsuit here, but rather someone who has had their property stolen. A better comparison than spilled coffee would be someone having their car stolen.
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Old 04-13-2011, 11:48 AM   #40
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Oh, crap - I just spilled coffee on my lap! Damn lid wasn't fastened properly. Upon closer inspection, the lid appears to be faulty as well... It really hurt like hell for a few seconds.

SOMEONE GET ME A LAWYER!

/Mitch
Yeah, because that situation closely resemble Bill's case.

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Old 04-13-2011, 12:24 PM   #41
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No way.....
Well you know their lawyers will twist it there way to get someone to back down, From the original photo he is or very close to the train. If I can see that why can they? Ether way It maybe hard to legally prove its his photo? without showing and proving how he did it.
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Old 04-13-2011, 05:28 PM   #42
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Scott people that have been electrocuted on top of Amtrak trains while tresspassing have sued in court and won. I think Bill is fine.
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I personally have had a problem with those trying to tell us to turn railroad photography into an "art form." It's fine for them to do so, I welcome it in fact, but what I do have a problem with is that the practitioners of the more "arty" shots, I have found, tend to look down their nose's at others who are shooting more "mundane" shots.
Railroad photography is what you make of it, but one way is not "better" than another, IMHO. Unless you have a pole right thought the nose of the engine! -SG
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Old 04-13-2011, 06:35 PM   #43
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Mitch;

Why are you against someone who has been wronged geting what he deserves?

Quote:
Originally Posted by Mgoldman View Post
(Note, I'm not suggesting you let them off the hook. It's up to you to decide what you think is fair (both in payment for usage and penalty for theft), vrs what the American judicial system will allow you as a lowly citizen to sue the evil giant malevolent and rich corporation we all know as CN and it's advertising agency).
Joe - I'm not against it at all, in fact I endorse the idea of going after what he deserves, and perhaps more to prevent this kind of thing from happening.

/Mitch
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Old 04-13-2011, 06:50 PM   #44
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To me the dirt on the plow looks completely different. Could be photoshop. I think it may be two different photos. The shadows on the rail look slightly different also. Common angle to shoot, so it is very possible it is not the same photo. Just playing the other side.

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Old 04-13-2011, 07:06 PM   #45
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If he's wrong, he's wrong. I am sure whomever shot it could produce the original unedited raw/jpeg to disprove our theories. In which case, no harm, no foul...

Remember, in civil court, you are guilty until proven innocent.
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Old 04-14-2011, 12:10 AM   #46
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The recipient has received your message and contact information, and will be responding as soon as possible......
So we shall see, thanks for all the advice guys

BTW I see it says on the RP photo usage policy that "All photos on this website are licensed to RailPictures.Net." what does that mean? would RP have an issue also with the unauthorized use?

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Old 04-14-2011, 12:48 AM   #47
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Because I'm bored and stuck at the office for a few more hours, I took your photo, resized it to the appropriate size on the CN document and put it on the top of it. It was a complete match, completely the same size and completely the same angle. The attached image has four shots with the opacity ranging from light to dark.
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File Type: jpg cnCopyright.jpg (519.1 KB, 193 views)
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Old 04-14-2011, 12:50 AM   #48
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On closer inspection it still seems like the same photo, the op says there is no No.626 and the numbers have been changed, looking at the cabside No. on the original you can make out 666 and the reporting id, on the booklet however there is no cabside No. or reporting id. Why would they be erased if the shot was genuine?
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Old 04-14-2011, 12:55 AM   #49
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Notice how on CN's booklet, the stripping of the trailing engine was not photoshopped off from between the rear handrails on the lead engine.
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Old 04-14-2011, 01:27 AM   #50
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Quote:
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Because I'm bored and stuck at the office for a few more hours, I took your photo, resized it to the appropriate size on the CN document and put it on the top of it. It was a complete match, completely the same size and completely the same angle. The attached image has four shots with the opacity ranging from light to dark.
Hey thanks Christopher, I can use that if they question it..glad you were bored
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