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Help! Catholic.Org Illegally selling my Images - Need Lawyer

 
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brownjul



Joined: 09 Jul 2006
Posts: 315
Location: Oxnard, CA

PostPosted: Sat Dec 01, 2007 5:17 pm    Post subject: Help! Catholic.Org Illegally selling my Images - Need Lawyer Reply with quote

Months ago I told my friends on this board that Catholic.org were selling my images without paying me. Repeatedly,I ask them to take them off. They ignored the letter, emails, phone calls.

My husband who is a United Airline Pilot told me that they now have lowered the price of my images to 99 cents (whereas the high resolution images I have sold for 4.95 to continue hiring college students to scanning my collection and pay for the website cost which I teach one extra class a semester to do).

Now, I need a good Catholic lawyer to hire to help me. Please let me know if you have one via email. I don't care if I have to borrow the money this injustice by those who call themselves Catholic is HORRIFIC...

Thank you.

Julie Ann Brown
www.holycards.com
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PostPosted: Sat Dec 01, 2007 5:17 pm    Post subject: Advertisement

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brownjul



Joined: 09 Jul 2006
Posts: 315
Location: Oxnard, CA

PostPosted: Sat Dec 01, 2007 7:20 pm    Post subject: The "just" fight will begin...Thank you for your p Reply with quote

Well...since I just posted a little while ago...I received full financial support to get a lawyer from my husband!

Your prayers and thoughts upon reading my initial post have made the difference in my now declared fight for justice (I am certain Padre Pio and Saint Philomena were advocates with Our Lord and Our Lady during this same time. My friend Judy's prayers to them on my behalf were indeed, heard.) My husband who was mad at me for every agreeing to do any business with the owner of Catholic org (he met him and said he did not think I should do it and that I should be more realistic and less idealistic) now said he is going to take action and they friend who gave me advice who were lawyers, he will thank...but now he will find one and financially "take care" of it for me. He said he has to do this for me because to sell the images below what I sell them for is obviously Michael Galloway (owner of Catholic org and who I made the agreement with and who he met) wants obviously, to destroy my little website with "intention" by selling the images for less than I can (which means I cannot cover my monthly costs without teaching an extra class)..So he cannot in "good conscience" not be, "my knight."

I will keep you posted.

Any good lawyers...send me their names and my beloved husband Paul will contact them...He is a former Air Force Test Pilot who flew F-16's... With God on our side and our families..We will fight "just" battles...

Julie Ann
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brownjul



Joined: 09 Jul 2006
Posts: 315
Location: Oxnard, CA

PostPosted: Sun Dec 02, 2007 7:24 pm    Post subject: I cannot believe Catholics can do this to each other Reply with quote

Den of thieves ... Do they still exist?

How can any business who says that they are "Catholic Online" do this to their souls?

Don't they realize that they must face Our Lord and Our Lady? I grieve for their souls...But my heart does hurt...




Catholic Online Selling My Images:

https://www.catholic.org/colimages/index.php?pageId=100&id=266&start=0&lightbox=&search_mode=

My website Selling My Images:

http://www.archivalart.com/lightbox/index.php?pageId=100&id=1642&start=0&lightbox_page=&search_mode=
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Michael Solimanto



Joined: 07 Aug 2005
Posts: 1723

PostPosted: Sun Dec 02, 2007 8:02 pm    Post subject: Reply with quote

Why don't you watermark your's as well? That's how he stole them.
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jbtrads



Joined: 21 Jul 2005
Posts: 79

PostPosted: Sun Dec 02, 2007 8:21 pm    Post subject: Need Traditional Catholic Lawyer Reply with quote

I am a traditional Catholic attorney, but I practice in Michigan. Moreover, the subject of your contemplated lawsuit is entirely outside of my practice areas, which are primarily estate planning and bankruptcy. I can send you a list of some Catholic attorneys I know who are practicing in CA privately.

I am concerned that these images may not be yours in a fashion that will be recognized under law. Nonetheless, you should speak with an attorney to evaluate your case. Before giving a retainer, I would suggest that you make sure that you understand the specific legal theories that will be pursued on your behalf. There are too many attorneys who will take money from people who are upset about something. You shouldn't have that problem if you end up finding a genuinely Catholic attorney, but there are not so many of those around.

God bless,

Jerry Bartholomew
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Contra Hostes Tuos



Joined: 05 May 2007
Posts: 60

PostPosted: Mon Dec 03, 2007 10:56 am    Post subject: copyright issues-public domain ? Reply with quote

I am more familiar with copyright issues regarding professional images taken by Professional Photographers, and I know in my studio I am completely legally covered for images I make for a client. Low-res or hi-res- prints are all copyrighted. Does fraud exist ? Yes, do people scan and illegally use my images ? Yes. Do some get caught ? Yes, but most don't. Is it wrong? Of course it's stealing. However when a Walgreens or Kinkos gets nailed for illegally copying professional studios images they do have several thousand dollars in fines to pay to Professional Photographers of America.

But I wondered if this article would help you. Since you are not the original artist/ maker of the artwork, I wonder if you are covered? It will be interesting to see how this works out.



Monash University >
Public Domain - Duration of Copyright
Type of Material Period of Protection
published literary works
published dramatic works
published musical works (written music)
artistic works (except photos taken before May 1969)

70 years after creator’s death

photos taken before May 1969
70 years after photo was made

all works where the author died before 1 January 1955
No longer protected by copyright. Work is in the public domain

engravings that are unpublished at time of author’s death
70 years after engraving was first published

published editions
25 years after edition was first published

sound recordings made before 1 May 1969
70 years after recording is first made

sound recordings made after 1 May 1969
70 years after recording is first published

cinematograph films
70 years after film is first published

television and sound broadcasts made before 1 May 1969
Not protected

television and sound broadcasts made on or after 1 May 1969
50 years after material is first broadcast

anonymous and pseudonymous works
70 years after work is first published

works made by more than one person (i.e. joint authors)
70 years after death of last remaining author

moral rights of authors/creators
70 years after death of author/creator

performers’ rights


performers' moral rights
- the right of attribution and false attribution - the right of integrity
20 years after the performance is given

70 years after the date of publication of the sound recording
For the life of the performer

Unpublished works
literary works
dramatic works
musical works (musical notation as written in sheet music)
all of which have not been published, performed in public, broadcast, and the records of which have not been sold to the public within the lifetime of the author


70 years after first publication, public performance, broadcast or sale of record





when Commonwealth or State owns the copyright (crown copyright)
literary works
dramatic works
artistic works
musical works
sound recordings
films
50 years after material was first published except artistic works which last 50 years from when the artistic work was first created. Unpublished works remain protected.


Send inquiries to the university's Copyright Advisor
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brownjul



Joined: 09 Jul 2006
Posts: 315
Location: Oxnard, CA

PostPosted: Mon Dec 03, 2007 12:26 pm    Post subject: Legal Requirements For MY "digital" media Reply with quote

Thank you everyone for your posts. My husband Paul and I went through all my old emails from Catholic.org and the agreement/contract, letters and we are preparing to contact at least one of the names of Southern California attorney's that several of you so graciously sent me.

Anyway, approximately 10 years ago a student who had a parent who was a lawyer helped to create the legal document for my website.

Below you will find two links to the legal agreement I have been using to cover the "digital media" that I created and is sold by COL.

You will first see the agreement below that catholic.org uses.
Then you will see my agreemment from my website.

You can actually go to www.archive.org and see how long I have had a web presence.

I made and sold CD's outside of Mass and gave the proceeds to my daughters school before going on live 12 years ago.

The agreement on both websites have my name, contact information, etc. It was to make certain users new their rights and that others would not illegally sell my digitized media.

It shows that I own it and I am responsible for copyright questions. Yes, I responsible...which is correct... I am the person who has the 75 and older original ephemera and paid to have it scanned..they do not own the "digitial jpg's" I do. They are just collecting the proceeds of every sale. I lowered the price with a promo code today so at least people have a choice to purcase for a lesser price.

I will keep my Holy Catholic friends notified. God will transform all of this to His will. My husband is now supporting me...Which to me is the greatest blessing of all... Julie Ann


Catholic Online:
https://www.catholic.org/colimages/tos.php

My Website:
http://www.archivalart.com/legal.shtml
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Claud



Joined: 26 Jun 2007
Posts: 74

PostPosted: Mon Dec 03, 2007 4:16 pm    Post subject: Reply with quote

Hi Julie,

First of all, let me say right at the beginning I am NOT an attorney. I just have publishing experience and have been reading about copyright law for a while, particularly as it relates to the public domain.

I can't comment on whatever agreement this person signed with you. But as to who "owns" the images...this as far as I know--and again, I'm not a lawyer--is a tricky area of the law. Once images are in the public doman...which I'm guessing these are...they are freely usable. The time you took to scan the images, while that is your hard work, he may still be within the law in using and reselling your scans. The reason is that one court at least has decided that "slavish" copying/scanning of a public domain image....where the person does not add anything to it...do not of themselves have enough originality to substantiate a copyright claim.

See the wikipedia article on this case:
http://en.wikipedia.org/wiki/Bridgeman_Art_Library_Ltd._v._Corel_Corporation

Here's what that article says:

"Even if accurate reproductions require a great deal of skill, experience and effort, the key element for copyrightability under U.S. law is that copyrighted material must show sufficient originality."

Also, if you look at some sites online like Google Books....they ask that you not use their scans of public domain for commercial purposes. But I've seen some people online say they are "asking" because they know they can't legally prevent it. Whether that's true or not I dunno. But this is a real fuzzy area in the law now, and IMHO it's just going to get worse as the internet devolves into copyright anarchy!

It's sad that almost no one cares about copyright anymore. The internet has made stealing images/texts sooo easy. People just grab stuff and use it/sell it as their own. It's illegal, but few people even know.

Anyway, believe me I feel for what you are going through. If you talk to an attorney I'd like to hear what he/she says.

-Claudio
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Claud



Joined: 26 Jun 2007
Posts: 74

PostPosted: Mon Dec 03, 2007 4:32 pm    Post subject: Reply with quote

Claud wrote:
Once images are in the public doman...which I'm guessing these are...they are freely usable.


Just to clarify what I wrote so I don't get myself in trouble. I didn't mean to say by the above that they are *definitely* usable. They *might* be usable....that is the interpretation I have read online.

Whew! I don't want to leave any impression whatsoever that I am at all qualified to make categorical statements about copyright law! Smile
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brownjul



Joined: 09 Jul 2006
Posts: 315
Location: Oxnard, CA

PostPosted: Tue Dec 04, 2007 12:51 am    Post subject: Digital Media vs. Repoductions of Public Domain Image Reply with quote

I want to confer with the law regarding "public domain image reproductions."

This is not the issue I am facing. You CAN reproduce physical projects freely or use the digital images but NOT sell the digital image itself if you are not the producer and holder of the digital media copyright. I want to scan my rare collection as jpg's so they are available for future generations to purchase to recreate these holy images through prints, cards,etc. that can happen through the new digital technology.

Two large image companies who sell Victorian Royalty Free Illustrations and own the digital copyright to the image media are gettyimages.com and Corbis.com. Their images are untouched and scanned as they are originally created.

Here is Getty Images Legal Statement for their Victorian Digital Image Media you purchase for download or on CD:

Getty Images reserves the right to pursue unauthorized users of this image or clip. If you violate our intellectual property you may be liable for: actual damages, loss of income, and profits you derive from the use of this image or clip, and, where appropriate, the costs of collection and/or statutory damages up to $150,000 (USD).


I will PM all of you who have emailed me from now on...As I cannot say anymore until the appointment with the attorney.

Thank you for your prayers....I now once again feel the strength of Our Communion of Saints with all of you on AQ...

God Bless...

Julie Ann
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brownjul



Joined: 09 Jul 2006
Posts: 315
Location: Oxnard, CA

PostPosted: Thu Dec 06, 2007 1:09 am    Post subject: Thank you Reply with quote

I have a good Catholic lawyer!

And guess what?

He lives only 35 minutes from my house!

I received his name from an AQ'r by PM...

This is what it means to be a "Roman Catholic..." Sharing our knowledge to do what is the right irregardless of the time and cost. This will be a long and expensive journey...But the destination is doing what is right not just for ourselves but for those in the future who could be hurt...as we are all members of the Communion of Saints...whether stranger or friend...

Finally, thank you once again.

I can feel your prayers...In return, I send prayers to you, too.

Julie Ann
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brownjul



Joined: 09 Jul 2006
Posts: 315
Location: Oxnard, CA

PostPosted: Thu Dec 06, 2007 2:35 am    Post subject: Catholic Online Complaints Reply with quote

Others deceived by Catholic.org and their own "PAYPAL" scheme...

http://catholicinformation.aquinasandmore.com/2007/03/30/dont-ever-do-business-with-catholic-online/
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brownjul



Joined: 09 Jul 2006
Posts: 315
Location: Oxnard, CA

PostPosted: Thu Dec 06, 2007 2:58 am    Post subject: Catholic Online Reply with quote

I am so sad to see this organization has defrauded Catholics other than myself...The DA of Bakersfield is after them...I think the truth is going to stop them...I will call my lawyer tomorrow and tell him what I have uncovered...This is soooo scary...

http://catholicinformation.aquinasandmore.com/2007/06/26/what-would-you-call-an-organization-that/
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brownjul



Joined: 09 Jul 2006
Posts: 315
Location: Oxnard, CA

PostPosted: Thu Dec 06, 2007 12:28 pm    Post subject: I understand now! Reply with quote

I prayed a great deal last night over why I had not taken action against Michael Galloway and his Profit making Catholic Online Business...It was simple...I did not want the "Church" to get additional "bad" publicity... I thought about the 'beauty of Our Faith" and did not want pain to be caused to any good Catholic by my action...NOW I get it!


The reason this organization has been able to take advantage of us who love our Roman Catholic faith, would not intentionally hurt the Church...We knew that many would associate our faith with the website know as Catholic . org. So we silenced ourselves...

Well HE is NOT the Church! We CAN fight an unjust organization...We can be JESUS and turn the tables over in the DIGITAL TEMPLE that has the FACADE of our faith...Let the battle begin...and let it start with me!


Julie Ann Brown, MBA/MPPA
University of Southern California Gradc

Roman Catholic Wife/Mother/Teacher?Entrepreneur


Another website on related unethical behavior:

http://faithselling.stblogs.com/2007/05/23/catholic-financial-services-update/
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brownjul



Joined: 09 Jul 2006
Posts: 315
Location: Oxnard, CA

PostPosted: Fri Dec 07, 2007 12:35 am    Post subject: I wish we could warn people about this ...NOW Reply with quote

It is going to be a long legal process for me...but I wish we could warn others to know about what Catholic Online www.catholic.org is doing to others...

Here is another link about the charges filed against them by the DA of Bakersfield...

I cannot imagine how many, many tables are still be filled in this "digital house of thieves."

http://www.idealware.org/donations/2005/11/catholic-financial-services-catholicfs.html
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