copyright

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Anne-Marie February 13, 2016 09:50

Anne can you be more specific like where this took place? Is there a geni profile? Please send us the link

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Anne Faulkner February 13, 2016 23:25

Here is a link to where some of the images came - glanmore.org is my domain and I scanned/restored all of the images (I have the originals from dags to slides to photos and copyright on all..)

http://www.glanmore.org/h/LifeAtGlanmoreSChapline.html

I don't know where this individual got a painted B&W photo of my grandmother - which I painted (PSP) but he has used it, taken it from me without even asking me. So, even has a derivative from the orignal photo, that in itself gives me copyright personally 0over _my_ version. I am the only living heir fwiw ref copyright. I'm attaching both my painted version and the original B&W - as it was after my restoration of the original scan - which I'm sure I still have or can do it again (I have the original image).

His name is Glen E. Carter and does seem to have removed some of them. I don't know how much he propagated images tho - He had the one I'm attaching (the painted version) over on Find a Grave.

You will note that the colorized painted version is signed by med.

The other problem I'm having is that I was on Geni, I guess a few years ago, and I have two family trees and have no access to the first site with a free membership. This is the link to it.

https://www.myheritage.com/site-photo-albums-15001291/phillips-burrows-faulkner#!photo-15001291-2-0-1000017

I need to get access to the other site so that I can either merge or delete one, but I have to get access to the link above.

Anyway, this is the webpage where many of the images that have been used with permission were taken from..

http://www.glanmore.org/h/LifeAtGlanmoreSChapline.html

It's all copywritten - everything. And ti's not even that I wouldn't give permission with links back, etc., for the images, but to just 'take" them I find unconscionable and offensive. I shouldn't have to spend time like this - tracking down people, filing complaints, etc. when, in fact, all we are talking reall is .. manners. (let alone legal issues.

so, two questions.. how do I stop people form taking imaes without permission in the future - do I lock 'em down so there's no access to them 'til I'm ready to give it, and 2, how do I merge/combine those two accounts?

thanks|! :-)

Anne

JessieColorized03-2005.jpg
JessieRestBandW.jpg

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Bjørn P. Brox February 13, 2016 23:33

So, this is not a Geni issue?
How old is your photos, and I assume you have taken those photos, claiming copyright to them?

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Anne Faulkner February 13, 2016 23:51

Well, here is one of the copyrights I hold on my family history - under Section 7 is the most important, according to the copyright5 lawyer.

http://www.ic.gc.ca/app/opic-cipo/cpyrghts/dtls.do?fileNum=1116330&type=1&lang=eng

7. (1) Subject to subsection (2), in the case
of a literary, dramatic or musical work, or an
engraving, in which copyright subsists at the
date of the death of the author or, in the case of
a work of joint authorship, at or immediately
before the date of the death of the author who
dies last, but which has not been published or,
in the case of a lecture or a dramatic or musical
work, been performed in public or communicated
to the public by telecommunication, before
that date, copyright shall subsist until publication,
or performance in public or
communication to the public by telecommunication,
whichever may first happen, for the remainder
of the calendar year of the publication
or of the performance in public or communication
to the public by telecommunication, as the
case may be, and for a period of fifty years following
the end of that calendar year.

MORAL RIGHTS
14.1. 14.2

Moral Rights
Marginal note:Moral rights

    14.1 (1) The author of a work has, subject to section 28.2, the right to the integrity of the work and, in connection with an act mentioned in section 3, the right, where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous.
    Marginal note:No assignment of moral rights

    (2) Moral rights may not be assigned but may be waived in whole or in part.
    Marginal note:No waiver by assignment

    (3) An assignment of copyright in a work does not by that act alone constitute a waiver of any moral rights.
    Marginal note:Effect of waiver

    (4) Where a waiver of any moral right is made in favour of an owner or a licensee of copyright, it may be invoked by any person authorized by the owner or licensee to use the work, unless there is an indication to the contrary in the waiver.

    R.S., 1985, c. 10 (4th Supp.), s. 4.

Marginal note:Term

    14.2 (1) Moral rights in respect of a work subsist for the same term as the copyright in the work.
    Marginal note:Succession

    (2) The moral rights in respect of a work pass, on the death of its author, to

        (a) the person to whom those rights are specifically bequeathed;

        (b) where there is no specific bequest of those moral rights and the author dies testate in respect of the copyright in the work, the person to whom that copyright is bequeathed; or

        (c) where there is no person described in paragraph (a) or (b), the person entitled to any other property in respect of which the author dies intestate.
    Marginal note:Subsequent succession

    (3) Subsection (2) applies, with such modifications as the circumstances require, on the death of any person who holds moral rights.

Section 28.2 (1)
28.2 (1) The author’s or performer’s right
to the integrity of a work or performer’s performance
is infringed only if the work or the performance
is, to the prejudice of its author’s or
performer’s honour or reputation,
(a) distorted, mutilated or otherwise modified;
or
(b) used in association with a product, service,
cause or institution.

Here is another.. and under copyright for my mother? it includes everything she ever did, from painting to poetry to music - and all photographs she ever took - including photographing - photographs of family members -wither her Pentax actually. No one has rights over any reproducing of anything she ever did except for me. No one in the world but me.

http://www.ic.gc.ca/app/opic-cipo/cpyrghts/dtls.do?fileNum=1077646&type=1&lang=eng

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Anne Faulkner February 14, 2016 00:03

ps.. for me, this whole issue is no different that if I found out that someone had managed to take images from here (art of my mother's), finding them on someone's website - (maybe prints even being sold without any right to do so?) who has taken them without permission. It's fascinating to me however, over the years, people have said to me that I should consider myself honoured because my images were good enough to be taken with permission/stolen.. I've never considered it an honour to be stolen from.

http://www.imagekind.com/art/stunning/philippa-faulkner/artwork-on/fine-art-prints

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Anne Faulkner February 14, 2016 00:30

apolgies - correcting errata..

. It's fascinating to me however, over the years, people have said to me that I should consider myself honoured because my images were good enough to be taken without permission/stolen.. I've never considered it an honour to be stolen from.. when all one needs to do is.. "ask". Trust when I say I have about.. 4,000 slides? prints? photos - all of it.. that have never been published and, certainly, I think I have a right to know who is using _my_ work (restoring/colorizing, whatever.. alot of which I do for fun, because I lived in Glanmore and remember the palette - so, walk down memory lane for me.. colorizing my grandmother, Jessie's picture? I did that because there were no color photos of her, not really (some Victorian B&W do have some little color to them that can be brought out - I did because she was always described to me - hair, color of eyes, skin tone, etc. I remember those pearls too - my mother had them - so I know they were.. white/light grey shadow. I remember the dress (in a trunk in the attic when I was a child - dress-up lol) - anyway, it would just be nice to be _asked_ where my stuff is going - on a lot of levels.

I'm curious, on a copyright issue.. in the sense of "who has it" or does it become shared somehow?

I scan (or import slides) images of her art.. then I have to restore it... some faded.. had to enlarge the dpi first.. and - I'm just blessed that I know my mother's palette - I make it.. poster/image print ready.

I'm not my mother's agent, I'm the sole survivng heir in all of this business - but that means I own everything she's ever done over 60 years, for 50 years from the date of her death and then I can have it extended. I think..

but is the copyright my mother's or mine - given it's the restored version - takes hours to do correctly without losing/changing the art..They wouldn't exist on the web if I wasn't doing this - putting up proper images (not just auction images) of her work. I remember a lot of these paintings - I saw them.

I guess that's where my.. moral rights.. come in?

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Rick Alleman August 09, 2019 02:47

This site seems to be fraught with theft, I spent years on Native American research only to find my documents and databases on this site, they didn't even bother to remove my © RLVAlleman
https://photos.geni.com/p12/0f/54/da/fa/5344483880ed8fe2/Chapman_Roll_Eastern_Cherokee_original.pdf
&
https://photos.geni.com/p12/18/d6/56/97/5344483880f1d1fc/Silver_Roll__Cherokee_s_east_of_the_Mississippi_original.pdf

copyright

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