Someone stole graphics from our site and posted the graphics on their site. Because we received specific permission from the owners to use these graphics on our site in the first place, it makes it a little more complex.

We have asked the individual to remove them but she states that the "40% Rule" allows her to change them up 40% and the graphics then become hers.

Has anyone heard of this 40% rule? Where does it come from? Is this for real? I can't find anything in copyright laws or DMCA that allows this.

Hicrc;

Is she in Hawaii or the US or where...jurisdiction kinda matters methinks. I personally don't know of a '40 percent' rule. I do, however think that it is up to the person who OWNS the graphics to go after her, not you...

They would be the party with grounds to go after her. It is their intellectual property I am guessing and not yours.

All this being said, I am not a lawyer...I would have your friend who owns the graphics check with one that specializes in intellectual property rights.

Other thoughts?

Best

Eric

__________________
Eric Blackwell
Technologist, SEO Specialist and Consultant

Louisville Real Estate My Home Real Estate Site

Search Engine Marketing, Coaching & Custom WP Blogs Learn how to get the MOST out of your already awesome REW site.

Real Estate Industry Watch - Real Estate Industry News Blog Get up to date info on the Real Estate Industry

I think that theft is theft. (i.e. I only stole 40% of the candy bar)

__________________
Ryan A. Martin - Windermere Real Estate / Whatcom Inc.

Your Bellingham real estate professional specializing in the listing and sales of Bellingham condos. Also check out my Anacortes real estate website for information about Fidalgo Island and Anacortes, WA

They were kind enough to allow us to place these graphics on our site way back in 2002, and they expect us to handle them responsibly. We provide credit back to them on each page where the graphics are displayed. Handing this problem to them wouldn't be nice.

Actually that isn't really the point (at least I don't think it is? ). I really need to know if there's some weird thing out there called the 40% Rule that actually allows people to steal graphics and change 'em up 40% to make them their own!

In my mind, I'm likening it to stealing a car. If I steal a car, then I change it up a bit, make it 40% different, is it my car now? I realize that stealing a car isn't that great for a comparison, but it seems like it should be the same deal.

There is a thing called "derivative works". That may provide a part of the answer for you.

I am with Ryan on this...maybe the owner should sue them for 100 grand, but only settle for $40,000? (grin).

hicrc, I would reiterate though that WHERE they stole it from is of little consequence...you have little standing in this compared to the owner--as frustrating as that is. You HAVE handled images responsibly. Anyone can rip off pictures online and there is not much you can do about it other than report it to the owner...

Does sound like you're a bit cheesed off because it is a competitor that has your images? (or am I reading too much in...don't mean to be.) To use the car analogy a bit further...it was your parking lot, but their car that got stolen in my opinion.

I know it is frustrating and I feel for you.

Best

Eric

__________________
Eric Blackwell
Technologist, SEO Specialist and Consultant

Louisville Real Estate My Home Real Estate Site

Search Engine Marketing, Coaching & Custom WP Blogs Learn how to get the MOST out of your already awesome REW site.

Real Estate Industry Watch - Real Estate Industry News Blog Get up to date info on the Real Estate Industry

http://www.copyright.gov/circs/circ14.html

check this...

Hope it helps

Eric

__________________
Eric Blackwell
Technologist, SEO Specialist and Consultant

Louisville Real Estate My Home Real Estate Site

Search Engine Marketing, Coaching & Custom WP Blogs Learn how to get the MOST out of your already awesome REW site.

Real Estate Industry Watch - Real Estate Industry News Blog Get up to date info on the Real Estate Industry

Actually no, it's not a competitor, so I'm not upset in that way. If the individual would have just said fine, thanks, we'll remove them and we'll link to the pages on your site with a pop-up or whatever (not frames), then I would have been okay with that. But to reply that they have the right to change them up 40% to make them their own? NOT okay!! That's what ticked me off.

Thanks, this is helpful, I'll look into it.

I want to echo the statements above - although I can certainly see why you are upset, because the ownership of the work is not yours, you are not in a position to enforce it - Although you may be completely right here, I would be careful of harassment (Because you don't have the right to follow up really) - I would be ticked to btw.

The 40% rule - I have heard people say they have heard about it, but I have never seen any documentation (I have also heard of the 30% rule 50% rule and any other amount of rules that people state to try to convince themselves or justify an action)

I would encourage the original owner to seek legal councel IF they see fit and move on from there.

__________________
Want to save up to 50% off Real estate webmasters product websites & common upgrades? Check out my latest blog post regarding our end of the year sale.

Regarding Derivative Works - here's what the Wikipedia entry says:

Derivative Work Right

The owner of a copyright has the exclusive right to prepare derivative works based on that copyrighted item under 17 U.S.C. § 106(2). US Copyright Office Circular 14: Derivative Works further states that:

Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. The owner is generally the author or someone who has obtained rights from the author.

Thus, one who creates an unauthorized derivative work violates the derivative work right.

(Above excerpt from Wikipedia)

I believe that covers it!

Once again, thanks to the valuable input from all the experienced people here at REW, I'm able to come up with some answers to a difficult situation. Thank you everyone that posted.