Look at the Full Poster Here
This photo is not available in DA. Not even as a stock-photo...
This was displayed as tarpaulins somewhere
in Tomas Morato / Quezon Ave. The one who made
this poster did not ask for my permission nor my
photographer's. In addition to that, not even a tiny
credit. Help... How do I deal with this?
[edit] We also found out that they also used the design
for TV commercials, posters, newspapers, etc.
The event is really highly publicized and yet we
did not even receive a message about our
picture getting used for their promotional
materials. [/edit]
Yes, it is for a good cause. Environmental Event thing.
But let's say that the "Admission is Free", it still is a
commercial event due to the numerous sponsors they
have on the bottom of the poster. Sigh. What must I do?
PS: Due to this issue, Tricia is closing her stock account, slumberdollstock. If I'm really serious, I might close mine too, alodia-stock. For now, let's see how this turns out...
PPS: Thank you for all those who are supporting us on this issue. I appreciate all those who blogged about it in their own blogs and spreading the news that they stole a picture of me that Tricia took. We really appreciate the concern you guys have been giving us!
Please help spread the word~  | Ask for a public apology to be announced on their event and their website AT THE VERY LEAST.
Also, consider taking legal action.
Good luck! :) |
 | They should publicly apologize for what they have done. If they still don't give you proper credit, sue them. |
 | Nakita ko siya sa may Tomas Morato I think nung papunta kami sa OZine fest. Try asking for public apology or sue them na. |
 | onga no..i recognize that photo and stance of yours! gosh.. |
 | wexie wrote on Apr 17, '08 OH MY GOSH! that's not fair, and they already used it without your permission. it's not enough compensation. they merely lack their own creativity that's why they got your picture without permission hoping to pass it out as their own. that's not fair, we artists and photographers deserve way much more credit! |
 | Alodia, time to get some legal help. It's absolutely uncalled for. Sue them ASAP. |
 | snakezilla wrote on Apr 17, '08, edited on Apr 17, '08 that's is just so wrong!!! its like copyright... uh... something in the legal sense... though it is for a good cause, they should have contacted you and asked permission first!!! i don't know... if you have lawyers, better ask them fast... |
 | edjie its time yeah its a copyright dba hahahayari!!! tsk tsk wrong move guys |
 | Sue them.. >__< this is really wrong.. did they think that editing and putting on something on your face would prevent you guys from finding out that it's YOUR picture? Ack! Nakakainis lang yung ganyan.. and what kind of compensation is that?! XP if they'll not apologize publicly, sue them! |
 | kakahiya naman... with all those major sponsors they couldn't even make their own poster concept... tsk tsk.. my advise to you is call the people who made the poster/event. don't let this thing go aloida. you work hard for your image and just letting this go is like accepting people using your images earning money without your permission. cheers! |
 | Well you need to figure out who has access to the "hi-res" file because it's not a stock photo and if even the photo was taking from the multiply/web page, 72dpi is not a high enough resolution to print, well it is but without being distorted and you said it's a on a "giant tarpaulin." so it had to be a high-res file or they used some type of software to generate a high res version of it.
The people having the event aren't at fault they paid for a poster to be made so you need to contact the person that made the poster. Technically you can't really take legal action, the photo was on your multiply page only right? If you read the terms of Multiply you're given them right & permission to use photos and content uploaded on to the site along with third parties associated with Multiply. A lot of people don't know this but most of these social network sites have the same policy.
From Multiply "Terms"
"You retain all ownership rights in your Member Content. However, by posting Content to the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Multiply (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content in connection with the Website and the Service, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Multiply reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the Multiply site and terminating the membership of such violators and reporting you to law enforcement authorities. It includes Content that:"
|
 | i saw this poster aroung timog and tomas morato. pwde mo sila idemanda dahil sa ginawa nila. tsktsk. |
 | I already checked the link. I really think its a serious matter and needs an immediate response. They are too immature and very unprofessional to act that way. tsk3x ;) |
 | I think the VIP thing to a free concert deal is a hoax. If they don't do anything more significant to make up for the infringement thats where the word 'sue' comes in.
I saw this also on a tarpaulin somewhere in Tomas Morato :/ ... actually its everywhere. This is no ordinary Jane-doe or John-doe case. You can really sue someone for using your pictures if its copyrighted. |
 | The designer should pay you guys.. he/she could split the pay.
if not... you can probably sue them.. i just dnt know how tho.. |
 | i think you should sue them.. the best way to give them a lesson. |
 | wlang permission gling sau o sa photographer mo o sbhn na nting di nagpaalam........wla cla karapatan gmitin mga pictures mo........ |
 | hassle pa pag demanda pero it's the best way (tanga2 kc sila eh) , sure win pa..
i hope things will turn out the way you guys want it, God Bless |
 | Okaaay, that was totally unfair!
Grabbing your picture then editing it then posting it all over the place without even asking you permission.
Yeah, you should sue them.
But you should really ask advice from lawyers and of the sort. :)) |
 | what they did is absolutely not right. and it sucks. you better sue them. dont worry. you'll win. =D |
 | How does it feel to have the planet as your head? |
 | Wait, diba this WAS in Tricia's stock account? I remember seeing it there. >_< Baka dun kinuha. Ewan *shrug* |
 | Thats one big hoax, I'm pissed, no one wouldn't get pissed, those *censored, long string of words* should change the picture....... |
| Which reminds me!!
My friend has a lawyer dad....
My friend has an attorney dad and a judge mom.......
*big smile* |
 | sue them....
the VIP thing must be just another one of their tricks to get popularity....
U have every right to... |
 |  Well you need to figure out who has access to the "hi-res" file because it's not a stock photo and if even the photo was taking from the multiply/web page, 72dpi is not a high enough resolution to print, well it is but without being distorted and you said it's a on a "giant tarpaulin." so it had to be a high-res file or they used some type of software to generate a high res version of it.
The people having the event aren't at fault they paid for a poster to be made so you need to contact the person that made the poster. Technically you can't really take legal action, the photo was on your multiply page only right? If you read the terms of Multiply you're given them right & permission to use photos and content uploaded on to the site along with third parties associated with Multiply. A lot of people don't know this but most of these social network sites have the same policy.
From Multiply "Terms"
"You retain all ownership rights in your Member Content. However, by posting Content to the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Multiply (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content in connection with the Website and the Service, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Multiply reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the Multiply site and terminating the membership of such violators and reporting you to law enforcement authorities. It includes Content that:"
 Actually, 72dpi doesn't look bad on tarps. |
| Wherever he got the picture, it doesn't really matter much (Our pictures are all over the internet. Crissey told me that there are so many people on Friendster who have our pictures in their photo albums. The creator could've gotten it anywhere since there are some people who save our pictures in their computers.). A stolen picture is a stolen picture. The creator of the poster said that a friend of his just sent him the image. Without any hesitation, he still used it. OH WELL. D: Hi Edjie~ XD |
 | eijikurenai wrote on Apr 17, '08, edited on Apr 17, '08 I saw that poster (I mean Banner) malapit sa SM Fairview.. kanina O_O
They shouldn't use your pictures without asking any permission from you and your photographer..yun picture mo kasi ay isa nang legally property mo.You've a right to sue them besides they edit your picture not only that wala man lang credits from you..ang sama naman nila! >.<
Sue them is the best way to stop them for good!
|
 | wah...dat is bad...nung nkita ko ung poster narecognize ko agad n kaw un...an panget p ng poster XD
wahhhhh T_T
sue them!!!! |
 | MAJOR COPYRIGHT INFRINGEMENT
It was used on a BILLBOARD. Trust me if they have sponsors/money to pay for a BILLBOARD then they should have money to COMPENSATE you.
Sue them!!! >:C |
| You retain all ownership rights in your Member Content. However, by posting Content to the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Multiply (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content in connection with the Website and the Service, and to grant and authorize sublicenses of the foregoing. This DOES NOT mean that Multiply gets copyright ownership over your uploaded images. It's only there to grant Multiply permission to:
- create thumbnail images ("create derivative work")
- display the images online ("display/distribute")
Etc... other things necessary to process the content you upload to Multiply so that it can be displayed in your account. Which is the whole point of Multiply right? :)
Take note of the phrase in connection with the Website and the Service. |
 | hehehe sue them come on, make a stand just get a good lawyer how about Attorney Raymond Fortun hes into photography and i guess he would understand your situation. |
| Wherever he got the picture, it doesn't really matter much (Our pictures are all over the internet. Crissey told me that there are so many people on Friendster who have our pictures in their photo albums. The creator could've gotten it anywhere since there are some people who save our pictures in their computers.). A stolen picture is a stolen picture. The creator of the poster said that a friend of his just sent him the image. Without any hesitation, he still used it. OH WELL. D: Hi Edjie~ XD The creator of the photo is responsible for this. Seriously, wtf kind of excuse is that??? ANY professional graphic designer is WELL AWARE of copyright law and ONLY uses stock images by himself, from public domain, or purchased properly from others.
1. This graphic designer used your stock image without permission.
2. The graphic designer got PAID for this because it's for a BILLBOARD.
3. If there's a proper contract between the events people and the graphic designer (as there SHOULD be), it most likely holds the graphic designer RESPONSIBLE for the copyrights of the image. The contract will probably say something like "you, the graphic designer, hereby guarantee that you OWN the copyrights to this image and therefore have the RIGHT to grant us use of this image... if there is any issue of copyright infringement, you will be held liable"
4. It is the graphic designer's responsibility to make sure that he/she OWNS the copyrights of the image. He/she has NO RIGHT to sell the image to the client otherwise.
So, demand compensation from the graphic designer, and make sure the events people know that you're very unhappy so that they will fire this disreputable designer. |
 | Now I know why the tarpaulin looks so familiar.
Anywho. I made my term paper on INTELLECTUAL PROPERTY RIGHTS, and this is clearly copyright infringement. Sue them, if I might say so. Tricia has all the rights to this photo from the moment she clicked the shutter button of her camera. Also, this one is being used as a promotional material for a free show - sponsored by major companies in the Philippines. Thus, it is not in the fair use doctrine (to be used for educational, charitable etc purposes) because the clause does not cover this kind of use.
Public ad. Public tarpaulins. Promotional materials - this is so not for educational or charitable purposes. Sure, admission is free but what the heck. The copyright is Tricia's forever. |
 | Consult for legal counsel first then arrange a meeting with them to settle this (bring your lawyer/s by the way). If their terms are unsatisfactory to both you then file to sue them. Judicial action, in this country, may take forever, so weigh you options accordingly.
In my opinion, I'd rather make sure that no other entities could ever repeat their mistakes by not only suing them but also copyrighting all your publicized works (they're all professional works judging by the quality you have made them). And also to be invited as a VIP to an event you do not even consider going to is just lame.
P.S.
Make sure that no other countries did the same thing to your works like these guys did. |
| BTW. Order them to take it all down immediately, the tarps, the web graphics, etc. (have a copy of the site and pictures of the tarps for evidence before you do also). |
 | sue them medium sis. ^_______^ |
 | hey alodia, wow!!!! nakakainis! i feel you. no one can use my artwork without permission. i don't think you'll go anywhere by sueing them. the best you can do is find out who should be blamed so that they take responsibility for this stupid action. then, let the whole world know who these people are. probably have an article written about these people. i wouldn't call it revenge. i call it avenge. i mean, my artwork are my babies. if anyone tried to use them and bastardize them, i am going to fight back! really. |
 | elgosh wrote on Apr 17, '08, edited on Apr 17, '08 I live near where this thing's displayed, want me to throw a rag with wet paint at it? LULZ.
Sue them please. XD |
| hi el ikaw pala yan ha wait add kita. |
| One last adivice, never forget to put a W•A•T•E•R•M•A•R•K on your works. If they are still going to use/steal your works, give them hell on editing it is the very least you could do. Prevention is still way better tough. |
 | Hmmm, I think you should take some action on the person that used your pic without your permission. Agreed with amconda with the watermark but make it a little bit smaller/more transparent if you don't want it to ruin your artworks/works. |
 | if you can't get them to say sorry to you, then you can do legal action.
i mean, emailing you guys isn't as close as saying sorry in person. it's infringement, i tell you. but i have to agree that the event organizers aren't at fault either. they just pay persons to do the tarps and everything that comes into advertising. but they're at fault for using it even though it's already known to be a stolen pic or such.
|
| amaconda wrote on Apr 17, '08, edited on Apr 17, '08 As long as it ensures that the image is safe enough from retouching, also some watermark on the file info itself may help more. Besides, if someone want to use your works, all they have to do is contact you so that you can give them a clean artwork along with your permission.
Personally, I hate these kinds of practices. I know some who only "plainly" steal their works and ideas from someone else, and yet they still call themselves artists (Maybe for them stealing is an art). |
 | e1c33 wrote on Apr 17, '08 |
| e1c33 wrote on Apr 17, '08 or at least boycott the concert? |
 | consult po kayo ng abogado... para ma orient kayo kung anong specific case ang pwede nyo i-file |
 | the .gif is pretty cool. HAHA jk. |
 | rephilhlm wrote on Apr 17, '08, edited on Apr 17, '08 ohh my...
you and tricia are caught in a very messy situation...
because if you sue them, thousands of people ( that are active in saving the environment) would probably hate you(but still stealing for me is a very serious crime)....
anywayz
I suggest that you should not sue them
but both of you should join the concert and let the management have a public apology and gives proper credit
P.S
the .gif and poster was a bit creepy to me |
 | Hi.
I own the blog where the poster is located. I've mentioned this a lot of times but again, this is just to clarify that I am in no way connected with the event organizers. I have posted it just to disseminate the information which could be of interest to my niche and blog readers. I've been getting a lot of comments that I believe I don't deserve. In the end, I was also a victim here.
I hope the photo's owners will get the proper credits they deserve for their wonderful artwork. |
 | the header looks dumb, lol!
let them take their professional ethics again, because it seems as if they haven't been taught about copyright and infringements. |
 | lizeri wrote on Apr 17, '08, edited on Apr 17, '08 How shameful of them! Did they apply what they learned in their schools? Maybe yes, in having an end product through their abilities, but no, in using other's property without permission. It's so unethical!
Anyways, I hope the negotiation between you and those people would turn good. Otherwise, sue!
|
 | binbinized wrote on Apr 17, '08, edited on Apr 17, '08 Alodia, time to get some legal help. It's absolutely uncalled for. Sue them ASAP. bluzone2087's right alodia... ya should seek legal help. this guy's one hell of a crap. |
 | roehlnino wrote on Apr 17, '08, edited on Apr 17, '08 this reminds me of the numerous times tv shows used photos taken from blogs without asking for permission. the tv giants never answered to the angry bloggers' cry.
is this a legal matter? yes.
well, "owners should receive compensation for the use of their works in any way".
also, "give credit where credit is due." they should have attributed it to whom/where they got the photo |
 | what a cruel thing to do..' it must be removed from their site..
public apology is a must..' D: |
| what a cruel thing to do..' it must be removed from their site..
public apology is a must.. D: |
 | ang unfair naman nila~ hmpf |
 | they violate some rights.. you can sue them if you want but that'd be troublesome.. but they're really dumb not asking for permission.. VIP? that's insane.. public apology will do.. but i think that's not enough.. i hope no one will ever do this again.. |
 | errr.. shall I call the digg-mob now? |
 | Hmph. I'd have sued long before this point. |
 | I think you have to get a face-to-face meeting with this people. You're well within your rights to demandf one. |
 | argh! i know what you feel! grabbing pictures and using it for promotions without even your consent? i'd sue them! even if it is for a cause... not everything in the internet is free.. intellectual property rights naman! actually you're protected by law...
i know, i'm a photographer... |
 | eklektik wrote on Apr 17, '08, edited on Apr 17, '08 interesting that over at Dmitriproductions, they disabled the link to the Earth Jams news page and replaced it with this: file:///D:/dimitri_final_site/news3.html. I tried looking for the news3.html page on their website but it seems they took it down. Still, they have the .gif banner displayed prominently on the first page. And they still have the poster available for download here: http://dimitriproductions.com/earthday_poster_2008.jpeg.jpg |
 | daunt them....(pwede naman cguro mag sorry) |
 | sue them. being stupid is not an excuse for these guys. simple lang naman manghiram, magpaalam ka. sue their asses. |
 | a public apology... then sue them >:)... inviting you to the event as VIP? do they think you're stupid enough to bite the offer, or they're just plainly stupid?... sue them, stealing aint a good move... |
 | i don't like what they did...they're thieves... |
 | tinitigan kong mabuti un... sabi na nga ba kaw po un eh... sa tomas morato ave ko un nakita...
badtrip nga un... ndi cla nagpapaalam... tsktsktsk... |
 | First, they should apologize ON STAGE and give credit for Alodia.
Second, PAY you LOTS of MONEY! BWAHAHAH! XD
Third, lesson learned and they will never do it again. =D
And fourth, that's life. Just forgive and forget. |
 | I think the people behind the event, especially the graphic designer, owe you a public apology. Inviting you as a VIP is not enough compensation, since it sounds like they're just trying to placate you so you won't think of pressing charges against the person/people who unlawfully used your photo.
Retracting their posters/tarps, issuing an apology on their website and giving you due credit is the least that they can do. If they can't be bothered to do that, you have every right to sue them for violation of intellectual property.
Hope this helps! :) |
 | oh wow. gave me eyestrain reading them all.
well i can't give u ideas on how to solve this, since most are already posted, or post something that looks professional with all the technical words and stuff.
but i can say something at the very least: don't bother wasting ur time with them if they prove to be too stubborn. so they stole a picture, and they probably won't get punished for it. big deal. u got ur whole life ahead of u. don't let this ruin ur days to come. be good edj. :) |
 | dnt wrry much miss alodia, everything will be fine, im sure of it....... |
 | wobbly wrote on Apr 17, '08, edited on Apr 21, '08 not sure who actually works in the business here, but it might not actually be the fault of the graphic designer.
for all you know, it could simply be a case that the people hiring the designer gave him/her a folder named as 'assets', with your picture included in it - whether it was from simple research or gotten by some other means, and they simply got on with the job.
* re-reading, it seems in this case the designer is at fault though...
From what i'm aware of, and i've been around a while, you should keep it simple, and to the point.
work out what your (actually, Tricia's) usage fees and costs are, and simply email them an invoice.
its like - 'well, i've evidently been employed on an a job - wheres my pay?' - most agencies will be eager to settle in some way.
the 'VIP' thing is definitely an indicator that they think they are dealing with amateurs - just kids taking photos of eachother - and you need to change that perception of you.
deal with it in a business-like manner - you're worth - in monetary terms - what you think you are worth, and you need to get them to pay you that amount, or you will issue a cease and desist letter (this is where legal help is required), and they'll have to pay up some kind of compensation anyway.
basically, go about it in an adult, business-like (meaning money) manner and you'll get somewhere.
the people who've usually messed up are the art directors or the account managers, somewhere along that line.
if theyre some amateur outfit, then yeah, they could've messed up anywhere and everywhere, and probably won't have the funds to pay for their mistakes, but they - and anyone else if it is publicised - will know for next time.
let us know how it goes
edit:
"The creator of the poster said that a friend of his just sent him the image. Without any hesitation, he still used it."
Okay, then he is at fault because he should have cleared that the image was okay to use.
The friend is also wrong to have done that.
The organisation taking the poster though, they should have asked and gotten clarification that the poster (including its elements) was cleared for usage.
- imagine someone is making a record, they have a friend who sends them a track/lyrics that are from another artist. so they make this record using this, without checking for origin/copyrights, and it gets published, promoted, and they make money from it.
the artist that the lyrics/tracks were taken from would have every right in law to sue and get royalties and compensation/payment for breach of copyright.
ignorance is not an excuse.
edit:
should be the photographer pursuing them tbh, as the copyright holder to the image is the one who took it - in this case Tricia - and your costs would be part of her costs as you were the model (got release?)...
don't let them treat you (& Tricia) as anything other than a professional thats been left out of pocket by some bad/immoral business practice.
|
 | I agree with most of comments here. you should seek legal help and sue the crap out of the graphic designers. Even though it's admission is free, they still get enough money from the sponsors to pay for the expenses and everything. They should properly compensate you for it...
I'm gonna post this in my blog to spread the word..! ^^ |
| i think one of the people here is/are the one/s at fault. LOL j/k
gudluck with that edj. |
 | I've already mentioned about this in my blog. This incident pisses me off. As much as there are many good bands in the event's line-up, nakakawalang gana suportahan naman. I agree with everyone else. Sue them. Make them feel that what they have done isn't simply compensated with VIP passes for a free-admission event. Pasakitin mo ulo. *roflmao*
For the others, even though it may not be the graphic designer's fault, he/she should have checked where the picture was taken from. Asking them payment for using the picture just now is kind of late, right? They've done the posters/ads, posted them everywhere, etc. A legal action should be already be done.
Anyway, just my opinion. I hope you girls will be able to settle this matter asap. ^_^ |
 | saw a this poster on a street near abs-cbn mother ignacia, QC.
|
 | they're right. sue them. haha. |
 | SUE their asses...the poster is on a different page that of the event itself...ask people that u know/worked with & see what they will say..If they advice you to do legal action, im sure you girls(tricia & you) have enough connections...
Use 'em connections *winkwink |
 | Gosh.....
hope they supported you for good...but quite not good add ----- cause "they" covered 'ur gorgeous face : ) ....
more power!
|
 | Gosh.....
hope they supported you for good...but quite not good add ----- cause "they" covered 'ur gorgeous face : ) ....
more power! |
 | Damn... that sucks! Go ruin their party or something! Even if its for the good cause of the environment... it doesn`t mean they can just steal someone else`s picture! You deserve an apology from them... if not just sue them! |
 | andit wrote on Apr 18, '08 |
 | ask them to pay. get some legal help from your dad's attorney. bakit pa kailangang patagalin diba.? they'll only get away with it.
..or kung talagang matiisin ka sa ibang tao, just let it go.
either way you have to decide as soon as possible which action to take.
HESITATION KILLS. |
 | diba mas ok pa nga kung hindi nila tinanggal ung ulo mo ate, pero kasi tinanggal nila para maitago nila na ikaw un... pero di rin.. kasi nhuLi :D |
| Asking you to a VIP is just plain sneaky. Not only do they think it fixes everything, your presence is an implicit ENDORSEMENT of the event.
|
 | they already posted the same ad on newspaper..it's getting everywhere.. |
 | i'm gonna post this issue in DPP. people are starting to get worried of a lot of stolen photographs issues. |
 | kgoph wrote on Apr 18, '08, edited on Apr 18, '08 From Multiply "Terms"
"You retain all ownership rights in your Member Content. However, by posting Content to the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Multiply (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content in connection with the Website and the Service, and to grant and authorize sublicenses of the foregoing. You are granting Multiply to use the photos for promotion of their website, and in this case it even wasn't multiply who made the art work nor are they the sponsor of the event.
Send them a bill, then wait for action, if they don't pay then you can sue them for it. Get as much evidence, take photos of the posters and billboards before it gets taken down.
Ken |
 | dats why the boots looked familiar LoL! @__@ |
| send the bill to the organisers - the bad stuff should roll down internally for them, down to the designer who didnt bother to check the origins/copyright status of the elements used.
even if the designer was acting independently, he would get more problems with an angry client coming to him demanding to know why:
1.) he didnt get copyright clearance for things in his poster, and
2.) they are being sued from the said copyright holding parties.
the designer would fear more from losing a client than from an angry photographer/model.
send bills/invoice/sue both of them independently.
|
 | Hey Edj! I actually also saw this ad on MYX yesterday. Hope this gets sorted out. They shouldn't get away with this issue. Good luck :) |
 | waaa... that's soo.. unjust!!! i hope everything will turn out right. |
| wow...never thought a picture can generate this much hatred. |
 | that's not good D: he should've asked permission first / give credits to you guys |
Comment deleted at the request of the author.  | copyright infringement. sue. ^^ |
 | pwede ba na parang sa multiply ung photos sa DA ung may for private viewing etc?
sorry, i'm not a DA user kc e...pro cguro kng meron ganun pedeng for personal viewing nlng ang photos...suggestion lng po...hmm...
they used it for an ad pa...mali un...
pro i think you should sue them...it's unfair for the photographer and the model...
wla manlang kayo credit dun s photo... |
 | i went to earth day jam and i saw the tarp, i recognized the boots,i was really wondering if you're aware about this.. maybe you can contact the organizers.. |
 | my sis in an ad agency says you should demand for money, damages...it's the principle of the thing, after all, we shouldn't let them get away with it.
This sucks, most of the people in Earth Day Jam are artists, they should know this kind of ethics. Lalo na yung gumawa nun poster? What was he thinking??? |
| my sis in an ad agency says you should demand for money, damages...it's the principle of the thing, after all, we shouldn't let them get away with it.
This sucks, most of the people in Earth Day Jam are artists, they should know this kind of ethics. Lalo na yung gumawa nun poster? What was he thinking??? |
 | kaya nga d na me masyado nag po post ng photo sa multiply, kasi sa TOS nila, the public has the right to your uploaded stuffs, yikes! gudluck na lang! |
 | kya pala nung nakita ko yung poster n yan sa t.v few weeks ago ata parang familiar |
 | Hi Edjie. Working in GMA, I WAS ACTUALLY IN THE AREA WHEN THEY WERE SETTING UP THESE POSTERS. I instantly recognized the photos but I thought they had permission. I didn't think to ask you or Tricia because I didn't think anyone would actually do that. Let alone organizers of an event this big. Let's see what I can do. |
 | they are just plain insecure. they cant make on their own.. tsk too bad..
kill.. |
 | well to tell you this "now i believe in rumors like this"
totaly someone who introduced me this GRAPHIC artist WHO MADE THE ADVERTISMENT...he said he wants to have a PUBLIC aPOLOGY to YOU if you could meet him in person...totaly i dont know anything about this but all i know is BOTH ALODIA and the GRAPHIC artist are the victims of this issue...totaly if you could just talk it over well everything will not go farther in a way this problem will not end up very big...
PS! feel free to post in my multiply if you have comments on what i have said here... right now this artists is needing my help to talk with alodia personally him self to tell the whole story behind it
you cant just accuse someone although theres a great evidence but totaly theres a reason why he did that...
if you have questions to the artist that im helping him out of this issue pls inform me...im open for this talk
he said he was just used because he want the money for his family because he is a freelance artist and a low class person live in poverty...you cant blame him to make that poster..."blame the person who stole your pictures ALODIA!"...everyone can be use againts you remember that...this person who took your picture is someone who is very related to you!....cause i had investigated this...w/ my connection (ninja guild)
THATS FINAL! |
| amaconda wrote on May 6, '08, edited on May 6, '08 well to tell you this "now i believe in rumors like this"
totaly someone who introduced me this GRAPHIC artist WHO MADE THE ADVERTISMENT...he said he wants to have a PUBLIC aPOLOGY to YOU if you could meet him in person...totaly i dont know anything about this but all i know is BOTH ALODIA and the GRAPHIC artist are the victims of this issue...totaly if you could just talk it over well everything will not go farther in a way this problem will not end up very big...
PS! feel free to post in my multiply if you have comments on what i have said here... right now this artists is needing my help to talk with alodia personally him self to tell the whole story behind it
you cant just accuse someone although theres a great evidence but totaly theres a reason why he did that...
if you have questions to the artist that im helping him out of this issue pls inform me...im open for this talk
he said he was just used because he want the money for his family because he is a freelance artist and a low class person live in poverty...you cant blame him to make that poster..."blame the person who stole your pictures ALODIA!"...everyone can be use againts you remember that...this person who took your picture is someone who is very related to you!....cause i had investigated this...w/ my connection (ninja guild)
THATS FINAL! You seem to be a good friend of the artist who made this and I admire you helping him out and making an online public statement on your side to protect him from public slander and such. Although your last quote left me to wonder of its meaning. If you would be kind enough to enlighten me on this subject, I would appreciate it.
PS. pardon me for lacking specific knowledge about the details of this issue as there are many factors yet to consider and undisclosed to the public for as far as I know, unless mistaken, the case is now being tackled and handled by both parties legally and that it would be wise to let it be as such until the persons/establishments involved in the issue can settle the matter through legal proceedings and put closure to this debate.
PPS. With no disrespect to your friend or to you, I would like to give a little advice when this issue has past for him. "Fool me once, shame on you. Fool me twice, shame on me." – meaning that ignorance next time on the same dilemma cannot be used as an excuse and he may be wise to check first before entering in an agreement to avoid any future hassles he is facing today. We all make mistakes, we just have to learn from it and do better next time. |
 | actually, a mistake is a mistake. the problem here is hindi sya nagpaalam. And hindi maliit ang problemang to, COPYRIGHT ang usapan dito eh.
unauthorized use of someone's property is considered stealing.
STEALING IS STILL A CRIME. no matter what you steal.
If we always let these people go that easily, then they will never change. They would do the same thing again and again.
Look at this statement: he is from a "low class person living in poverty" and he needs his money for his family kaya nya nagawa yun.
isn't that the same reason thieves have?
the fact na ginamit nya yung picture for making the poster makes him a target for blame too.
If he's an artist, he could have at least placed something like an acknowledgement. Or He could have tried to contact the owner of the Photo first. Konting respeto lang sana sa may ari ng picture. This would never have been an issue if he asked for permission first hindi yung basta basta na lang gagamit. And if he was even professional, he would have at least asked the person who gave him this STOLEN picture where it came from and if they have permission to use it. And even if he asked, he should at least ask the person who owns the picture for permission again just to make sure. Sana naging professional man lang sya. Free Lance artist sya, tapos "nagpapagamit" lang sya? hindi ba mali na yun? I mean pag naipit sya sasabihin nya na nagpagamit lang sya? again, ignorance is not an excuse.
People won't be ignorant if they ask. Wasn't it written somewhere that if you ask and you shall receive? sana ganun na lang ginawa nila or niya. pero hindi eh, now let's just hope everything goes well and the suspect(whoever they are) go punished. |
| amaconda = thanks for your complement dont worry i will tell him about this...but totaly im just aware of these to person
eijisama = ang tanong...alam ba nya na si alodia ang artist?...no body told him its just this person gave this photo to the artist and just ran away...
i know your protecting alodia but try to thnk of if...paano mananakaw yang pic kung hindi kukunin ng isang tao na malapit sa kanya...maaring naibigay nya sa isang close fan or sa isang friend na malapit sa kanya...eh itong artist na ito eh wala syang koneksyon tungkol o ano pa man kay alodia...
ayaw ko sabihin pero sorry ALODIA!..."NAGING PABAYA ka! sa mga ginagawa mo" |
| i'm not protecting alodia, i'm just saying stealing is still a crime. you can't say you're innocent dahil lang hindi mo alam na kay ALODIA.
eh sino ba ang nasa picture? again, initiative to check if the picture can be used or not. it's a very simple thing to do.
mas pabaya yung "Artist" dahil hindi nya muna inalam. Agad syang pumayag hindi ba? He agreed to make the poster without asking several questions first like the source of the picture. AND he should have at least placed something like a reference to the source of the photo.
alam ba nya'ng si alodia ang artist? malamang hinde, pero sana inalam nya. Before you do a job for someone, you better check that you won't get in trouble for it. That means DOUBLE CHECKING everything bago gumawa ng kahit ano'ng action.
Wala syang connection? Then why didn't he ask the source of the picture? Sana tinanong nya talaga kung kanino galing yung pic, kung ano'ng site, para matanong na din nya. Since nakita naman nya na TUNAY NA TAO YUNG nasa picture hindi ba? I think that's reason enough to think na baka iba may ari nung pic. I think it's so unprofessional talaga. Forgive me for saying this pero sana nagisip sya.
IMHO, a mistake is a mistake. An artist, whether he's a freelancer or with a group, should know that even legal action can be done against him.
Oh well, i hope everything goes well. And the perpetrator goes unpunished. |
 | alodia9 wrote on May 8, '08, edited on May 8, '08 amaconda = thanks for your complement dont worry i will tell him about this...but totaly im just aware of these to person
eijisama = ang tanong...alam ba nya na si alodia ang artist?...no body told him its just this person gave this photo to the artist and just ran away...
i know your protecting alodia but try to thnk of if...paano mananakaw yang pic kung hindi kukunin ng isang tao na malapit sa kanya...maaring naibigay nya sa isang close fan or sa isang friend na malapit sa kanya...eh itong artist na ito eh wala syang koneksyon tungkol o ano pa man kay alodia...
ayaw ko sabihin pero sorry ALODIA!..."NAGING PABAYA ka! sa mga ginagawa mo" Hello Karlonne. It's funny how you judge me so easily. You said, "NAGING PABAYA ka! sa mga ginagawa mo" How can this be possible? We clearly stated the rules of the usage of our photos online. We were living peaceful lives until this came up.
I thought that you're asking for our sympathy for your artist friend. But with what you've just said, your actions proved otherwise. You're doing more harm than you think and my sympathy was lost.
Btw, the letter we've sent to Dimitri has not been answered. Tricia emailed them a few more times and she was constantly being ignored. We are filing case soon.
PS: The photo of my self is not under me. Since Tricia was the photogrophaer, she has full copyright over it therefore it is her art work.
That's all. |
| ^ayun naman pala eh, they stated rules on their pics online. Again, even without those said rules, dapat marunong pa din magpaalam. That's the norm.
You know what? I don't know if you're mad at Alodia or something, if you still are, i'm still wondering why. From what you've posted kasi, it seems like you were doing your best to make it worse(ahaha best for the worse? lolz) kasi you are rather insulting with what you say.
anyway, i believe that this country has copyright laws. oh well, let's hope this problem/dilemma ends soon. |
| alodia = well you cant blame for being so rude at sometimes but yeah we might been living peaceful since our last talk about us but i dont want to bring taht up again...ok we might say its the artist or the photogrtapher or you
HININTAY mo PA ako magkaganito para sumagot ka!....wow thats new mukang ayaw mo ng maayos na usapan gusto mo pa sinasabihan pa kita ng ganito para magreply ka...
kahit sabihn natin na si trisha o ikaw ang maycopy right nitong pic pero sana di may responsibility ka din kc you are also part of this...sana naman magingat ka sa susunod...i know we are know in a different world...
you might say im protecting the artist yeah!...kc sa part na ito no one cant just blame someone...parang inagawan ka nga candy tapos ibinigay sa iba ang wraper so lumabaas na ung nakakuha ng wraper ng candy ang kumain...
kaya nga may kasabihan nga na "PLS KEEP your things!" kc kung mawala yan eh malaking problema ang mangyayari sayo...
ewan ko ba kung bakit sadya ba talagang mataray ka or ayaw mo lang makipag usap dahil sa kung sino lang ang kinikilala mong kaibigan ay sya lang anag kakausapin mo pero sana naman...
KUNG SISIKAT KA sana ALAM mo ang magiging kahihinatnan nito ok!? maging maganda man o masama
sa part ko he just wanted my help to have a good conversation with you pero parang ayaw mong makipag usap kaya hinintay mo ako magkaganito...to tell you this MAIKLI ang pasensya ko sa mga ganyan...
dahil naramdaman ko at napagdaanan ko na na tong problema before ayaw ko lang maulit sa iba...
sana naman wag kalang makinig sa side mo lang try to listen to others out side in your area ok...para malaman mo ang gusto nila ipa anot sayo..
THATS ALL....im not angry of you or anything its just lagi kung ano ang paniniwala ng side mo yun lang ang totoo...try to learn and to know the side of your enemy atleast maayos nyo to
eiji = we all know he did a big mistake pero naisip nya din ba na isa ding malaking pagkakamali ang ginawa nya...kaya pareho lang wala akong pinapanigan pero lumalabas na unfair sa side ng artist kc walang gusto makaalam ng storya nya....lahat kayo nasa side ni alodia
IM SORRY if im like this pero sana WAG NG MAULIT ITO kc lahat atyo nagkakamali kahit sabihin natin na nagkamali ga ng malaki ung artists sana naman naisip nyo na kasalanan din ng idol nyo na kung bakit napunta sa kanya ung pic na yun ng walang pasabi...
kung gusto nyo kausapin nyo ang artist a yun ewan ko nalang kung makuha nyo pang masalita ng ganito
I HOPE this would end....
now the artist is in deep humiliation di nya alam ang gagawin kaya INILAPIT ko sya sa inyo...kayo na ang bahala... |
| I am not on Alodia's side alone. Again, PROFESSIONALISM muna.
Yes, it would end if you wouldn't be too rude. You could at least have saved some politeness towards the people here. If you're bitter about something don't use this issue as a chance to strike back at someone.
"KUNG SISIKAT KA sana ALAM mo ang magiging kahihinatnan nito ok!? maging maganda man o masama" this really sounds so bitter did you know that? It's like you're saying something.
I don't really believe na may concern ka for either party, it seems like you have your own agenda to fulfill. Since this is not the proper forum to discuss this, then go to my multiply page, dun ka magrant, or better yet, kung may galit ka sa kanya, go blog about it. Sa ginagawa mo kasi pambabastos na talaga eh. Hindi mo ipinapakita na kinakampihan mo yung artist, you're making him look worse with what you've done.
And again, you're doing what you did before, ranting against someone in that person's site/territory.
|
| try to read this: *Proprietary Rights in Content on Multiply Multiply owns and retains all proprietary rights in the Web site and our Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of Multiply, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. *Content Posted by Members on the Multiply Site "You are solely responsible for the content that you publish or display (hereinafter "Post") on the Multiply.com website", or transmit to other Multiply Members, including but not limited to photos, profiles, messages, notes, text, information, music, and videos ("Member Content"). this is the link of the terms and regulations in this site: http://multiply.com/info/tosWala ito sa kampihan, ang kaso ay nasa kung saan mo i-uupload ang iyong mga imahe. Hindi na kasalan ng kahit sino maliban sayo kung nakaligtaan mong basahin ang Terms of Service and Use. eto lang kung ayaw mo makuha yang pictures mo sana hindi mo inap-load dito in the first place... and think again kung sino may kasalanan dito. |
 | amaconda = thanks for your complement dont worry i will tell him about this...but totaly im just aware of these to person
eijisama = ang tanong...alam ba nya na si alodia ang artist?...no body told him its just this person gave this photo to the artist and just ran away...
i know your protecting alodia but try to thnk of if...paano mananakaw yang pic kung hindi kukunin ng isang tao na malapit sa kanya...maaring naibigay nya sa isang close fan or sa isang friend na malapit sa kanya...eh itong artist na ito eh wala syang koneksyon tungkol o ano pa man kay alodia...
ayaw ko sabihin pero sorry ALODIA!..."NAGING PABAYA ka! sa mga ginagawa mo" Hi Karlonne~ You seem to be a close friend with the artist involved and I applaud you for protecting him/her. But please watch your words, they are all victims here. NO ONE WANTED THIS. You make it look like it is all Alodia's/Tricia's fault (Which we all know is NOT TRUE).
You accuse Alodia of being "PABAYA". Well, don't you think the artist (Your friend or whoever made the poster) is the one who is "PABAYA"?. As an artist, you have a responsibility for your works. He shouldn't have just accepted the picture; no questions asked. diba? More so, it was from his assistant am I right? Assistants are there to ASSIST. You as the artist/boss should be responsible for whatever material your assistant gives you as he/she is less experienced as you are. And even if it wasn't his assistant that gave that photo~ He still should've been responsible for his own work.
"paano mananakaw yang pic kung hindi kukunin ng isang tao na malapit sa kanya...maaring naibigay nya sa isang close fan or sa isang friend na malapit sa kanya...eh itong artist na ito eh wala syang koneksyon tungkol o ano pa man kay alodia..."
Iv'e known Alodia for so long now and I CAN ASSURE YOU, She never gives high res photos to anyone. True the artist has no connection what-so-ever with Alodia, but ~duh~ the picture is on her deviantart and multiply page. He might have (Well, I'm quite sure he got it from there) got it from either one of the two. And don't go telling us it was Tricia/Alodia's fault for posting the pictures online because they clearly stated the rules~ NO USING OF THE PICTURES WITHOUT THEIR PERMISSION.
So on the being "PABAYA" part, Alodia & Tricia are clearly not at fault.
"he said he was just used because he want the money for his family because he is a freelance artist and a low class person live in poverty...you cant blame him to make that poster..."blame the person who stole your pictures ALODIA!"...everyone can be use againts you remember that...this person who took your picture is someone who is very related to you!....cause i had investigated this...w/ my connection (ninja guild)"
1. POVERTY IS AND NEVER WILL BE AN EXCUSE FOR COMMITTING CRIME. I understand he is doing it for his family and *giving him the benefit of the doubt* he did not know the picture was stolen. However, he should have bee more responsible.
2. The person who stole this picture can be someone who is not related in any way to Alodia. FYI~Deviantart is a place where anyone with internet access can look/save pictures.
3. and for added info~ 72dpi doesn't look bad on tarps. Also~ a low res photo can be easily resized to a higher resolution. Just adjust the percentage by 100% at a time.
"alodia = well you cant blame for being so rude at sometimes but yeah we might been living peaceful since our last talk about us but i dont want to bring taht up again...ok we might say its the artist or the photogrtapher or you
HININTAY mo PA ako magkaganito para sumagot ka!....wow thats new mukang ayaw mo ng maayos na usapan gusto mo pa sinasabihan pa kita ng ganito para magreply ka..."
WOW~ AT LEAST YOU KNOW YOU ARE BEING AN ASS. YOU ARE SO RUDE. Maybe if you said it in a nicer/more understandable way, Alodia would have replied.
AND WHO ARE YOU TO DEMAND A REPLY FROM ALODIA? I understand you are trying to help but you are doing it the wrong way. SERIOUSLY, Do not accuse or judge a person ESPECIALLY WHEN YOU ARE NOT EVEN FRIENDS/COLLEAGUES TO BEGIN WITH. How can you judge someone you do not know personally?
Did it ever come across your mind that Alodia did not want to reply because she did not want any more unnecessary drama? They are fixing this their own way so go mind your own business. If you want to help, at least do it the proper way! Hindi ganito na NAGKAKALAT KA sa page ni Alodia.
TAKE CARE :)
|
| thanks for your comment i really appreciate that...
i know we might have an AWFUL past before and it is been settled both of us...the reason why i end up saying those things its becuase lahat ng fans nya puro nalang sya lagi ang tama na alam mo naman na nagkamali din sya..
i dont care if she replies or not dapat alam nya pagkakamali nya kahit pinsan nya i know you are also protecting her and i respect that...kaya ganun ako nagsalita sa kanya dahil some of her fans are too stuborn and they really want to pick a fight just to say na TAMA SI ALODIA
hindi lang ito ang issue nya...the problem of her is kapag gagawa sya ng mga bagay na gusto nya dapat minsan isipin nya na ano ang kahihinatnan ng mga gagwin nya...
kung sana hindi sya magkaakproblema ng ganito kung hindi nalang nya NAI-POST ang pics nya..HELLO! INTERNET YAN MARAMING kukuha talaga ng pics nya ng walang paalam...
at kung sana binaban nya ung resolution or what so ever but the best thing sana hindi nalang sya nagpost ng pics kung alam mong maraming gagawa ng masama sa kanya
well BUTI nalang at ginamit sa TAMA ung picture nya...kung nagkataon na MASAMa ang gumawa eh maaring napahamak sya..
atleast the pic end up good...ano pa bang gusto nya?
alam mo naman sana ang fans nya masasabi mong mabuti ang lahat ng fans nya pero totoo ba na mabuti sila?...some can use her w/o her notice or consent
pero sana naman sa susunod na gagawa sya ng problema hindi nalang sya humingi ng tulong dito kc ang hirap sa kanya medyo nagtiwala sya iba...hindi naman masama magtiwala pero sana naman naging responsable sya na dapat inalagaan nya ang mga gamit nya.
i may be rude or anything but all i can say im just a MIDDLE MAN listening to each others side...
NO ONE STOOD UP for the artist kaya ako na ang gumawa kc he need someone to tell his story...he also know that poverty is not the reason pero sa nangyari wala talaga syang alam kung hindi sumunod sa utos ng superior nya kahit labag sa kalooban nya. i also told him before went to this problem i said to him na sana NAGDRAWING nalang sya or sana kinausap nya ung model bago sya gumawa ng hindi sya nagkakaproblema ng ganito.
i hope we know now the main problem of this topic... "who is the thief?"
willing makipagtulungan ung artist kay alodia to CLEAR THEIR NAMES...if you could help me also kc 3 of us is still finding the person who stole the pic and gave it to the artist...
im really sorry if i approached in a wrong way kung hinayaan lang nila ako magsalita for the artist pero parang ayaw nila marinig kaya hinayaan nila magalit ako sa page na to...
you cant blame me like this its because i also came in to this issue way back before alodia did and i have deal with this problem alone...
if you could pls tell alodia to talk to the artist and im willing to present him to her so that they could fix these things out...
i will wait for your reply
thankyou and take care |
| ^we are not saying na tama si alodia. We are merely showing that she has our support. I understand the artist, PERO, professionalism goes first to me. And that means asking some simple questions to your EMPLOYER. Only a fool would work for someone na hindi man lang nagtatanong kung ano ang ginagawa nya. At basta basta sumusunod sa utos ng superior nya.
yan ang problema eh, you keep thinking and saying na we're fans of alodia. YES. WE ARE. but that does not cloud our judgment. We are aware of the said rules, and we are ALSO aware of what ALODIA has posted on her page. Ang itsura kasi, you want her to cry over spilled milk. the way you say things to her makes it sound so wrong, so rude and so impolite.
Again, you should learn to control your temper. Hindi komo kinokontra ka ay pinagpipilitan namin na tama si alodia.
Hind dahilan na hindi ka napagbibigyan protektahan yung isang tao para mambastos din ng isang tao. though it would have been better if the artist spoke for himself.
Again, as you have read, they have done whatever action must be done. there is no more need for outside intervention. It is better kung papabayaan mo na lang, para matahimik na ang lahat. |
 | mgosings wrote on May 12, '08, edited on May 12, '08 Hi Karlonne,
I usually don't post comments in multiply but a lot of what you said is problematic. First of all I hope you don't let any personal feelings for or against Alodia, and for or against the designer to cloud your judgment. I know a lot of her fans are defending her, but even if they didn't, stealing will always be stealing.
Yes, pictures are posted all over the internet, but almost all of the images in the internet are protected by copyright. Even in using stock pictures you have to ask permission and credit the person you took the picture from. We have to keep in mind is that the designer took the picture for profitable purposes. It's different when you take a picture, make it into your desktop wallpaper as it's for a personal reason, but a professional designer like him should know by now that sooner or later someone will notice that he ripped the picture off. Would it be so hard to ask for permission?
For the production house and the superiors of the designer, I trust that they already know what is stealing or not. I am not condemning the designer if he merely followed orders, but the production house denies that they have anything to do with it. They should be held liable.
I hope you don't take this the wrong way, but we who have spoken about this issue is concerned about the rights of artists. Alodia is not the only victim here; Tricia is too. I am beginning to think that most people don't understand the work and effort that they put in when they have a photoshoot. |
| ^amen. It's good to know that this great comment debate has ended.
and you're right, it really is saddening to any artist na manakawan ng kahit ano'ng creation nila, no matter how small it is. |
 | Hmm... I wonder what happened to this issue? I hope Ms.Gosiengfiao or the photographer could post updates on this case/issue. I am really interested who will win this case. ^ ^; Makapagtingin nga ng similar cases.
edit::
In my primary research, posting Multiply Terms of Use was only a little helpful to this case.However we can clearly see that Multiply and its successors (not the members) are granted access to content of members without asking permission from the owner of the content. In other words, if a member, besides the photographer/owner of picture in this case used this picture directly or made derivations is a copyright infringement. And can be basis for filing a law suit.
However, copyright is not necessarily automatically given(this is to clear up statements regarding copyrights of the photographer). Some countries need the author to register the work before the government grants copyrights.For countries who apply the Berne Convention(BC) standards copyrights is automatic. (I am not sure if the Philippines does apply BC standards). Furthermore, it would have been more helpful if there had been a watermark or trademark in the picture. Though trademarks are not the same as the copyrights, it serves as an identifier to the person who has created this work (not necessarily the one with copyrights), thus their presence in further art work of the photographer can help her save annoyance in the future.
Furthermore though, we would commonly tag it as an edit, for law suit purposes it would be better to call this(refers to graphics in the poster) as a derivation(please correct me if necessary) and only the one who has the copyrights can produce so, unless with permission of the copyright holder.
By all means it may seem that indeed the law is to the favor of the photographer, however in defense of the graphic artist if he can prove that this is a case of fair use, he might win the case.
Here are the factors of Fair Use:
"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
Fair Use takes priority over disclaimers and policies set by the copyright owner. I also suggest that the complainants look to the direction of plagiarism, which is using someone's words, ideas, images, etc. without acknowledgment—is a matter of professional ethics. Copyright infringement and plagiarism are not the same.
In conclusion to this edit: As I have stated earlier I wish that this issue still be updated and comments be made on this post. As to answer future comments regarding my intentions in posting, I am not here to start another harsh reply chain of messages but for healthy discussion, an actual formal debate (not street ones). I tried to be as unbiased as possible with my reply. I'll try to improve this post and explore palgiarism after feeling content with my exploration on copyright infringement. ^ ^...
personal opinion: However, I would want to know as to want the photographer really wants to get from this case, uhmm much like her demands for compensation. I feel it's much easier to support from there than everyone pushing you on to sue u ___u
Well I'm really sorry for the photographer and the graphic artist,production company as well. But someone must take the blame as always but I really wish it would just be settled peacefully. |
 | oh..... I'm so sad about this blog.... umm.. miss alodia.. plsss let me help you about this... i will teach them a lesson!!! if only i was there for you in that time... i will do everything just for you... oh men.. I'm so mad about this.. and I'm so worried with you... hope that you are ok... plsss reply to this that you are ok... plsssplssss..... |
 | Teka, teka, teka, saan ba nakatira itong mga gumawa ng event na to? SUGURIN AT BALATAN SILA NG BUHAY, TAPOS KALADKARIN SA LIKOD NG MOTORSIKLO!!! |
Comment deleted at the request of the author.  | Start putting watermarks in every pic you post. You can download a program called Arles Image Web Page Creator that automatically put watermarks in your pics or other similar programs. |
 | I knew this was familiar! O_O
I saw this while I was working as an intern in DoT... O.o |
 | hello...Edjie, I'm kind of guilty about this...!!! even though I don't rely gain anything out of it, it makes me shiver every time I upload videos of you...!! not being able to ask permission was my mistake and I would like to say xuri...!!! nyx time i make videos for you, i'll remember to ask permission from you n' people involved, thx...!!! more power!!! |
 | Hay nako Karlonne. Just talk in Tagalog while stating your claims or whatever. Your English needs work and with you commenting like that, you're just a little kid who does not know anything. At the end of the day, Alodia and her friend wins this case because their rights were violated. Common sense darling. Think please. |
 | Your artist friend is a no good fraud. He stole the pic its just that plain and simple. I really don't know where all the other side topics are coming from.
It definitely took a lot of effort to do this photo shoot. I can just imagine, Costume, Makeup, Preparation, Travel time and the actual session. In the end, you guys just pirate the whole thing.
"A' has all the right to get upset. WTF are you babbling about that is her fault. Your friend is a crook, Plain and extremely simple. |
 | Well... That sucks,Alodia... =P Wala talagang magawa maganda mga yan. They should pay you for Copyright Infringement.
BTW,thanks for visiting my site... *akala ko aadd mo na me =(* =)
Merry Christmas and Happy New year! =) |
 | sana po... maaksyunan po yan kasi kung hindi,, nandito kaming mga taga hanga mu!!!!! ingatz!!!! |
 | Ms. Gosiengfiao, I'm using your pic as my banner, just a fan.(asking for your permission.)
I'll help spread the word~ good luck with the case. |
 | haha?
WTF?
dunno anythng bwt
ds stuff? |
 | Baka wla lng silang magawa sa Buhay..... |
 | IS THE PROBLEM SOLVED ALREADY?? |
 | hope you got justice already...:-) |
 | bakit ka nga ba nag mumultiply? e pwede ka naman gumawa ng sarili mung site diba? www.alodia.com? wala ka bng author? |
Comment deleted at the request of the author. Comment deleted at the request of the author. Comment deleted at the request of the author. | |
