[PRCo] [Fwd: Unauthorized use of my photos sent to list members]

[Fred W. Schneider III]

The message below shows one person's problem with a supposedly reputable
magazine's attitude toward his intellectual property rights.  The
message is forwarded with permission. 

kenneth.lin at att.net wrote:
> 
> List members,
> 
> Last year, commensurate with the introduction of the new
> R-142 subway cars in revenue service in New York City, I
> sent to Bill Vigrass's list members a number of digital
> photos of these subway cars.  These photos were for
> intended for personal use only, there was a statement as
> such, and each photograph was labeled with a copyright.
> 
> List members should be aware that list member Murray
> Hughes of Railway Gazette International Magazine decided
> to publish one of my photos in RGI (July 2000) without
> my approval and without compensation or photo credit.
> Indeed, this magazine cropped out my copyright notice
> which appeared on the bottom of the published
> photograph. The fact that an erroneous caption appeared
> along with the photos only added insult to injury.
> 
> An attempt to reach an amicable settlement with RGI has
> proven fruitless. RGI claims that despite the copyright
> and disclaimer, my photos sent to their list member
> constituted permission for them to publish those photos.
> Murray Hughes  further stated that if I didn't want RGI
> to use the photographs I should not sent him any!  Thus,
> for those who may in the future decide to share photos
> among us, please be guided accordingly by that statement.
> 
> I am saddened that a magazine of normally professional
> repute should knowingly decide to use copyrighted
> photographs without approval, credit or compensation.
> 
> Kenneth Lin
>