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Intellectual Property Rights....

Old 11-24-04, 12:11 AM
  #1  
SSenorPedro
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As some of you may remember from a little while back, as well as about 2 months ago, I made a video of the Kryptonite lock hack. Still shots from my video mysteriously appeared in this month's edition of Bicycling magazine. This surprised me, as no one asked permission to use the material. I sent off an email through their generic mailer system and subsequently wrote it off.

Well just the other day I got this reply:

Hi Peter,

I am sorry about the confusion regarding your images of the Kryptonite lock in our December issue. That news item was a last minute addition and I received the website and misunderstood. I thought we had permission to use the images. I apologize profusely and can offer you useage fees to try and make up for this. Would $400 be okay? Please let me know as soon as possible.

Thank you,
Stacey

Stacey Emenecker
Photo Editor
Bicycling and Moutain Bike Magazines
135 N. Sixth Street
Emmaus,PA 18098
610-967-8744


This caught me off guard, especially their unprompted willingness to compensate me for the images. I sent off this as a counter-offer:

Ms. Emenecker,

Thank you for your prompt reply, I appreciate your willingness to accommodate me in this situation. It was just rather shocking to see the images in a publication without my knowledge, however, I understand how mistakes can be made.

In my previous experiences with stock photography I have typically been compensated $475-500 for usage fees, which I feel is representative of the industry. I would also appreciate some form of print recognition for the work, in order to validate it for future inclusion in my portfolio, etc.

Also, I believe that my subscription may have recently expired, but that would only be a pleasant nicety and is not essential by any means.

Thank you again for your reply; I look forward to hearing from you and resolving this situation amicably.

Sincerely,

Peter A. H*****
************
Portland, OR ***


I thought myself to be professional as well as reasonable in its content. Plus, it never hurts to ask for more

Today I got this back:

Hi Peter,

I would need an invoice to process the usage fees. I can give you $475. The invoice needs to include your address and social security number or tax id. We also require a W-9 form which you can find at

www.irs.gov/pub/irs-fill/fw9.pdf
You can send both the invoice and w-9 form to the address below.

I have told the mail section editor about printing a correction so you will receive proper credit. I cannot provide you with a subscription. The system was abused years ago so we aren't allowed to do that anymore.

Thank you,
Stacey


Well, needless to say, things worked out well and in my favour. As much as I loathe Bicycling magazine, I have to respect Rodale for their quick response and willingness to correct the situation. I just thought I would provide the resolution to that story for those of you that care....

Any suggestions of what to blow the cash on? I am leaning pretty heavily towards a torch and tube/lug set.
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Old 11-24-04, 12:20 AM
  #2  
dirtydan
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nice man! Way to go.
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Old 11-24-04, 12:42 AM
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pitboss
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buy me shoes.
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Old 11-24-04, 02:25 AM
  #4  
ephemeralskin
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Peter A. H*****
************
Portland, OR ***


trying to hide that you live in the usa?
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Old 11-24-04, 02:38 AM
  #5  
HereNT
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Perhaps hiding his zip code?
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Old 11-24-04, 06:54 AM
  #6  
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At least they acknowledge their mistake. Have fun with what ever you buy.

S/F,
CEYA!
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Old 11-24-04, 10:25 AM
  #7  
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Congratulations. You could buy a new lock...one that works.
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Old 11-24-04, 10:39 AM
  #8  
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So the 400 was under the table but the 475 goes through the system? Which is better?
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Old 11-24-04, 10:49 AM
  #9  
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Actually, the 400 probably would have required all that too. They just hadn't gotten to that part.

- They write a letter apologizing and with an offer
- He writes back accepting or offering a counter-proposal
- They accept or deny, requesting all the necessary tax stuff in the case of accept.
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Old 11-24-04, 11:45 AM
  #10  
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hahahah you're gonna put it in your portfolio?

"I'd like to thank the Academy...."
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Old 11-24-04, 11:52 AM
  #11  
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Originally Posted by *new*guy
hahahah you're gonna put it in your portfolio?

"I'd like to thank the Academy...."
haha, I was thinking that too....
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Old 11-24-04, 12:44 PM
  #12  
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Originally Posted by SSenorPedro

Any suggestions of what to blow the cash on? I am leaning pretty heavily towards a torch and tube/lug set.
Screw that. Buy a new frame!
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Old 11-24-04, 03:53 PM
  #13  
catatonic
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nice man, very nice. Dont let those bills go stale

As far as blowing hte cash....I dunno...maybe go for a CF ergo bar, and beer. Can't go swrong with beer

Last edited by catatonic; 11-24-04 at 04:13 PM.
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Old 11-24-04, 04:40 PM
  #14  
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Maybe you should put it in your "legal defense" fund. Kryptonite may be trying to figure out whose fault it is that there has been so much negative publicity. Now, "Bicycling Magazine" has officially designated you as the "source" of their black eye. Maybe they will be asking you to repay the cost of the recall, which is likely to be closer to 40 million dollars than to 400 dollars.



(Note: because "humor" is sometimes hard to detect - this is "official notice" that the foregoing is "humor".)
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Old 11-24-04, 05:09 PM
  #15  
SSenorPedro
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Thanks guys,

Naw, I don't particuarly have a portfolio of any worth at this point, or likely ever will. I'm not a professional photographer; I'm a mechanical engineer. Pictures are fun for me, they aren't (weren't)money.

I was just trying to play myself up as a person who knew what they were talking about in order to justify my request for a larger sum. Seems to have worked in this situation.

As for purchases, already got a NY 3000 U-lock and my replacement cheapo Krypto so I am good to go in that dept. Don't need a new frame, love the one I have. Carbon is icky in most circumstances, IMO. Beer will definitely be purchased, as well as a 2-3 year subscription renewal to DirtRag.

Had my torch set stolen about a year ago, just as I was getting all my frame building supplies together. So I think that will definitely be in the formula. Perhaps I should have mentioned I would like to build up a track frame, in order to keep the powers that be from mysteriously moving my thread.....
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Old 11-24-04, 05:55 PM
  #16  
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too late
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Old 11-24-04, 07:01 PM
  #17  
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Good example of something I have learned:

You said $475 - $500. You were thinking, gees $500 would be nice.

They read $475 is his price. Never give a range, unless you expect to get the low end.

Congratulations! Enjoy the publication and cash!
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Old 11-24-04, 07:15 PM
  #18  
Erick L
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You might want to read this: http://www.copyright.gov/title17/92chap5.html#504

People steal images from my website all the time. Perhaps I should do like this guy: http://www.kenrockwell.com/about.htm#site
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Old 11-24-04, 08:52 PM
  #19  
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Wow, that guy sure has some nice "volunteer work" gigs.
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