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Re: [Orchid] The big screen....  
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From: Augest
Date: Wed Aug 09 00:59:03 2006
 
     
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Hello,

    The pictures you saw online that were used without permission were
    risky. Whenever you use someone else's pictures, art, etc without
    permission you are taking the risk of being sued. With copyrighted
    material, it falls upon the owner of the copyright to defend their
    property in court. They assume all costs involved with prosecuting
    for copyright infringement. Now it is possible that many artists
    cannot afford to take on the expense of hiring an attorney etc. They
    could do it, and then get the court costs reimbursed to them from
    you if they win the suit, but that is a risk they assume. If you are
    dealing with a big studio, or even a moderately sized venture, you
    can BET they can afford to prosecute you for infringement and I can
    pretty much assure you they WILL. Big studios have stables of
    lawyers just waiting to be sicked like guard dogs on anyone who dares
    to trespass on their domain. They probably would send you a "cease
    and desist" letter first, giving you time to pull the pictures
    off-line, but I'm not sure they even have to do that. It simply isn't
    worth the risk in this case. Since you had some involvement with the
    movie, however small, you already have a leg up. Find out who you
    need to contact to get the legal permission you need. I personally
    think you have a perfect right to use pictures of your design on your
    website, or to promote your business, but unfortunately, I do not
    think you have a LEGAL right. I could be wrong about some or all of
    this. I only had one business law class! If you really want to know
    what your rights are and what risks you are assuming, contact a
    business lawyer to find out. My two cents is free, their's might cost
    you something. 

Augest Derenthal
Cry Baby Designs
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