I did send Perry Klaussen two emails asking him to remove the photo from his site as I would not expect him to give an attribution given his past patterns of behavior. Now the photo has been updated further by additional cropping, adding an action figure on the roof top, going partial BandW, adding an ambulance and claiming some reader "Pinky" submitted this. The angles and shadows are still indicative that the orginal photo was mine. Really, has anyone ever seen a commenter called "Pinky" on his site or this just from the fantasy portion of his numb skull? If he thinks he is being clever this is really quite comical, disturbing, or downright sad.
I am not a litigious person by trait so I have decided to let this one slide and only this one. I have retained advice of an attourney and will have declarative statements on my website soon to better protect my rights. Should such trangressions occur again it is very likely I won't even need to spend a dime. Not all lawyers are always about the money. I have a few good ones on my side on this issue but I only need one to satisfy my sense of justice. For now I am content to be the winner in the court of public opinion. This only scratches the surface of the pathos and hypocrisy of Hoboken 411's proprietor.
This my friends is how pro business Perry Klaussen responds to a legitimate request over attribution intellectual property. He should consider my non-pursuit of this particular photo-lift an early Christmas present.
Update: On the very bottom of my site I have added the following phrase based on advise I recieved:
©Kurt Gardiner of The Hoboken Journal - All rights reserved
Going forward all use of my photos or any other content will require explicit permission. If you are a friends of mine in the blogging community and that would include the Hoboken Reporter, NJ.com's Hoboken Now, The Mile Square View, and the Boken Online a simple attribution with a follow up email will suffice. All other online entities must specifically ask for permission in advance with an email to kurt.gardiner@gmail.com. No exceptions.
Editor's Note: I do not have to be a registered commercial business entity to preserve the property rights to my work.
Original Post:
Perry Klaussen of the now infamous Hoboken 411 website is at it again. This time he is taking photos from my website and passing them off as his own. Just because he photo shops them afterward does not constitute "fair use".
I have asked him to pull his photo immediately and I will update you if I should get a response.
Here is my original high quality photo:
©Kurt Gardiner - All rights reserved
Here is H411's unauthorized re-use of my photo. It looks like Mr. Pizza lover can't get off his own butt and get his own photos. He should try it, it has helped me lose some weight:Share your comments below...... ◦