----- Original Message ----- From: Cami Gilbert To: Sharon Lewandowski Sent: Wednesday, March 15, 2006 6:56 AM Subject: Re: picture theft????? I have sent the email below to vero. Thanks for finding those and for your help. Cami I recently sent in the vero form to take down the auctions listed below. After further research, there was not a copyright infringement that we can find. Please reinstate the following auctions. Our apologies. 8266020121 - Crazy Quilter With Fabric Mini Quilt Fabric Panel #2 8266025135 - Crazy Quilter Sewing Bag Mini Quilt Fabric Panel #8 8266048493 - Cat Lady Quilt Fabric Mini Panel #2 8266020901 - Crazy Quilter Pin Cushion Mini Quilt Fabric Panel #3 8266049098 - Cat Lady Quilt Fabric Mini Panel #3 8265996787 - Funky Red Spotted Cat Bow Mini Quilt Fabric Panel 8266009885 - Funky Pink Cat with Daisy's Mini Quilt Fabric Panel 8266001745 - Funky Green Cat, Yellow Spots Mini Quilt Fabric Panel 8266049778 - Cat Lady Quilt Fabric Mini Panel #7 8266049264 - Cat Lady Quilt Fabric Mini Panel #4 8266023465 - Crazy Quilter In Black Mini Quilt Fabric Panel #6 8266019471 - Crazy Quilter Sewing Machine Mini Quilt Fabric Panel #1 8266049411 - Cat Lady Quilt Fabric Mini Panel #5 8266005760 - Funky Red Cat with White Spots Mini Quilt Fabric Panel 8266022869 - Crazy Quilter Green Red Mini Quilt Fabric Panel #5 8266008484 - Funky Yellow Cat with Red Spots Mini Quilt Fabric Panel 8266026578 - Crazy Quilter In Yellow Mini Quilt Fabric Panel #10 8266021835 - Crazy Quilter Off To Class Mini Quilt Fabric Panel #4 8265998425 - Funky Yellow Cat with Pink Bow Mini Quilt Fabric Panel 8265999599 - Funky Aqua Cat with Red Nose Mini Quilt Fabric Panel 8266049598 - Cat Lady Quilt Fabric Mini Panel #6 8265995819 - Funky Lime Green Cat Bandana Mini Quilt Fabric Panel 8265997321 - Funky Blue Cat Thin Pink Bow Mini Quilt Fabric Panel 8266024418 - Crazy Quilter With A Red Bow Mini Quilt Fabric Panel #7 8266025846 - Crazy Quilter In Black Skirt Mini Quilt Fabric Panel #9 8266048264 - Cat Lady Quilt Fabric Mini Panel #1 Cami Gilbert Loralie's Assistant & Project Manager Cami@LoralieDesigns.com On Mar 14, 2006, at 1:41 PM, Sharon Lewandowski wrote: Hello Cami - I appreciate your remarks - your fabrics and designs have a gentle quirkiness about them and I understand your willingness to protect them. With the speed at which technology has developed it is really quite difficult to be on top of all the legalities Here is a list of the rest- 8266020121 - Crazy Quilter With Fabric Mini Quilt Fabric Panel #2 8266025135 - Crazy Quilter Sewing Bag Mini Quilt Fabric Panel #8 8266048493 - Cat Lady Quilt Fabric Mini Panel #2 8266020901 - Crazy Quilter Pin Cushion Mini Quilt Fabric Panel #3 8266049098 - Cat Lady Quilt Fabric Mini Panel #3 8265996787 - Funky Red Spotted Cat Bow Mini Quilt Fabric Panel 8266009885 - Funky Pink Cat with Daisy's Mini Quilt Fabric Panel 8266001745 - Funky Green Cat, Yellow Spots Mini Quilt Fabric Panel 8266049778 - Cat Lady Quilt Fabric Mini Panel #7 8266049264 - Cat Lady Quilt Fabric Mini Panel #4 8266023465 - Crazy Quilter In Black Mini Quilt Fabric Panel #6 8266019471 - Crazy Quilter Sewing Machine Mini Quilt Fabric Panel #1 8266049411 - Cat Lady Quilt Fabric Mini Panel #5 8266005760 - Funky Red Cat with White Spots Mini Quilt Fabric Panel 8266022869 - Crazy Quilter Green Red Mini Quilt Fabric Panel #5 8266008484 - Funky Yellow Cat with Red Spots Mini Quilt Fabric Panel 8266026578 - Crazy Quilter In Yellow Mini Quilt Fabric Panel #10 8266021835 - Crazy Quilter Off To Class Mini Quilt Fabric Panel #4 8265998425 - Funky Yellow Cat with Pink Bow Mini Quilt Fabric Panel 8265999599 - Funky Aqua Cat with Red Nose Mini Quilt Fabric Panel 8266049598 - Cat Lady Quilt Fabric Mini Panel #6 8265995819 - Funky Lime Green Cat Bandana Mini Quilt Fabric Panel 8265997321 - Funky Blue Cat Thin Pink Bow Mini Quilt Fabric Panel 8266024418 - Crazy Quilter With A Red Bow Mini Quilt Fabric Panel #7 8266025846 - Crazy Quilter In Black Skirt Mini Quilt Fabric Panel #9 8266048264 - Cat Lady Quilt Fabric Mini Panel #1 Best wishes Sharon ----- Original Message ----- From: Cami Gilbert To: Sharon Lewandowski Sent: Wednesday, March 15, 2006 6:06 AM Subject: Re: picture theft????? Sharon, I understand and you actually really helped us do a lot of research in this area, only to find that it was a misunderstanding on our part of the copyright. This can only help us in the future. The auctions I listed were pulled from your email you sent to me that had them listed from ebay. Do you have the other auctions that are not listed that we pulled? If so, I will send to reinstate those as well. I do not have the other auction numbers. If you do not have them, I will write a blanket statement to Vero to reinstate all auctions we pulled from your user id in the last few days. Just let me know and I will do this as soon as I hear back from you. Cami On Mar 14, 2006, at 1:01 PM, Sharon Lewandowski wrote: Thank you Cami - I hope you understand that I do not want to hurt your business in any way and have endeavoured to present all the fabric I sell in the best possible light, including yours. I notice from the list of item numbers you have sent to eBay that there are many missing from the original list of auctions that were pulled. Do you mind emailing eBay with the complete list Best wishes and good luck in business Sharon Lewandowski ----- Original Message ----- From: Cami Gilbert To: Sharon Lewandowski Sent: Wednesday, March 15, 2006 5:48 AM Subject: Re: picture theft????? Sharon, I met with our company president on this and he wanted me to reinstate your auctions. Our apologies. In review of your copyright statements, we have decided to no longer go after fabric being sold on ebay, only designs. Here is the message I sent to Vero to reinstate your auctions: Sent 03-14-06 I recently sent in the vero form to take down the auctions listed below. After further research, there was not a copyright infringement that we can find. Please reinstate the following auctions and clear any restrictions we may have caused the seller. Our apologies. 8266519386 - Funky Quilter Fabric Rolls Mini Quilt Fabric Panel #7 8266519873 - Funky Knitter - Purple Mini Quilt Fabric Panel #1 8266519632 - Funky Quilter Tape Measure Mini Quilt Fabric Panel #6 8266519025 - Funky Quilter Shawl Mini Quilt Fabric Panel #4 8266519210 - Funky Quilter Quilt Mini Quilt Fabric Panel #3 Cami Gilbert Loralie's Assistant & Project Manager Cami@LoralieDesigns.com On Mar 14, 2006, at 12:11 PM, Sharon Lewandowski wrote: Thank you, Cami ----- Original Message ----- From: Cami Gilbert To: Sharon Lewandowski Sent: Wednesday, March 15, 2006 5:01 AM Subject: Re: picture theft????? Sharon, I have contacted our attorney so he may give you the appropriate answer. As per my last email, it may take a few days. As soon as I hear back from him, I will email you the response. Cami On Mar 13, 2006, at 7:01 PM, Sharon Lewandowski wrote: Dear Cami I note that you cite the following quote to support your case: "As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner" The above is quote is partially correct, however you not quoting the full story. The point you are failing to grasp is that by agreeing to sell me the product (through a retailer freely advertising and displaying your designs on their website), you have granted me de facto permission to "reproduce, distribute, perform & publicly display" the image of the design. In effect, you have licensed me to do this by taking my money when you sold me the product. That's why I & every other customer you have agrees to pay you good consideration for the product, whether you or they, realise it or not. If you claim that your terms of sale do not include these rights, then you need to show me where you have specifically excluded any of these above rights, and how you specifically drew my attention to them & obtained my formal written agreement to them, prior to my purchasing your product. If you can't do that, then you can't prevent me from doing whatever I want to with the product that I have legitimately & lawfully purchased. It concerns me that you clearly have a fundamental misunderstanding of the protection that the law of copyright offers to a copyright holder. Copyright protects you against, amongst other things, the theft or improper use of your designs. An excellent example of improper use would be someone producing & selling fabric using your design without your permission. Copyright law absolutely allows you to take action to stop that sort of infringement of your design. However there is a huge difference between selling your design and selling your fabric. Copyright does not give you the authority to restrict the ability of someone to on-sell your product when that product is 100% legitimate (i.e., NOT a knock off) and which has been lawfully purchased (scans of receipts can be provided!). Further, copyright law does not grant you some automatic license to bully & intimidate for your own dubious and debatable purposes, legitimate traders who are doing nothing other than sell genuine product that was lawfully purchased. I therefore respectfully request that you contact eBay and instruct them to restore those of my auctions that you have incorrectly had pulled, as there has not been any breach of your copyright. I look forward to receiving your response by return email. Yours Faithfully, Sharon Lewandowski ----- Original Message ----- From: Cami Gilbert To: Sharon Lewandowski Sent: Tuesday, March 14, 2006 8:08 AM Subject: Re: picture theft????? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. On Mar 13, 2006, at 1:50 PM, Sharon Lewandowski wrote: I notice that you tell me your images are registered - I notice the United States Office of Copyright says I am entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. I quote you - "Because our images are copyrighted, we have the right to control where they are or are not sold. " the US Office of Copyright clearly disagrees Any comments on why this part of the legislation doesn't seem to support you? ----- Original Message ----- From: "Cami Gilbert" > To: "Sharon Lewandowski" > Sent: Tuesday, March 14, 2006 6:39 AM Subject: Re: picture theft????? If there are more auctions on ebay with our items, they are still ongoing because we have not found them at this time. Any auctions we find with our items we take down. So if you found some that we have not, the reason they have not been taken down is because we have not found them to notify vero about. As far as the copyright....we have registered our images with the United States Office of Copyright. This copyright can be seen on the selvage of the fabric. Because our images are copyrighted, we have the right to control where they are or are not sold. Part of our copyright policy states that they may not be sold on ebay and that selling on ebay is a violation of the copyright. When someone disregards this policy, we can take legal action against them. This is the part that would prevent you from being able to sell on ebay. On Mar 13, 2006, at 12:43 PM, Sharon Lewandowski wrote: Cami Gilbert Loralie's Assistant & Project Manager P 817.573.4015 F 817.579.5469 Cami@LoralieDesigns.com