[AT] Titan tractor print
charlie hill
chill8 at suddenlink.net
Mon Jul 30 13:45:57 PDT 2007
The latest version of my appraisal software has a tab on the tool bar at the
top of the report screen that says "copyright". If I click that tab it
prints every page of the report with a "watermark" (for lack of a better
term) that says Copyright and it adds an addenda that spells out
specifically what the use of the document is allowed to do with it. I've
copied that addenda below if anyone wants to see it.
Of course this doesn't apply directly to anything we are interested in on
this list but the legal pricipals are the same. To some of you this might
sound like appraisers are trying to be horse's A$$es but that isn't the
reason for it. The reason for it is to keep us from being sued for
"unintended consequences" arising from some unauthorized use of our report
for an unauthorized purpose and to make it harder for lenders and appraisal
management companies to "mine" data from our reports in order to build
automated valuation models that ultimately put us out of business.
I don't like using this kind of stuff and I don't suspect the libraries and
other organizations do either. It's just where this world has come to. You
have to have a lawyer in your pocket for the most insignificant little
things or risk having another lawyer take every thing you have. I know you
guys don't give a crap about the problems of appraisers and that isn't why I
offered this. It's just for the benifit of folks interested in and/or
affected by copyright issues.
By the way, the purpose of this is in no way to get someone to pay for the
"unlimited use license". If you notice there is no mention of the fee
amount to do that. The purpose is simply to make folks comply with the
"shall not" part of the "limited use license". If anyone does want to know
more about this contact me off list and I'll try to answer as best I can.
Charlie
UNLIMITED USE LICENSE AGREEMENT
This Unlimited Use License Agreement (''LICENSE'') is a legal agreement
between you (either an
individual or a single entity, also referred to as (''LICENSEE'') and me,
the creator (''OWNER'') of
this work. This LICENSE is granted to you in consideration of payment of the
LICENSE fee and
upon condition that you accept the terms of this LICENSE.
By purchasing this LICENSE, you are granted a non-exclusive,
non-transferable LICENSE
as follows:
Unlimited Use. LICENSEE to use and copy the WORK solely or any derivative
thereof outside
of your organization for any purpose.
Fee. An additional fee will be applied
Notice. LICENSEE shall include the copyright notice on every copy of the
WORK. Unauthorized
use, including copying of this WORK is expressly prohibited unless an
Unlimited Use LICENSE is
obtained.
Warranties. OWNER WARRANTS THAT IT OWNS OR HAS THE FULL RIGHT AND
AUTHORITY TO LICENSE THE WORK.
This LICENSE represents the entire understanding between the parties with
respect to its subject
matter.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY ACCEPTING THIS, BY
LOADING, OR BY PLACING OR COPYING THE WORK ONTO YOUR COMPUTER HARD
DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS.
FURTHER AGREE THAT, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE
STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
ALL RIGHTS NOT SPECIFICALLY GRANTED BY THIS LICENSE ARE RESERVED BY
OWNER.
By not purchasing this LICENSE, you shall receive a Restricted Use License
(''RESTRICTED USE'') to
use my WORK at no additional fee.
RESTRICTED Use - to use and copy the WORK solely for purposes of managing
the loan associated with
this WORK. The lender/client specified in this appraisal report may
distribute the report to: the
borrower; another lender at the request of the borrower; the mortgagee or
its successors and assigns
for servicing said loan; and/or to all lenders in your organization to use
the WORK and to sell said
WORK as a package with the loan as intended.
Limitations on Restricted Use
LICENSEE shall use the WORK only for the purposes set forth in Section
above. LICENSEE shall not
Reproduce the WORK in copies or electronic form;
Prepare a Derivative work based upon the WORK;
Distribute copies of the WORK by sale or other transfer of ownership, or by
rental, lease, or lending;
in any form electronic, paper, or otherwise. This includes Internet
application or Software
application unless specified in this Agreement, including in any third party
proprietary format,
unless provided for in this Agreement;
Allow endusers to resell the WORK or a derivation, or to resell data or
services which are derived
from the WORK.
----- Original Message -----
From: "Larry D Goss" <rlgoss at evansville.net>
To: "Antique tractor email discussion group" <at at lists.antique-tractor.com>
Sent: Monday, July 30, 2007 2:42 PM
Subject: Re: [AT] Titan tractor print
> You hit the nail right on the head, Ron. People are "publishing" their
> family tree on-line using information from public records and organizing
> it
> with software that takes the information and automatically formats it in
> readable form. Unfortunately, the courts have held that the person who
> does
> this DOES in fact hold the copywrite to the material IN THAT FORM.
> Personally, I don't see it.
>
> I think the UNC site needs another category in the chart. Note "2)" in
> the
> definition says that the proper forms have to be filed for the copywrite
> protection to be valid, but there has been a change in that stipulation.
> I
> don't know the exact wording, but it basically is that the person who
> generates the material owns it and can claim it as his or her intellectual
> property regardless of whether or not the forms have been filed. If I
> remember correctly, it was decided on the basis of "case law" rather than
> on
> the basis of statutes.
>
> It's lots of fun out there -- especially for the lawyers.
>
> Larry
>
> ----- Original Message -----
> From: <RonMyers at wildblue.net>
> To: "Antique tractor email discussion group"
> <at at lists.antique-tractor.com>
> Sent: Monday, July 30, 2007 11:45 AM
> Subject: Re: [AT] Titan tractor print
>
>
>>I think I will put all the pictures of everything pertaining to tractors
>> on the Web so I can claim them as mine and then make all of you pay me
>> for
>> their use.
>> Where does this Wis. Histerical soc. get off with this stuff. That
>> copyright ran out so many year ago that I can't count them up.
>>
>> I see people put their family tree online and caim that no one can use
>> any
>> part of it boy people sure have a lot Gall.
>> Goto the library of congress site and look up copyright laws.
>>
>> Ron
>> -----------------------------------------------------------------
>>> Unless the library has tracked down the original copyright holder and in
>>> some manner obtained those rights, these images are most likely now in
>>> the public domain and you can copy them at will.
>>>
>>> But you'd need to do your own research to decide whether you can just
>>> ignore the claims of ownership. My approach would be to just ignore
>>> them.
>>>
>>> Rick
>>>
>>>
>>>
>>> -----Original Message-----
>>> From: at-bounces at lists.antique-tractor.com
>>> [mailto:at-bounces at lists.antique-tractor.com] On Behalf Of JParks
>>> Sent: Friday, July 27, 2007 1:11 PM
>>> To: Antique tractor email discussion group
>>> Subject: Re: [AT] Titan tractor print
>>>
>>> Larry
>>> I agree that this is a pretty gray area. It is gray in so many ways,
>>> whether it is a copy or even the original. I'm more appalled by
>>> businesses
>>> and individuals patenting pieces of nature. e.g. plants which have been
>>> on
>>> the earth for millions of years. The next step would be to patent and
>>> protect the elements on the periodic table, requiring us to submit
>>> royalties
>>> to the owners of the patents. I hope I haven't given anyone any ideas.
>>>
>>> John Parks
>>> Boise, Id
>>> ----- Original Message -----
>>> From: "Larry D Goss" <rlgoss at evansville.net>
>>> To: "Antique tractor email discussion group"
>>> <at at lists.antique-tractor.com>
>>> Sent: Thursday, July 26, 2007 10:47 PM
>>> Subject: Re: [AT] Titan tractor print
>>>
>>>
>>>> I've been chewing on the inside of my lips all afternoon and evening
>>> because
>>>> of your email, John. That is a nice print. The image reminds me that
>>> I
>>>> have a digitally restored photograph of three Titan's with plows
>>> attached
>>>> and parked in front of the local IH dealership after field testing
>>> them in
>>>> Posey county, Indiana. The original photo was on the wall of the
>>> dealership
>>>> and the owner loaned it to me to see what I could do with it. So I
>>> did a
>>>> high-resolution scan of the photo (out of its frame) and then tweaked
>>> the
>>>> image to clean it up, bring back the brightness and contrast, and
>>> print it
>>>> out at a larger size than the original. I gave him back three or four
>>> good
>>>> prints of it and a copy of the digital photo file.
>>>>
>>>> I do this sort of thing regularly with the thousands of photos that I
>>> have
>>>> custody of through genealogy work. It really gets interesting when I
>>> see
>>>> claims of ownership like the one that accompanies the Wisconsin
>>> History
>>> file
>>>> that you listed. I ran into a similar claim of ownership of
>>> historical
>>>> photos in a library in Colorado -- not to be copied or modified, etc,
>>> etc,
>>>> ... I recognized some of the photos in the library holdings as being
>>>> identical to photos I have in my own collection. The frustration
>>> level of
>>>> the poor archivist at the library nearly reached the breaking point
>>> when
>>> she
>>>> saw that I had a number of photos that were obviously identical to
>>> their
>>>> holdings and that many of mine were in better condition than theirs.
>>>>
>>>> The bottom line is that libraries and historical societies are going
>>> to
>>> have
>>>> a difficult time trying to uphold their claimed ownership of items
>>> such as
>>>> this while making them accessible to the public at the same time. The
>>>> philosophy of a great number of these organizations is that of
>>> protectionism
>>>> rather than free access.
>>>>
>>>> Larry
>>>>
>>>> ----- Original Message -----
>>>> From: "John Cullom" <jh_cullom at comcast.net>
>>>> To: "Antique tractor email discussion group"
>>> <at at lists.antique-tractor.com>
>>>> Sent: Thursday, July 26, 2007 12:16 PM
>>>> Subject: [AT] Titan tractor print
>>>>
>>>>
>>>> >I finally got around to having this old IH Titan advertizing print
>>> from
>>>> >1919 professionally mounted
>>>> > so it'll be preserved. I found it rolled up in an old outbuilding on
>>> my
>>>> > late grandfather's farm.
>>>> > Part of it was mouse eaten, but most was in good shape. I know there
>>> was
>>> a
>>>> > Titan on the farm many
>>>> > years ago, so I surmised this poster came with the tractor, or was
>>> an ad
>>>> > they got from the dealer.
>>>> > Here's a shot of it framed -
>>>> > http://oldengine.org/members/jcullom/print.jpg. Here's a writeup on
>>> the
>>>> > print from the Wisconsin Historical Society -
>>>> >
>>> http://www.wisconsinhistory.org/whi/fullRecord.asp?id=3557&formatNumber=
>>> 9999
>>> 000314.
>>>> >
>>>> > _______________________________________________
>>>> > AT mailing list
>>>> > http://www.antique-tractor.com/mailman/listinfo/at
>>>> >
>>>>
>>>>
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