RickyB

[John Galbreath Jr.]

I have been communitacting with the webmster of http://www.offroadfabworks.com.

I posted this here rather than open forum due to this guys last reply. This is a young kid, I think a Sr. in high school. Do you want me to push for the cell phone number offered?

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John Galbreath Jr.

Subject: Unauthorized Use of FireLogs Vehicles.

This concerns http://www.offroadfabworks.com/

According to this quote from your webpage:

I had my first website on angelfire's free hosting service (owned by lycos) in 7th grade and owned "magnethead794.com" for the first time in 8th grade through a quickly-defunct 1 dollar hosting company. This was also when i first learned HTML. In school, I took BCIS (Business Computer Information Systems) in 8th grade, Webmastering in 9th grade, CMAT (Computer Multimedia and Animation) in 10th grade, Computer maintenance in 11th grade, and am currently in Computer Science this, my senior year. I know HTML, CSS, Javascript, a large chunk of PHP, and the basics of Java. My web editor of choice is Macromedia (now Adobe) Dreamweaver MX 2004, although i do much more editing just in plain text editors, which i also prefer, as it keeps me sharp in remembering the syntax of different codes simultaneously and makes me do my own troubleshooting. I also have Macromedia fireworks MX 2004, Paint Shop Pro 7, and Flash 2004, as well as Pinnacle (now Avid) Studio 10 with green screen. I currently manage/administrate 3 websites- OffRoadChat.com, USA6x6.com, and OffRoadFabWorks.com, as well as help administrate the vBulletin end of Racing-Forums.com.


The background picture on the homepage is of the FireLogs Single Seater Comp Buggy. The background picture on the Links page is of the FireLogs Purple Jeep. Both of these Photographs are copyrighted by RickyBPhotography.com. I do not own the rights to the images, but you do not have permission to use the likeness of the FireLogs vehicles without authorization.

I demand immediate removal of these images. If you continue to use them past 3-15-08, further action will be taken.

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[email protected]

I only administrate and webmaster them, i do not own nor pay the bills for them. I live in texas, while the owner lives at the location of the off road shop. Using the information provided on the website or the WHOIS database is the best way to contact the proper owner.

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[email protected]

I have forwarded your email to the shop owner. You should hear from him in due time.


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John Galbreath Jr.

Thanks, that’s all I can ask. My searching has also found this person claiming to be the web designer.

http://web-lizard.com/sites.htm

If possible, can you explain the relationship?

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[email protected]

hmm..

To be honest, the owner's kind of a hear and there person. If you look on a few forums, he's had a very bad rap sheet formulated up. I called him and sited the change (I have it laid very different and basic), he said he'd been messing around with it since i was unavaliable (between school and work, i'm pretty well consumed). With he being computer illiterate, that fills the questionmark i had. Calling the shop phone may or may not get you through to him. If you can't get ahold of him, i'll give you his cell number. You just have to say you got it off an information database (Which you probably could anyways if you tried hard enough).

 

[Speeding]

No cell number needed at this point. I'm going to give them a few days to answer my Email. Might post up on PBB after that. I know it's dumb but I really don't want to deal with this guy over the phone.

 

[John Galbreath Jr.]

Here is my email to the web designer. Looks like it should be a non issue. But, he does throw some darts in his reply.
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I am indeed the designer for www.offroadfabworks.com. I understand your concern completely, however, I pulled thesepictures from www.google.com and saw no indication thay they are under coptright. I have also been to RickyBPhotography.com and saw that his pictures have his watermark at the bottom of the mages. The pictures that I used did not. I agree they do look the same, but how can you be certain these days. I will alter the images on both pages today. Thank you,

Corey Allen
[email protected]
(423) 472-8579
www.web-lizard.com


-------- Original Message --------
Subject: Unauthorized Use of FireLogs Vehicles.
From: "John Galbreath Jr." <[email protected]>
Date: Tue, March 11, 2008 7:14 pm
To: <[email protected]>
According to this page:

http://web-lizard.com/sites.htm

You are the site designer for http://offroadfabworks.com/


The background picture on the homepage is of the FireLogs Single Seater Comp Buggy. The background picture on the Links page is of the FireLogs Purple Jeep. Both of these Photographs are copyrighted by RickyBPhotography.com. I do not own the rights to the images, but you do not have permission to use the likeness of the FireLogs vehicles without authorization.

I demand immediate removal of these images. If you continue to use them past 3-15-08, further action will be taken.


John Galbreath Jr.

 

[John Galbreath Jr.]

fOLLOW UP: i ONLY ASKED HIM TO REMOVE THE FIRElOGS LIKENESS, NOT ALL YOUR PICTURES. tHAT'S YOUR JOB

Damn caps lock, so I yelled at you, worse could happen.

 

[Speeding]

I got an email from Cory, dude who does the websites in question. Here was my reply.

Thanks, I realize you were probably just using what you were given by the site owners. However, every image I've ever uploaded to the 'net has had my tag somewhere on the image, so all of those photos must have been cropped before you received them. Here are a couple of the photos used, linked directly from a website I run, GrayRockORV.com. You can clearly see the tag.

http://grayrockorv.com/SpringFling07/DSC06313.JPG

http://grayrockorv.com/FebFrenzy07/DSC02985.JPG

I can show the rest if necessary. The photos photos may remain, but if they do a limited rights web use fee of $200 per image must be paid. There will be a copyright infringement penalty fee regardless of if they get pulled from the websites or not. Please forward this message to the owners of the websites as I have not been able to get in touch with them myself.

Thanks,

Ricky Berry
www.rickybphotography.com

I was kinda wingin' it on the copyright infringement penalty fee. laughing1

 

[Speeding]

So you are charging them a $200 penalty per image used even though they didn't have your stamp on them? I can understand pulling the images, which I have done, but still charging? come on. I don't want this to reflect on my business, thatis why I immediately removed the images as soon as I was made aware of the issue. Please concider this as an honest mistake and drop the charges, as that is what would probably happen if this went as for as going before a judge. You asked that the images be removed and they were, charges are not nessesary. Thank you,

Corey Allen
[email protected]
(423) 472-8579
www.web-lizard.com

 

[John Galbreath Jr.]

Any beef you have is with the site owner, not the designer.

Assume Randy Morris gave you a pic to put on his site and the same thing happened to you. You would immediately pull the pic, but YOU would not think you should pay a penalty for your roll. This guy is nice, give him a break, but use this to get all the inrormation he has on Darrell. Also let him know you would be delighted to work with him in the future on a discounted rate for using your pictures prior to use. Turn this to a win win.

I have Darrells cell number

 

[Speeding]

Well I'm still on these guys about the photos. The site builder removed one or two photos and claims they're all gone. This is turning into a pain in the butt. :

 

[John Galbreath Jr.]

Well I'm still on these guys about the photos. The site builder removed one or two photos and claims they're all gone. This is turning into a pain in the butt. :

Copy the pictures that are yours, send him a bill for their use.

 

[Speeding]

Copy the pictures that are yours, send him a bill for their use.

At this point all I want is the pictures removed. Getting any money out of those fools will be more trouble than it's worth. I've sent the webmaster the last nice guy email, he's made me work way too hard to prove the pictures are mine.