Rank Amateur
Brilliant_Rock
- Joined
- Feb 26, 2003
- Messages
- 1,555
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On 9/27/2003 5:04:36 PM valeria101 wrote:
Yeah, this is a radiant and I should say I like the squarish shape and the distinctive cut. The picture is showing far too much 'flash' for its own good and may mask inclusions, but I would not venture to say wether all those things in the stone are inclusions or not given this picture only... Sam for the color.
Just one question: is this one of Mr. Lauren's diamonds? The picture seems like one I have seen some time ago at diamondsbylauren.com and the style is definitely similar. I would bet the pic could come from that site... Is it? If not and you have not taken it yourself, take a look on that site just for safety.![]()
Ana----------------
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On 9/29/2003 12:26:57 PM DiamondExpert wrote:
RA, your 2nd example looks bad - the culet is way off center to the upper left quadrant - no better than a 'fair' symmetry in my opinion. Each of the face up quadrants looks completely different from all the others - just the size differences in the table are obvious.----------------
David, welcome to the forum. A few comments below in red:
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On 10/18/2003 11:44:27 PM diamondsbylauren wrote:
2) I found two uses after searching for only a few moments- who knows how many more photos have been used without my knowledge. Are you claiming to know every use of my photos here on PS? Have you read every post, every thread?
You may find this hard to believe, but yes, most of us follow nearly all the threads. The volume here on PS is not difficult to keep up with at all. However, that's beside the point. Even if it occurred 20 times, what's the point? This forum is strictly for educational purposes, none of which are exploited in the context of employment.
3)This is the internet, and of course it's totally impossible to completely prevent copywrighted material from being disseminated. You are correct- it IS polite for someone to request permission. It's also the the law, and right thing to do. {edited to add another comment by DBL: I do know, for sure, that people have both used my photos giving no credit to the me)
The proper term is copyright......with an r, not a w. (A distinction I point out only in case someone goes to learn more about it subsequent to this discussion.) Second, the law does recognize some uses that do not require permission.......it's called fair use. Fair use is intended to promote the advancement of progress and enhance the knowledge of the general public. Instances of fair use include purposes of criticism, comment, news reporting, parody, teaching, scholarship, or research. One individual's use of a single photo for a discussion on PS certainly falls within those exemptions.
On your comment about getting no credit.......attribution is a separate issue from copyright. It is intended to insure that someone doesn't plagarize, or pass off your work as theirs. In the context of copyright law, Garry is correct......it's polite to give credit to the copyright owner, but not required as a tenet of copyright law.
Fair use depends on a number of factors.....the purpose/character of the use (commercial or non), the amount used, the nature of the work, and the effect the use has on the potential market value of the work.
The nature of the use on PS is non-commercial.....for consumers to learn more about diamonds for their own personal knowledge and education in hopes of making a well-informed, smart purchase. It's typically individuals posting a single photo, not posting every picture of every diamond you sell. Further, it's hard for you to argue that using it on the net is damaging your potential market value when you yourself make those pics even more widely accessible on the net through listing on ebay.
If you're interested in 'educational value' the particualars of the diamond make the photo far more informative. Instead of just puting it up there and having people guess, I can positively identify any of our photos- we keep detailed records.
Perhaps that's true, but some may want unbiased opinions that are uncolored by someone who stands to profit from the sale of the stone. The potential value of the particulars may be somewhat diminished in that instance. Note that movie reviews are done for the purpose of criticism....which is how they include small clips from the film. The movie critics are not obligated to seek permission or even to notify the studio of their review under copyright law. The same is true for uses of photos for the purpose of criticism and/or individual scholarship/research.
4) I'm not looking for any money from the photos- BUT- I would like to prevent them from being used for fraudulent purposes. There have been cases of sellers using my photos and claiming they were selling that particular diamond- I do not want to see someone robbed by a crook using my photo.
I completely empathize with your point, but is has little relevance to use on PS. If this were the only place ill-meaning crooks could obtain copies of your images, that argument would have substantial weight. However, all one has to do is visit ebay to have the same access (and in fact, greater access to YOUR works by simply pulling a search of all YOUR auctions), so it's hard for you to make a case that the few educational uses on PS are the platform for crooks to operate from.
I would never use anyone's photo without asking for permission.
That's admirable, but again, permission (or notification) is not required by the law in all instances.
Of course our eBay auctions DO make it clear that we do not authorize use without notice. ......
Here's how I feel: I am not against folks using my photos for the purpose of education- I wouldn't even object if someone posts a photo because they think it's an ugly diamond- or they have a complaint against me- I simply want to know when my photos are being used soI have the opportunity to respond. Therefore I request that anyone wanting to use a photo from my website or eBay store email and ask- let me know where you intend to use it.
You certainly are entitled to make that request, David, and it would be polite for folks to accommodate it, but let's be clear that the law still doesn't require them to ask you/inform you even in the face of your request. Your request does not negate an individual's right under copyright law to make a fair use without your knowledge. Having said that, I imagine most folks here will be sensitive to your request as a courtesy.
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You're certainly entitled to disagree with my analogy, but the bottom line is this: the law treats both instances comparably. Neither use requires permission or notification of use to the copyright owner.
Knowing measurements, weight, and GIA info ( if it exists) can only assist those seeking to use the photos to educate about diamonds.
Perhaps, and if the person posting it feels similarly, I'm sure they'll ask you for those specs. However, it's not devoid of educational value without this information. The person who posted here simply wanted to know what kind of cut it is. It isn't necessary to have access to the cert specifications to answer that question.
If you wanted to use the photos to discuss the artistic, and photographic qualities, rather than gemological discussion, then that would be similar to the Movie Critic comparison.
Not so. This is a forum where amateurs come to learn about diamonds. Yes, several professionals (including yourself) frequent the site, but the primary function of this site is to educate the general public. Learning how to "see" inclusions, etc. is how all of us learn. This post started because an amateur asked what kind of cut it was. He can't ask the question by describing it. Further, it's a question so he can learn.....well within the mandates of fair use. The fact that it's posted to a diamond amateur forum doesn't negate its use as fair use...in fact, it strengthens the assertion of fair use.
Further...in the instances of critique, the critique is of the diamond.....an object. Commenting on inclusions contained within a diamond is not a commentary on your personally or on your company.
Again to be clear- I am not claiming that any PS members used my photos for illicit purposes
I didn't take your post to be an accusation at all. However, it's pretty clear that the person who posted the pic above just wants to understand what kind of cut this is. He's not making any complaint or beef about DBL, and you're still taking issue with him for having posted the photo. This is an educational use, and his use was indeed a fair use.
I have no objection to anyone complaining about me, or my photos or my company or products. Not that my objection to complaints means didly- but my purpose here is NOT to prevent anyone from airing legitimate beefs with Diamonds by Lauren, or me. Now that I have joined I'm sure any member wanting a FAIR forum would like to give me the opportunity to respond to critisism
Believe me, I don't believe that your comments are to stifle criticism or feedback at all....which is good. But I think you are looking at the use of your photos only as an opportunity to air a beef with DBL....and that's not the context in which this photo was used.....at all.
I don't think the photo itself could be taken as slander, but I cannot state that with absolute certainty. I would imagine it would be the accompanying text that could potentially be deemed slanderous. Perhaps LG could comment on that one.
Examples of uses that would NOT be "fair use".....1) if someone posted your pic to their own website which sells diamonds.....2) if someone were to sell the image (say as "art")......3) if someone were to represent your image as their own (which isn't a copyright issue but a plagarism issue)......4) if someone related to the diamond industry in a for-profit capacity (like an appraiser or perhaps a jewelery insurer) used your photo in their literature or displayed it.
Hope this helps.
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On 10/19/2003 4:40:07 PM diamondsbylauren wrote:
https://www.pricescope.com/community/threads/find-the-inclusion.9678/
Case in point-
If I had been a member when this photo was posted, I could have identified exactly where the imperfections lie- remember, as opposed to site just listing database diamonds, I have every stone that we offer in stock. I can answer specific questions on imperfections etc.
Also a good example of 'fair use' and I again am flattered
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Yes, you could have identified it "exactly".....and that may have been helpful. However, it's hard to imagine that Dave Atlas.....an appraiser.....isn't equally qualified to comment on this without the specs in front of him. In fact, most independent appraisers do JUST that.....they offer their opinion of a stone without benefit of the cert right in front of them.
Also, remember that the teacher in a class has all the answers, too....but having him/her provide them all isn't the best avenue toward having the students learn. Sometimes the best way to learn is to try one's own hand at it.
Finally, if someone knows how to find this picture (on your website), then I'd imagine they also know how to contact you for precise input on the specs if that is a desired contribution.
And yes, it is a good example of fair use.....and you should be flattered.
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On 10/19/2003 7:21:51 PM diamondsbylauren wrote:
My thanks were heartfelt and sincere- the information is timely and relevant. Also sincere are my best wishes for all the members of PriceScope- both those involved in the jewelry business and those just here to talk about it. For those who don't know me, I can sometimes have a sarcastic way. I am never in favor of comments, or humor intended to personally insult anyone.
That's good to hear, David......because you should know that you've been directly quoted as calling participants here "Priceschmucks". It may help you to know that if you are met with a bit of skepticism early on here. As for me, I'm not easily offended, so no worries here.
I think we've established here:
I can't legally prevent anyone from using photos I've entered into the public domain for 'fair use' or educational purposes.
Just a minor clarification....so you aren't surprised later. "Public domain" consists of those things which are no longer protected by copyright because the copyright has expired (and in fact, due to the copyright extension act, nothing will enter the public domain due to term expiration until 1/1/2019.) I think you're referring to the internet as a "public domain"....which isn't quite the same thing.
Also, as the copyright owner, you can attempt to prevent anything you want, but it would be unlikely that you'd prevail in court if a use was deemed "fair", and therefore wouldn't be worth your time/money to pursue.
My point is......
I have no objection to my photos being used for this type of purpose- but I do request folks write to inform me of such use.
Point noted.....and it would nice if they accommodated your request, but do keep in mind that they aren't required to, and you're spinning your wheels to come down on those who may neglect to do so.
Here's the real crux of the issue, and the reason I got angry.
Someone used one of my photos in a post here on PS to accuse me of wrongdoing. I wasn't informed of this till about a week after it had happened.
As I've made clear- I am open to critisism. The only way to progress professionally ( as well as personally) is to be open to critisism.
If, however, I don't even know I'm being accused of something, it's impossible for me to respond. And it was this use that really got me angry-it's always bad to write when you're angry, no?
I can certainly understand that, but the real reason you were angry is because someone accused you of wrongdoing....and that should anger you whether or not a photo is used. But how you handle that speaks even louder about your level of professionalism, and coming down on posters who used your photos without malice surely won't help your public presence.
And yes, it's always bad to write when one's angry. I've taken to writing my comments in the heat of the moment, storing them someplace, and reading them again a day later (usually). It helps....LOL
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