So someone from the photographer group Incognito feels his reputable organization has been defamed unjustly by this blog. I maintain that I did no such thing. In the end, he just wants to know who asked me to post a picture of their group here. I figured I should let you guys confess because I always give my sources confidentiality. Here's how our entire conversation went.
INCOGITO:
To Pinoy Cosplay (GamerTotoy),
I am Mark Gregory Lim, the owner of the photo you used for your blog entry last August 19, 2010 in your blog Pinoy Cosplay (http://www.pinoycosplay.blogspot.com).
As far as I know, I have not given you, or any of your colleagues, the right to use my photo especially for purposes which seem to be against me and my group Incognito.
This is clearly a violation of the copyright law as stated in the Intellectual Property of Code of the Philippines. And if ever will front the Terms and Policies of Facebook, where you have gotten this photo, I suggest that you provide me with the link of this photo.
Moreover, you are clearly violating the Blogger Content Policy with regard to copyright and hate content.
If you do not delete this blog entry dated August 19, 2010, then I will be forced to report your blog as a "Flag Blog" with Blogger.
If you do not reply to this e-mail immediately, assume that your blog has already been flagged by Monday.
GT:
Sec. 185. Fair Use of a Copyrighted Work. -
185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright.
Hate Speech: We want you to use Blogger to express your opinions, even very controversial ones. But, don't cross the line by publishing hate speech. By this, we mean content that promotes hate or violence towards groups based on race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation/gender identity. For example, don't write a blog saying that members of Race X are criminals or advocating violence against followers of Religion Y.
(I do not see how a harmless photo with titled "A new gentleman's club is in the house" is promoting hate or violence.)
INCOGNITO:
If you think "Fair Use" will protect you from copyright infringement, then you're wrong. For all the photos you have used without the permission of the owners, and contrary to the purpose of the owners, you have definitely violated the copyright law.
In assessing for the "Fair Use" of a copyrighted work, the purpose and nature of the owner must coincide with how you used his photo.
Clearly, your intention, as far as the nature of your blog is concerned, does not really coincide with my intention of using the photo. I never meant our photo to make us look like "PERVS".
Moreover, your blog has now damaged our integrity with regard to this profession. If a model has gone over your blog and saw this blog entry, do you think he/she will likely have a photoshoot with us?
And this is what you call "Fair Use" of my work? This is not simply criticism. It is defamation using our own original work. If you do not want to have problems with us, delete the blog entry dated August 19, 2010.
GT:
I have done nothing to defame you. I simply posted a picture of you in action sent by several people who requested me to do so. I didn't even know your reputation would cause such a stir. Good game.
INCOGNITO:And to think they said they don't want anything to do with PinoyCosplay.
may i know who are the people several sent you a request?
