ALL IS FAIR IN DEATH AND UNAUTHORIZED USE OF IMAGES EVEN OF THE DEAD & TRAGEDY:

22 Apr

It is more than a decade since 9/11. The Twin Towers fell. The Pentagon was pierced. A plane led by heroes furrowed the fields of Pennsylvania.

Insults to living continue.

To some, 9/11 is loss of love. To others, 9/11 is loss of dignity. To others, 9/11 remains a loss of understanding of lack of compassion in men who commandeered not only their own lives with three planes but the lives of unwilling participants- fathers, mothers, sons, daughters- envied by the hijackers, men who relish hating what they are not- free. Even in death.

Families of 9/11 survivors engage in rituals that bring solace, be it memorials or making, day after day, another new normal since Survivors tragedy hit.

There is the pain that is not addressed publicly at least or unless another empathetic soul gets it.

Street vendors circle the World Trade Center site streets, making bank off 9/11 Survivors dead, hawking souvenirs themed on the disaster for a short time at least. There is an air of legitimacy to the souvenirs giving permission images of pictured living and dead have given permission. Street cops do nothing, it seems, to shut the street vendors down. Ask a cop. I did. They dont know how to tell if the souvenirs are legitimate or not. Cops do know how to ask for vendor’s licenses. The cops dont.

Residents aren’t happy. Families aren’t happy. Mayor Michael Bloomberg seems happy. Mayor Bloomberg adresses Semi Automatic guns. Mayor Bloomberg seems more focused on nannying the state on what New Yorkers and tourists eat or drink- nationally challenging is Bigger Better?

Mayor Bloomberg has moved on past what was once Bigger and Best. The sky scraping World Trade Center Twin Towers that were iconic to New York City’s skyline.

Management of the NATIONAL SEPTEMBER 11 MEMORIAL & MUSEUM isn’t happy with the Peruvian vendors hawking 9/11 memorial booklets to tourists crowding downtown New York. The visit is static- free tickets to the site, visit the Museum, go to Trinity Church, check out Zuccoti Square where the street dancers parade shirtless nipples popping in the cold December air, check out the Wall Street bull, the recently sold NYSE, Staten Island Ferry, One Wall Street suffering still from Hurricane Sandy, South Street Seaport Museum and boat to the Statue of Liberty. Not nearly as many go to the Smithsonian Museums downtown NY Native American Museum or the Federal Courts or the Jewish Museum in Battery Park or… the list goes on… ghoul sells as does the FOUR PLUS GROWING floors at CENTURY 21 beggaring the question WHAT recession as the privately held business plans two more levels. Considering 200 register clerks plus daily traffic I was told of 12K that is a lot of tourists snapping up THE DEAL by vendors $19.95 SEE ON THE COVER but for you? ONLY $5.00 dollar. FIVE DOLLAR. AND if you walk away the vendors chase the tourist a half a block before another tourist distracts them. The REMEMBER 9/11/2001 SPECIAL EDITION 2013 is a bargain at $10.00

A responder to 9/11 expressed sadness how souvenirs were being sold succumbing to the reality the stuff- hats, pens, mugs plus, sell to people who want to remember. The museum souvenirs bother her. The street vendors piss her off crawling everywhere tourists troll despite the ban on street vending around the WTC one wouldn’t  guess was in place with vendors up Trinity near Broadway or handing around the WTC preview. At odds with logic is that one can perceive that some souvenirs can be SANCTIONED at a souvenir site versus ROGUE wandering souvenir sales.

The argument that selling the WTC wares is sanctioned under the First Amendment as Free Speech is challengable. Community Board 1 member Paul Sipos was quoted expressing his disdain for the booklets sold by the largely Peruvian vendors as a reason he avoids the area. One seller expressed resentment for the Museum people who chase him away claiming his right to sell the alleged memorial booklets in the area of the WTC. The seller, Miguel, was quoted saying the police left him alone. Spokeswoman for the 9/11 Memorial Foundation, Michelle Breslauer, was quoted complaining there was “no organized effort to displace the street , vendors.” To the Museum people, it is about money. They do express what they could do with the money made cash off the books for a large part by the Peruvian sellers. The 9/11 Museum sells postcards, coffee table books, T Shirts and bags carrying official logoed product profit of which is intended for the Memorial, Tribute Visitor Center Museum and the preview site in a former camera shop located on Church Street across from Trinity Church. The preview site funded with grant money from the Starr International Foundation for $1 million allows visitors to interact with a kiosk they can print into a time stamped version to take home. Cost- $4.95. Twin Tower T-shirts $18. FDNY key chains $3. Photo brochures competitive to those sold by the Peruvian street vendors- $8.95.

Discerning who is behind the booklets is difficult. WTC NEVER FORGET Commemorative Book shows GLOBAL-WIDE SOUVENIRS NY 2013 cover page inside top displaying a RUDOLPH W GIULIANI quotation. CARLOS R CHAVEZ writes “I’ve made this book to honor to all the innocent victims who lost their lives on September 11 2001. A few email adresses are listed in the publications jose.51700@hotmail.com, Hgulgu@yahoo.com and Carlos. Carlos posts his email address carlitosregidor@hotmail.com. No responses come from emails sent to the published adresses. An email adress gives an air of legitimacy as does the published website http://Www.newyorkectro.com . Search result? “Firefox – Firefox can’t find the server at http://www.newyorkectro.com .” No website? No email response? No good.

Carlos lists the pages his alleged photos appear on also crediting Ruben Garcia, FOTOLIA, AP, Marty Lederhandler FEMA, Lauren Hobard, Andrea Booker, Thomas Roberts, Mike Reger, Bri Rodriguez and ORHPAN photos he alleges to have not had success tracing the copyright holders of. Carlos then goes on to claim ALL RIGHTS RESERVED INCLUDING THE RIGHT OF REPRODUCTION even though he is pirating other peoples INTELLECTUAL PROPERTY.

Back page Carlos posts the badges for NY Police & Firemen whose brothers & sisters were murdered this tragic day giving tribute with the words HONOR TO THESE INSTITUTIONs HEROES further painting credibility to his publication with quotes from TONY BLAIR and ANN HUBBELL from CNN as if Blair and HUBBELL sanction his publication. The only photos CARLOS took time to mark with © credit alongside the photos are his own not the photos paid for with government dollars by FEMA or AP photos requiring AP and Photographer credit for their photos.

Page 38, Manuel Suarez THE PERUVIAN SURVIVOR tells his story of working in the WTC north tower AKBAR CAFÉ. Mannys contact information is published ganar100@hotmail.com or “call to: (718) 600 9830.”

A second memorial book sold by the Peruvian vendors is REMEMBER TO NEVER FORGET World Trade Center-The Pentagon- Flight 93 Commemorative Book 2013 similar in sentiment to the other booklet. This booklet purportedly valued at $15 but sold for $5.00 is marked © Carlos Chavez 2012 ALL RIGHTS RESERVED INCLUDING THE RIGHT OF REPRODUCTION IN WHOLE OR IN PART IN ANY FORM. The TRIBUTE IN LIGHTS photo is marked © Carlos Chavez along with two other photos credited to him. Forty three other pages of photos are uncredited for authorship nor marked orphan photos.

It has been over a decade since this fateful day. It beggars the mind why or why haven’t the intellectuals of the copyright and news and political worlds figured out how to shut the vendors down respecting the Official Museum President suggested it is competition that angers him. It is simpler than that.

FEMA guidelines are clear http://www.fema.gov/photo-video-audio-use-guidelines. The guidelines state- In general, FEMA imagery, video and audio materials are not copyrighted.

(i)You may use FEMA audio, video or photographs for educational or informational purposes, including photo collections, textbooks, public exhibits and Internet web pages.

(ii)Some materials may contain a Copyright Notice. It is your responsibility to identify the copyright owner and to obtain permission before making use of this material.

(iii)Please acknowledge FEMA as the source of used material. Our preference for the credit line is: FEMA/<photographer’s name>, or without a photographer’s name: FEMA News Photo.

(iv) FEMA materials may not be used to state or imply the endorsement by FEMA or by any FEMA employee of a commercial product, service or activity, or used in any other manner that might mislead the public.

PHOTOGRAPHY: Photographs are not protected by copyright unless noted. If copyrighted, permission should be obtained from the copyright owner prior to use. If not copyrighted, photographs may be downloaded, reproduced and distributed without further permission from FEMA and may be used for educational and informational purposes, including photo collections, textbooks, public exhibits and Internet web pages.

 

ASSOCIATED PRESS also known as AP sells photos from its site for commercial use and personal use. The AP site www.apimages.com states “AP is known worldwide for its compelling photography used in countless magazines, websites and newspapers everyday. Now, through AP Images, you can purchase prints of AP photography to display for your personal use.” PERSONAL USE is defined “Images purchased for personal use may not be used commercially (in publications, brochures, advertisements, copies to sell, etc) or reproduced for any use. You may display them in your home or at your office as long as they are not modified in any way. You may not display them on a personal website.” AP offers photos for commercial use under the terms of the © 2009 Agreement adressing (i) Royalty free or (ii) under license http://www.apimages.com/legal/Licenseterms.aspx stating “Accessing any content from this site, you agree to be bound by and comply with all of these license terms.” (1) Parties (2) License of Grants (3) Additional terms, Conditions, Restrictions on all license grants (4) Cancellation and termination (5) Disclaimers and Limitations on Liability (6) Indemnity (7) Payment Terms (8) General

Unless CARLOS received permission from the FEMA photographers he named, CARLOS and each of his vendors are in criminal violation of images being PIRATING a term used, largely, in the defense of movie and music sales not associated with unauthorized use of copyrights.

1-     Unauthorized use of copyrighted images Pg 22 WE NEVER FORGET

2-     Unauthorized use of FNDY and NYPD badges intending to defraud the public the publication is sanctioned by FDNY and NYPD

3-     Unauthorized use of Ann Hubbells name as deceptive endorsement of the booklet

4-     Unauthorized use of CNNs name as deceptive endorsement of the booklet

5-     Unauthorized use of Mychal F Judges name as deceptive endorsement of the booklet

6-     Unauthorized use of Prime Minister Tony Blairs name as deceptive endorsement of the booklet

7-     Unauthorized use of the NATIONAL SEPTEMBER 11 MEMORIAL & MUSEUM name to deceive the public use of the name is deceptive endorsement of the booklet

8-     Unauthorized use of Zuccoti Parks name as deceptive endorsement of the booklet

9-     Using news photos in a commercial usage

10- Using photos of individuals in a commercial use without signed releases from the individuals

11- Unauthorized use of copyrighted column by journalist Charlie Porters THE GUARDIAN without permission from The Guardian or Charlie Porter

It was never that nothing could be done but in the pettiness of politics determining who should make money the Museum might be liable too for the same legalities that will remove the Peruvian 9/11 memorabilia connection from the streets of New York just took a little bit of logic and familiarity with the law. http://www.copyright.gov/orphan/comments/noi_10222012/Devorah-Carrie.pdf  All is fair in death and taxes as the expression goes if Mayor Michael Bloomberg gets interested in Constituents who vote from the Grave with voices of their living, Survivors.

Additional Reading: https://carriedevorah.wordpress.com/2012/12/28/lord-justice-levesons-inquiry-failed/

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