Yesterday at 7am was the latest in the continuing series of Lancaster PA "Tweetups" sponsored by yours truly and Daniel Klotz. This was our 11th gathering and we had a great turnout. Perhaps it was the venue - this week's event was held at the Penn Square Grille at the brand-new Lancaster County Convention Center, located on Penn Square in the heart of Lancaster City.
The place looks dynamite! Special thanks to Ben Gilkey, the manager for coming in early to check on arrangements. Everyone had a great time and even Ken Mueller made it down. I was particularly glad to meet some Lancaster Twitter regulars in person such as Ben, Stephanie and Ami! Daniel and I are hatching new venues as you read this...
Here's the list of attendees for your following pleasure:
1. @ jsang
2. @ Jeremywalter
3. @huckholt
4. @poservarial
5. @Eaciv
6. Amanda paveglio
7. @ Odonellsteve
8. @Ben_the_great
9. @Julie_rickards
10. @crazywidow
11. @DanielKlotz
12. @Hdesigner
13. @Lancasterhomes
14. @ChristopherVogt
15. @Bencraddock
16. @Joeltweets
17. @Ryansmoker
18. @Maxtana
19. @Trezendes
20. @Benzendes
21. @Neilrhen
22. @Regularsm
23. @Ryanshenhoover
24. @Kmueller62
25. @hiaairport
26. @Newslanc
27. @Beckami
28. @ijlife
I think I may have missed somebody - let me know if I did...thanks to all!
I've been interested in copyrights and trademarks recently, and happened to find an attorney specialist locally who is on Twitter...Steve O'Donnell of Lancaster PA. Steve was gracious enough to write me a guest blog post on the subject, which I feel is of great importance to those of us who are small businesspeople in Lancaster County and beyond sharing photos, etc. on the web. Here Steve shares a strategy and his contact info if you'd like a more personal tactic. Enjoy!
When a client has a photo that has been copied and put on a website, there are a few approaches available. Which makes the most sense depends on a number of factors such as the goals of the client, the nature of the work and of the infringement and how the infringement is impacting the client's income. These factors really should be discussed with an attorney familiar with copyright law to determine the best way to proceed.
Once I have a plan in mind that will best suit the client I need to gather some information and likely lay some groundwork before starting on the real meat of what the client has hired me to do.
The first thing I need to clear is whether the client actually owns the copyright. I'm not concerned with my client trying to commit a fraud though me, although I do have to watch for that, the problem is that since copyright isn't a physical thing it can be tricky to figure out ownership. For example, if the client's spouse took the picture at issue, then the spouse if the owner. If the client hired a photographer, then the photographer might be the owner, If the client took the picture as part of their job, that's a whole other can of worms. If necessary, I may have to secure ownership of the copyright for the client in order to proceed.
Once ownership is established, I register the copyright. Copyright comes into being without registration, but registration has some important benefits, such as the ability to sue, that I would want in place before going farther.
The next step is to compare the client's photo with the infringing photo. If it is a case where the infringer simply copied the photo from the client's website and used it on their own, the liability is pretty clear. On the other hand, depending on what the infringer has done, there may be a fair use defense available. The viability of that defense, along with the likelihood of the infringer using it is another analysis best left to a copyright lawyer. Regardless of the strength of a defense, that doesn't mean that the claim is dead in the water, but it might change how I proceed.
After the groundwork is done, the next step is to either send a letter to the infringer, send a Digital Millennium Copyright Act (DMCA) takedown notice or file suit.
The letter I send is basically of the “my client owns this copyright and you're infringing it. . . so stop” nature. It might mention the possibility of a license or for a copyright transfer. For some clients the letter is softer than others, and may simply request a link-back.
If the letter doesn't resolve the problem, or if the client wants to go for more of a critical shot, I'll draft and send a DMCA takedown notice to the ISP. Ordinarily, a company such as an ISP might be liable for the copyright infringements of their customers, this type of liability is often imposed on flea markets if they turn a blind eye towards their vendors selling bootlegged or pirated work. Under the DMCA, ISPs are immune from liability for the copyright violations of their users if they comply with the takedown notice. The notice has certain formalities that must be followed but generally says “someone using your service is infringing my client's copyright. . . take it down.” Usually an ISP has no interest in getting into a copyright fight caused by one of its users and will either lean on the user to remove the offending content or just shut the site down until the infringer removes the content.
Either of those actions will satisfy almost all clients that have had a photo pilfered.
If for whatever reason neither of those actions resolves the problem, the next step would be a lawsuit. For most instances of copyright violations of this nature, the cost to litigate is going to be more than the possible recovery, but it is always an option.
To learn more contact Steve at his office:
Law Office of Steve O'Donnell, Ph.D.
Lancaster, Pennsylvania
Office - 717.799.9471
Fax - 717-724-5428
Lancaster newspapers featured a front-page article today by Ad Crable on the "greening" of Lancaster City. The article was quite lengthy and offered some of the best press coverage to date of several excellent local initiiatives:
Susquehanna Sustainable Business Network
And more...
Here's a link to full article for you to check out...well worth reading.
If you're interested in Lancaster City living and want to rent within walking distance of most of downtown, including Binns Park, Lancaster Central Market, The Fulton Opera House, Lancaster General Hospital, The Belvedere, Building Character, Rachel's Creperie, the Lancaster County Courthouse, Musser Park, The Museum of Art and much more, then be sure to check out these great apartments on the 300 block of north Lime Street!
Here are some details:
It's time this month to revisit the numbers for Lancaster County PA homes...
June 2009 was actually pretty good. The overall downward trend (contraction) in home sales continued year-over-year, but this June was a decent rebound considering the low low back in January 2009.
Where's the good news? Pending sales are up from last year despite a drop in new listings. That means that buyers are making offers. Most importantly, the new listing price average dropped by almost 10% over 2008 - and the "price gap" I've tried to focus attention on reached a three-year low. That means that sellers are really getting the message (and listing agents too) that to sell requires realistic pricing. I hope the gap stay this low - houses will continue to sell more quickly this way.
This next chart just shows the history of home listings and sale in Lancaster County since 2007. I added some "color comments" to point out significant market turns. You can see how the June sold numbers have contracted steadily since 2007 but that this June represented a decent bump...That means that the Lancaster home market is not "taking a beating".
My last chart for this post is a 3-year look at average home prices in Lancaster County. You'll see how the "price gap" has closed nicely this spring and I sure hope it'll continue. The Seasonally-adjusted (12 month average) price of both new listings and sold homes is coming down slowly. That means that the market is correcting across the board. How far will things drop? The fall has been about 6% so far. I would predict another 6% before prices level off.
So, I'm pretty OK with the June Lancaster Home Market. If you'd like a personalized market analysis for your home feel free to drop me an email at info@yourlancasterhome.com.
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Your One-Stop source for expert Lancaster County PA Real Estate assistance. Jeff's blog is nationally-featured and he's been quoted in Lancaster News, PA Business, WGAL & the Wall Street Journal.
Raised on Long Island, Jeff received his Associate Degree in Business at Suffolk College in 1985. He transferred to Penn State at University Park, PA to complete his undergraduate studies, earning a Bachelors of Science in the Marketing discipline in 1988. RJR Nabisco Brands, who had taken Jeff on as an intern in the last summer of his time at Penn State, offered him a sales position calling on accounts across Long Island. Thus began his career, one which would lead him to Lancaster armed with one of the top resumes in the Real Estate industry.
In the past sixteen years Jeff has worked for several multinational corporations, rising from route sales to managing large accounts and working daily with company chairs and officers. Along the way Jeff acquired his MBA in Business Management at Dowling College in Oakdale, NY. More importantly, Jeff has operating a multimillion-dollar internet sales division and in that capacity handled innumerable customer service calls, successfully resolving the vast majority. This in combination with his years of consultative sales experience has given Jeff an innate feel for the needs of the customer which he has successfully integrated into his Real Estate practice.
With Jeff Geoghan as your representative, you can be assured of the very best in personal, professional service. Contact him today to discuss your real estate hopes and dreams.
Jeff R. Geoghan strives to provide the very best in service and expertise possible to his customers. Whether you are looking to sell a home or buy your "dream home", Jeff Geoghan is the right choice. Also, Jeff is an agent focusing on ways to encourage the growth of "green building" practices and energy efficient homes, for greater environmental stewardship in the real estate process.
Throughout the United States, there is a rising interest in ways to beat skyrocketing fuel prices, live more independently of the "grid" and protect the environment of which we are all called to be good stewards of. The sentiment has even reached into the state and federal governments, who are now beginning to recognize this movement as "not going away" and are working on incentives to spur development. The good news is that homeowners have more resources at their fingertips that ever before, and that accomplishing the goals of independence, savings and environmental stewardship are more attainable than ever.
The Real Estate industry nationwide, however, has huge opportunities available to share these emerging and now-standard technologies with the home consumer. In the home sales process, little to absolutely no emphasis is placed on the energy consumption of the home or the degree to which "green" building practices are employed (in new homes especially). In our fossil-fuel world of central Pennsylvania, home sellers, buyers, builders and agents do not focus on doing things better & cleaner but take fuel oil, gas and grid electricity for granted even as these items rise in price constantly. There is a better way!
The mission of Jeff R. Geoghan, his partner firms and YourLancasterHome.com is to bring change to the industry in central PA by focusing on the ways Real Estate customers can save money, improve their lifestyle and reduce dependence on fossil fuels with their attendant costs. Through his affiliation with the Green Building Association of Central PA Jeff will help educate his clients on ways to improve homes through "green" projects, and inform buyers on the merits of different new home constructions. Through his affiliation with the Northeast Sustainable Energy Association, Jeff will help educate on ways to reduce energy expenses in the home, and to explore alternative energy options that are already available. Lastly, as an official Energy Star Partner Jeff will educate on the relative merits of appliances, insulation, lighting and other energy-saving strategies. Here at YourLancasterHome you will find benefits offered nowhere else in the Real Estate industry today.
With a solid track record of residential sales in and around Lancaster County, Jeff is well-placed to offer the top-notch service expected of a professional agent. If you, as a prospective home sales customer, are looking for the edge in energy management, Jeff stands alone as the agent of choice.
"We beleive Jeff went above and beyond the normal service. He made us feel like we were the only clients he had. We highly recommend Jeff" - The Haines - Hamilton Park
"Jeff was a pro in all respects to our sale and purchase. He was calm when times were stressful. He always returned our calls promptly! We felt like Jeff was working for us every day...he was wonderful from the first open house through settlement"- The Swionteks - Manheim Township
"Jeff was a pleasure to work with...I will be recommending him to my friends! - The Johnsons - Lititz
"Jeff was an outstanding agent, and we would highly recommend him..." - The McEdwards - East Hempfield Township
"Jeff answered every single question we had about the process...we would recommend Jeff to anyone" - The Gildeas - Manheim Township
"Jeff Checked things even more thoroughly than we did. He was fun to bounce ideas around with, can see possibilities, helps bring relevant information and confidence to decision making" - The Weavers - Columbia
"I told a lady my kids were playing with at mall to call you...and gave her my name as a reference" - The Saint Cyrs, East Petersburg"
"Jeff was looking out for us and when he saw something that was not right in a house, he was honest enough to let us know. He really was looking out for our interests" - The Maris' - Manheim Township
"Jeff was willing to show us many homes without us feeling like we were inconveniencing him. Seeing numerous homes helped us narrow down our priorities...he was patient with us!" - The Stoltzfus' - Lititz
"Was very quick on our counteroffer - coming to us on a Friday night to sign, ensuring that we would get the house" - The Halls, New Holland
"The first afternoon we met, I was sold on Jeff" - Alisia Lara, Lancaster City
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