For startes, the only person they may have stolen
the 'image' of a cel... is the very first person
who got it from the studio. HOWEVER, that is only
the case if it was taken/sold illegally. If the
cel was sold like normal (by the studio or
whomever had the legal option) then nobody stole
the image as far as owning the actual cel goes.
Next, they say they didn't steal the image, but
that is a complete lie and they must know it. If
by some random chance your cel was scanned for
public use by the studio or you had a disclaimer
on your gallery saying it could be used for so,
then they have free use. Other then that, which
I'm sure you don't have, they are stealing, flat
out. It is YOUR image, that YOU scanned and put
in YOUR gallery. NO ONE else can use it, unless
given permission.
They can feel free to use a screencap from the
show of the exact same shot, or from the manga, or
from almost any other source as long as, once
again, the place they obtained it from allows them
to do so. They can even make the screencaps
themselves or scan whatever they have themselves,
and it is perfectly legal as long as they don't
charge a fee to view them (or make any other kind
of profit). They are sprouting out bullcrap
when they say that video and manga imagry is
the same as cels/sketches. See, if they charged
to look at the images it would be a whole
different issue, but they don't. The items(
dvds,manga,cds,videos,plushies,etc.) were sold
legally by the distributing company and can be
used freely anyway anyone sees fit, as long as a
profit is not involved.
They do not own the cel however, only one person
does at any given time. They have also already
admitted that they took the image from you. Since
you own the cel, you are the only person that can
use it's scanned image (except for profit).
Others can use it to as long as you agree to the
use.
|