15 September 2013

Turning negative into positive

No I have not been undertaking electrical work, however as you will have read in my previous post a rather personal negative experience has been resolved and many positives have come out of this as a result.

I sent the following email to several members of the committee for the Tin Soldiers of Antwerp:

Hello,
It has come to my attention that you have breached my copyright in production of your poster for Crisis 2013. I am the owner of the image of the Viking you have used for the promotional materials, this is in complete breach of my copyright terms. I am also rather disappointed that no effort to contact me for permission has been made before use of the image in this commercial venture.
If you would like to check this fact then please feel free to follow the link to my blog http://napoleonicwargamingadventures.blogspot.com
There you will clearly see this figure as both my online profile and in the blogs header, and is seen as my Identity online for the wider community. Whilst I am rather annoyed at this breach and before I take any further action I would appreciate an explanation as to how this occurred. Your swift response to this matter would be greatly appreciated.
Kind Regards
Andrew 'Loki' Saunders


I  was rather happy that this got a reply from Willie Bogaerts the clubs honarary chairman and this is the reply:

Dear Mr Saunders,

Thank you for bringing this to our attention and, judging from the facts, we definitely owe you an apology.
It seems our designer unwittingly used the picture of the miniature that has such an iconic meaning to you, to illustrate our poster and flyers. I would like to stress that this was done purely in error and with absolutely no intention of infringing upon your personal intellectual property. 

Our designer usually does everything humanly possible to ensure any picture he uses is either free of any copyright, or is used only after obtaining permission from the author.
In this case however apparently a mistake was made.  Still, the responsibility for the end- product remains with us, and not the designer as such.

Now, not meant as a excuse whatsoever, but that particular picture of your indeed exquisitely painted miniature appears to be quite popular and apparently can be found at several other places on the internet, without any reference to you personally. Agreed that a more thorough search might have provided us with the necessary  information to contact you and ask for your permission to publish the picture in question, but that obviously wasn't done. Our mistake by all means.
Again, I want to emphasise that this was done without any malicious intent, as to be quite honest, we simply were unaware of your existence until we received your message. Without a doubt our loss, judging by the quality of the item in question.

As a fellow wargamer I can easily relate to your feeling. I myself also feel quite annoyed if anyone uses pictures of my models without consulting me first. Truthfully it has happened several times and every time I too felt that pang thinking' Well, he or she could have asked first'. Flattered that anyone thinks my models were good enough to serve as an illustration to our hobby but also somewhat slighted.

Anyway, we feel that a compensation for all the trouble we put you through is the least we can do.

If you agree we'll send you half a dozen free VIP entry tickets to the Crisis event, together with the same amount of the exclusive Crisis 2013 figure sculpted by Paul Hicks. 
Provided you personally would like to attend Crisis, something which we fervently hope, we'll book you and your partner a room in the nearby Holiday Inn for the Saturday night. The Holiday Inn Express is the most conveniently located hotel at 5 minutes walk from the venue. 
Doing so would give you the opportunity to, aside from the show itself, also attend the traditional 'after Crisis party' that starts at 19.00hrs at the venue and at which you and your partner would be guests of honour.
Not a grand thing, just an extended buffet and a few drinks but always good fun.

Again please accept our sincerest apologies and really looking forward to seeing you here in Antwerp.

best regards,

Willie

Willie Bogaerts
hon. Chairman Tin Soldiers of Antwerp

Now I am sure most of you will agree this is a very generous offer and suitable recompense for a mistake. However I was and never will be in it for myself or the money its not my way. Call it old fashioned but I like to think that sometimes disputes can serve a better purpose in life and nothing better than both sides benefiting from the error. To that end I sent the following counter offer.

Willie,
Firstly thank you for the acknowledgment and a well thought out reply.
As a fellow war gamer and I would like to think a reasonable person, I can fully accept this was an honest mistake and therefore your apology is accepted.
As to the matter of compensation, I have an alternative suggestion to propose as I would like to see this unfortunate incident become something very positive,to the wider gaming community as a whole and could be beneficial to your event and a project I am part of.
I did not raise this matter for personal or financial gain, more out of principal of defending my rights:
Therefore please take a moment to visit this link.
Here you will see a Group of gamers and bloggers from the world wide community working together for the benefit of others. Having consulted with the main group coordinating this, I would like to propose that as compensation for this incident, we could be given table space at your event in 2014 for us to bring this demonstration game to Antwerp for the wider European community to see and enjoy.
As you can see we are currently working on this project to launch next year, and although your offer is very generous I believe my proposal would be better for us all. If this is agreeable to you please confirm that we can have a space for this and I will consider the matter resolved amicably.
Regards

Andrew

This morning I received a very nice message from James who alerted me to the fact a substantial donation had been made to the Bloggers for charity fund, I then received a reply from Willie.
To see what the result of this was please take a trip to the BLOGGERS FOR CHARITY site.

I for one am very happy with the resolution of this event.

22 comments:

  1. Wow. Really great move of the organizers. Seems everything turns into the positive. Great idea to bring the charity thing into play.

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  2. This is a really good result. Not only has it been settled to the satisfaction of everyone concerned, but BfC have and will benefit. Well done everybody.

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  3. We are part of a wonderful community. I´m really happy with this end. Great for all of you!

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  4. That's a great resolution to an awkward situation :)

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  5. Alls well that ends well.

    Steve

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  6. Greate to heare that it solwed to the best:)

    You are indeeda good man Andrew !

    Best regards Michael

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  7. Well played Andrew. Getting a table for the charity is an excellent outcome.

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  8. That is an excellent outcome old boy!

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  9. An ideal result, I am very glad of it.

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  10. Great outcome! Now, we should all be on the look out for the "other" places that use you pic on the internet, as was explained, as they contributed to this error.

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  11. Hang on to this - it's ALWAYS nice to have reassurance of how good people can be, and this is a great example of how these things should be handled.

    First class all around!

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  12. Well, you can't ask for a better conclusion than that,can you. Well done to you an to Willie.

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  13. Excellent! A great resolution with everyone satisfied!

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  14. This is a very favourable outcome, but I'm sure I've just read this somewhere else. I think I need to change my medication . . . .

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  15. Seems a win all round! Well done!

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  16. Great news.
    An excellent outcome.
    Tom

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  17. Sounds like a great result all around!

    Christopher

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  18. Seems to be a genuine mistake and I am so happy that it's all sorted out to a agreeable resolution.

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  19. Hi Andrew,

    that's an absolutely excellent result I presume. I'll be more than happy to meet you personally at Crisis 2014!

    Cheers
    Stefan

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