January 01, 2011
Special Use Permission was given to a couple
of websites (www.vvmf.com and www.findagrave.com)
to honor my uncle and give a face to the
name on the Vietnam Memorial Wall.
Permission does NOT give authority to grant
others use without violating copyright & trademark laws.
I am George Ray Pendygraft’s nephew &
the sole copyright and trademark proprietor.
The US Government never publicly releases any soldiers' photos onto the Internet or other public disseminating means. Discovering text or photo on the Internet does not grant any person or entity to appropriate unlawfully. The absence of a copyright or trademark notice does not imply work is in the public domain or free for the taking.
The originally developed photo is NOT in the public domain nor the digital photo I created. I reiterate the photo of G. R. P. has been significantly altered and is a derivative creation of the original photo. Plethora variations set it significantly apart from the original work. Any unauthorized use is copyright infringement and subject to the terms of copyright law.
The photo above is protected by REGISTERED COPYRIGHT. The photo is also TRADEMARK in my publications.
I was fortunate that the Kodak Corporation was eagerly willing to help a naïve amateur photographer capture the image through glass. They quickly responded to my inquiry very professionally and provided the direction of technic, photocopied pages from some of their publications showing step by step instructions and suggesting additional book titles for more information.
The only known physical photo of uncle which I present on the memorial page resides in my sole possession. The digital photos of him you see on this website were personally photographed and digitalized by Gary Drury to preserve the photo and prevent further deterioration. Serious alterations, enhancements, and colorization constituting numerous hours have been invested to maintain the integrity of the original photo. The digital versions of the physical photo are copyrighted and trademarked by Gary Drury and any use without my express written consent constitutes copyright and trademark infringement and plagiarism. Claiming ‘fair use’ under copyright law does NOT relieve infringing person or entity from any legal reliability. Any person or entity wanting to use the digital photo must request in writing and agree to license terms and payment in advance. No such permission will be granted if used without consent.
Consequently, you must have a model release from every person in a photo whether the people are living or dead. Regardless if you have a photographer’s release. A release for print does not grant a release for film or video or audio, or other forms of distribution and vice-
Furthermore, my uncle is solely entitled to protect his name and likeness and to profit from such; which is protected basically under the same terms of copyright. Since he voluntarily sacrificed his life in the Vietnam War and unable to defend his integrity, Nobel honor, legacies, and memories.
I, Gary Drury, being his representative and direct blood-
Any person or entity that is given notice in any form of a possible copyright, trademark infringement, or plagiarism failing to take immediate action to halt all distribution will be considered an infringing party after the fact and subject the same laws and penalties. Such parties must produce records showing the number of copies sold, lost, misdelivered, destroyed, or given away.
The Gary Drury Web Page, including, but not limited to text, content, photography, video, and audio, is protected by trademark, copyright, as a collective work or compilation under the U.S. and International Copyright Laws, and Trademark Laws.
You must abide by all copyright and trademark notices or restrictions contained in this Service. Do Not rely on the ‘Fair Use’ clause to protect you from litigation as additional laws may apply. Ignorance of the law and failure to perform due diligence will not relieve a person or entity from liability. Rule of thumb: You didn’t write it, you didn’t photograph it assume it is protected.
You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this service, and you must have the prior written consent of the copyright owner Gary Drury.
Without limiting the generality of the foregoing, you may not distribute any part of this service over any network, including a local area network, nor sell nor offer it for sale. Also, these files may not be used to construct any kind of database, storage or retrieval system, known or unknown without the prior consent of the copyright owner.
Whether such use is for-
A written request must be by first class mail with tracking, any mail requiring a signature will be rejected. Gary Drury, 19 W Peachtree Ln, Hodgenville, KY 42748. No other form of communication will be accepted. Any contact by any other means, you agree to remit $500,000 for my inconvenience and service.
I may impose additional fees without any notice.
*Claiming “Fair Use” under Section 107 of the Copyright Act copyright law does not reduce your legal liability to the copyright owner.
**Trademark infringement: The unauthorized and illegal use of a trademark or service mark that possibly leads to confusion between the original trademark and a mark created later. A trademark consists of a word, drawing, phrase, photo, symbol, slogan, color, packaging, or any other "mark" that identifies specific goods or services.