That is something I had to occasionally tell client in my construction litigation cases. Sometimes it can cost more (attorney and expert witnesses fees) than it would to “just bite the bullet:” and hire a different contractor to fix it.
To add to the above, going before a judge or jury, even though I can prove that your contractor did not do what was agreeed … there is always the risk of a judge or jury not being able to grasp the importance of what was not done/not done correctly, and thus not find in your favor.
I purchased the book in the United States where it was offered for sale by the vendor in the state of Ohio. Usage therefore is governed by the commerce laws of the United States, Title 15 USC 107 and Title 17 USC
I realize that I am playing in the JL sandbox, and am required to play by their rules, whatever they may be. That is fact. I will never again post a reference to anyone’s publication. Done.
However, I was GREATLY offended by the implication that I had done something surreptitious, or unethical, or illegal by posting a photo of an undimensioned sketch and asking what those dimensions might be. It abundantly clear that type of usage in this type of forum is not a violation of any copyright.
Mike, it’s a melting pot, and as such a disaster to everyone concerned if lawyers ever get involved, and then no one wins except the lawyers…
Personally, I have an overall opinion that fair usage, whatever that means, is acceptable and reasonable. I totally reject the premise that USA law supplants any other countries local laws, and as an Australian with a vested interest, I find that opinion to be totally offensive, especially when my vested interest titles, the XK EXPLORED series of three titles, has zero input from USA sources, apart of course a number of good friends from USA who contributed photos and comments willingly to me, for my contribution to this series, that I have indeed specifically acknowledged. You may well disagree, citing- what I think are irrelevant USA legislation/sources - the XK books were published in UK, the two authors were Australian and French.
It’s too complex for me to get my non legal head around, thus as above, if there is a dispute no one wins except the lawyers, thus I totally endorse the Administrators of this site, to maintain a reasonable policy on content, plagiarism, and copyrite, that doesn’t expose them to aggrieved copyright/intellectual property holders.
Having said that - personally - I don’t believe your use of one drawing for the purposes you did, crossed any red lines. But to coin a phrase - there are Fifty Shades of Grey, and again personally, there have been in the past usage of content and illustrations from the XK EXPLORED Series that i believe have crossed that red line. A personal view, and I really don’t care what the legal USA view may be. XK Lovers is an international forum - that’s it strength - with contribution from a multitude of countries - but with the common thread of loving our XKs. I have no problem in helping any genuine XK enthusiast, and indeed through this site have received a lot of reciprocal help, including from many USA members. I do strain a little with commercial interests using this site for commercial advantage, but many businesses also contribute a lot - so again 50 shades of grey.
At end of day, I really value this site, and totally support the efforts and sometimes difficult decisions of the Administrators, meeting the expectations of its International membership.