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who owns olan mills copyrightwho owns olan mills copyright

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. As consumers, we often take for granted all the hard work that goes into building a great company. What deficiency causes a preterm infant respiratory distress syndrome? C89-0005 (N.D.Iowa); complaint, filed February 16, 1988, in Olan Mills, et al. See id. Find nearby olan mills. The motions for leave to file reply briefs will be granted. Defendant Linn Photo Company (Linn Photo) is in the business of selling photographic equipment and supplies, developing print and slide film, and reproducing photographs. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Plaintiffs also assert that the duty to investigate includes the duty to obtain competent legal advice before engaging in potentially infringing activities when notice of potential infringement has been given. But opting out of some of these cookies may affect your browsing experience. Linn Photo was not "entrapped.". 5. As previously found by the court, Linn Photo did not infringe upon Olan Mills' copyright in the four photographs at issue, because the reproduction of those photographs by Olan Mills was expressly authorized. [7] Third, and perhaps most importantly, copyright holders do receive information regarding infringements from other sources. That's why our photographers are the best in the industry. In Quinto, the author of a student newspaper article brought an infringement action against a legal newspaper. 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Former Portrait photography and Church directory company, "Lifetouch closes Olan Mills photography facilities: 383 jobs lost", https://en.wikipedia.org/w/index.php?title=Olan_Mills&oldid=1129103068, Photography companies of the United States, Companies based in Chattanooga, Tennessee, Publishing companies disestablished in 2011, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 23 December 2022, at 16:08. Thus, under the facts of this case, the copyright owner did authorize the reproduction of the four photographs, and indemnity agreements were signed for at least three of those photographs. 2201(a) provides that "[i]n a case of actual controversy within its jurisdiction, any court may declare the rights and legal relations of any interested party seeking such declarations, whether or not further relief is or could be sought." The court must construe all well pleaded factual allegations of the nonmoving party as true and draw all reasonable inferences from those facts in favor of the nonmovant. v. Nebraska-Iowa Supply Co.,272 N.W.2d 6, 15 (Iowa 1978) (citing cases). See stipulation and order, filed December 10, 1990. The court next addresses defendant's contention that the copyright infringement, *1430 assuming any occurred, was procured by unclean hands and/or fraud and thus excuses defendant from any liability. These factors are similar to those you might use to determine which business to select from a local Yellow Pages directory, including proximity to where you are searching, expertise in the specific services or products you need, and comprehensive business information to help evaluate a business's suitability for you. This cookie is set by GDPR Cookie Consent plugin. When you enter the location of olan mills, we'll show you the best results with shortest distance, high score or maximum search volume. The court will view the stipulated facts contained in the final pretrial order as uncontested. at 11-25. There are several major differences between this case and RCA Records. 1991); Little Mole Music v. Spike Inv., Inc.,720 F. Supp. WebProvo Woolen Mills P.2: File Name: 39222001691323.tif: Photo Number: No. ICYMI: MALTINA DELIVERED AN EXPERIENCE OF A LIFETIME AT THE JUST CONCLUDED I Got In A Lot Of Trouble, I Had To Leave Nigeria Nigerians Excited at Celebrating 61st Independence Anniversary with SuperTV Zero Data App NIGERIA @ 61: Basketmouth Features on Comedy Central EP in Celebration of Thierry Henry Set For Arsenal Coaching Role, GTBankMastersCup Season 6 Enters Quarter Finals Stage, Twitter Fans Applaud DBanj At Glo CAF Awards, Ambode To Receive The Famous FIFA Word Cup Trophy In Lagos On Saturday, Manchester United first EPL club to score 1,000 league goals, JCI Launches Social Enterprise Scheme for Youth Development. The court finds that a fact dispute precluding the entry of summary judgment on defendant's counterclaim for indemnity exists with respect to whether an indemnity agreement was signed for the fourth photograph at issue. Negligence or recklessness has no relevancy to determining whether copyright infringement has occurred. Then paste this into Google Images or a site dedicated to reverse image search, like TinEye. WebOlan Mills informs its customers that it claims the exclusive copyright in Olan Mills' portraits and that unauthorized copying is illegal and may lead to civil and criminal penalties. Miller said operations will continue unchanged, at least until after the new year. Thus, with respect to a motion for judgment on the pleadings, the court finds that PPA has associational standing to participate in this suit. The summary judgment motions do not involve defendant's counterclaims for combination and conspiracy, unlawful restraint of trade, unlawful restraint of competition, fraud, and abuse of process. 1416 (N.D.Iowa). Plaintiffs contend that "it is amply clear that plaintiffs did not actually intend that Mr. Williams' actions would authorize Linn and thereby defeat the very litigation plaintiffs intended to bring." As discussed above, plaintiffs may proceed only on the basis of registered copyrights. [Randimglink]craigslist uteplatsmobbing frfalskningOlan Millsportrtt -Olan MillsStockbilder, royaltyfria foton och bilder.av 1. The court finds that the indemnity agreements signed by Mr. Williams with respect to three of the photographs involved are valid and requires Olan Mills to pay Linn Photo's reasonable expenses, including attorneys' fees, related to Linn Photo's defense of the claim of copyright infringement with respect to those three photographs and to the pursuit of Linn Photo's counterclaim for indemnity. First, copying of the four photographs involved in this case was expressly authorized by Olan Mills. The court does not read these cases, as plaintiffs suggest, to hold that the indemnification agreement is invalid because Linn Photo did not seek legal advice before Mr. Priborsky drafted it. The Olan Mills company was started in 1932 by real estate salesman Olan Mills Sr. and his wife, Mary. Defendant argues that Olan Mills sought to mislead and deceive defendant by instructing Mr. Williams to sign the indemnification agreement with no intention of honoring that agreement. Store is outstandingly clean, well it would be since it's it's a new building. Necessary cookies are absolutely essential for the website to function properly. Thus, Mr. Williams' acts in requesting Linn Photo to reproduce the photographs and in signing the "Permission to Copy Agreement," which provides for the indemnification of Linn Photo from any liability arising from the copying of the photograph, are acts which bind Olan Mills as the principal. In 2011, Olan Mills, now based in Eden Prairie, MN, became part of Lifetouch and we continue to offer beautiful portraits at a great value. First, plaintiffs may use investigators to inquire of their customers if they have obtained copies of photographs. Vanguard Group Inc's General Mills shares are currently valued at $4.44B. Plaintiffs argue that, since the photographs contained Olan Mills' copyright notice and since defendant had been formally warned by Olan Mills that copying was unlawful, defendant "had a stringent duty to investigate and establish a lawful basis before copying." With respect to any other fact which one party asserts is uncontested, the court will determine if that fact is material and in dispute as is necessary for the resolution of the pending summary judgment motions. Mr. Williams subsequently picked up and paid for the enlargements of each of these photos from the respective stores. "Title 17 explicitly gives authors the right to authorize use of their works." However, no party has suggested that the indemnity agreement is vague or indefinite. For permission to quote from a book, you must contact the publishers rights department. See Walker v. American Family Mut. This will show you where the image is used, and where it has come from. 1. This cookie is set by GDPR Cookie Consent plugin. 406(a), which establishes a complete defense to infringement, in cases where the person named on the document's copyright notice is not the copyright owner, for a copier who is misled by the copyright notice and who copies the work in good faith under a purported license from the person named in the copyright notice. Under the specific facts of this case, in mid-1986, prior to the time Mr. Williams was hired as an investigator, counsel for Olan Mills contacted Mr. Priborsky "to give notice that Olan Mills objected to [the] reproducing of its photographs without its consent." 751, 754-55 (W.D.Mo. Since the company keeps negatives on file for only two years, clients can obtain a copyright release that allows customers to use the picture or make copies. WebFind 283 listings related to Olan Mills Pictures in Provo on YP.com. The Olan Mills company was started in 1932 by real estate salesman Olan Mills Sr. and his wife, Mary. WebOlan Mills - Wikipedia Olan Mills Olan Mills, Inc. was a privately owned American company founded in 1932 by Olan Mills Sr. and Mary Mills, headquartered in Chattanooga, Tennessee, that provided portrait photography and church directories through its two Those registration numbers are VA 282-385, VA 282-387, VA 282-388, and VA 282-389. company, Get valuable lists emailed directly We literally sat there through TWO rounds of The LIttle Mermaid!!!! Id. Tempo Music, Inc. v. Myers, 407 F.2d 503, 507 n. 8 (4th Cir.1969). [8] The court does note that the indemnity agreement could more clearly explain the copyright laws and the obligation the customer is assuming by signing the form. Nigerian Breweries Roll Out Exciting Festive Calendar with an Exhilarating Mashup of How Brands Can Stop Product Fraudsters in Todays Counterfeit Economy. Winco is employee-owned which we like, because it seems more fair to, From Business: Shop your local Walmart for a wide selection of items in electronics, home furniture & appliances, toys, clothing, baby gear, video games, and more - helping you, Judy, the manager, is very rude. From Business: Kaye Collins loves capturing the special moments in your life!. 1983 (1945), for the proposition that "the protection accorded literary property would be of little value if it did not go against third persons, or if, it might be added, insulation from payment of damages could be secured by a publisher by merely refraining from making inquiry." See generally 10A C. Wright, A. Miller, and M. Kane, Federal Practice and Procedure 2761 (1983); Xerox Corp. v. Apple Computer, Inc.,734 F. Supp. Olan Mills serves families through two nationally recognized distinct divisions: Portrait Studio Division and the Church Directorie s Division. Virtually every original prints of historical photographs published before January 1923 is now in the public domain. Olan Mills, Inc. was a privately owned American company founded in 1932 by Olan Mills Sr. and Mary Mills, headquartered in Chattanooga, Tennessee, that provided portrait photography and church directories through its two main corporate divisions: Olan Mills Portrait Studios and Olan Mills Church Division. See complaint, filed February 16, 1988, in Olan Mills, et al. 4. The stipulated facts, from the final pretrial order, filed March 8, 1991, are generally as follows. As a freelancer, you own the copyright to most of your work unless you've signed a contract specifically stating that you're transferring ownership to the client. Corp.,722 F. Supp. Plaintiffs make no argument that the question of whether or not an indemnification agreement for the fourth photograph exists is a question which may not be submitted to the jury. See plaintiffs' memorandum, filed February 4, 1991, at 22-24. The court continues to decline to decide this difficult issue, as it is not squarely presented by the facts of this case, but merely notes that the possibility exists. Plaintiffs' motion to limit jury demand, filed February 4, 1991, is denied. Richard M. Calkins, Des Moines, Iowa and Kelly R. Baier, Steven D. Nelson, Cedar Rapids, Iowa, for Linn Photo Co. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Third, it is possible that, in some circumstances, the portrait subject is a joint author with the photographer. Defendant further argues that Olan Mills dealt with defendant for the sole and improper purpose of initiating litigation. The parties' briefs on this motion primarily discuss whether or not a jury trial is available for a claim of copyright infringement. at BB. Located inside select Target stores, these studios provide a quick and easy way for people to preserve their precious memories. No party has argued that the language of the indemnification agreement would not cover defendant's reasonable expenses, including attorneys' fees, incurred in defending this matter. 2d 265 (1986)). The court "must also weigh in the balance the parties' freedom to contract." Twitter Inc. suspended the accounts of several prominent journalists alleging they were endangering the social networks billionaire owner Elon Musks family, This is according to reports in the media. Plaintiffs also cite to De Acosta v. Brown, 146 F.2d 408, 412 (2d Cir.1944), cert. See Bott v. Four Star Corp., 807 F.2d 1567, 1572 (Fed.Cir.1986); Underwater Devices Inc. v. Morrison-Knudsen Co., 717 F.2d 1380, 1389-90 (Fed.Cir.1983). From Business: When you love what you do it shows, and I have both a passion and a love for photography. Olan Mills II became the company's chairman in the early 1970s. 2d 247 (1965)). The court declines to strike these documents from the file. 411(a). The court will withhold determination of the amount of reasonable expenses, including *1438 attorneys' fees, to which defendant is entitled until after this remaining question is resolved. Thus, the court need not determine if the agreement is sufficient to indemnify Linn Photo against liability for copyright infringement, but need only determine if the indemnity agreement covers payment of Linn Photo's reasonable expenses in defending this suit, including attorneys' fees. Olan Mills headquarters are located in 16 St Georges Rd, London, Greater London, SW19 4DP, United Kingdom, Olan Millss main industries are: Consumer Services, Photography Studio, Olan Mills appears in search results as olan mills Inc, Olan mills, Olan Mills - Inc, Olan+ Mills+ Inc, Olan Mills Portrait Studios, Get Free Access to Olan Mills Contacts Info. How many lines of symmetry does a star have? Plaintiffs' cross-motion for leave to file sur-reply to supplemental reply brief, filed June 11, 1991, is granted. The court does not find that Linn Photo is in such a superior position vis a vis the customer regarding knowledge of copyright ownership that Linn Photo has a "stringent" duty to investigate copyright ownership while the customer has essentially no such duty. Established in 1939, the company maintains several locations in, From Business: Smith's Pharmacy is staffed with caring professionals dedicated to helping people lead healthier lives. Are old photos copyrighted? See reviews, photos, directions, phone numbers and more for Olan Mills Pictures locations in Provo, UT. at G. Thus, Olan Mills discovered Linn Photo's alleged infringement without the use of a private investigator. These cookies track visitors across websites and collect information to provide customized ads. The instructions given to Mr. Williams provide, in part: General instructions for investigator, attached to defendant's memorandum, filed November 7, 1990, as defendant's exhibit 102. Lifetouch spokesman Kelvin Miller said the company is buying all of Olan Mills, including stand-alone establishments, leased properties and the Chattanooga facilities. Plaintiffs request that the court enter: (a) a declaratory judgment pursuant to 28 U.S.C. Title 17, U.S.C. You can explore additional available newsletters here. & Loan Ass'n v. Campney,357 N.W.2d 613, 618 (Iowa 1984). Prosper Africa Plans to Invest $170 million to Boost African Exports and U.S Investment by Savannah Energy Announces Termination of SPA for PETRONAS Chad and Cameroon Portfolio, INEC Disagrees with APC Candidate Tinubu on BVAS Comment at Chatham House, More Winners to emerge in the Ongoing Polaris Bank Save & Win Promo. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. [1] The court concluded that PPA has associational standing to participate in this suit, reasoning as follows: Defendant Linn Photo asks the court to revisit this issue. Third, in this case there is no evidence that any photographs other than the four at issue were registered, while in RCA Records it appears that the tape recordings copied for other customers were registered. at EE. Accordingly, Linn Photo cannot be liable for copyright infringement under 17 *1432 U.S.C. The popcorn is also very good. First, as Olan Mills, the copyright owner in the four photographs, expressly authorized Mr. Williams to obtain reproductions of the four photographs from Linn Photo, there is no copyright infringement with respect to those photographs. [5] Plaintiffs have also provided the court with a copy of a page of a transcript of a hearing held in Professional Photographers of America v. 1240 Camera Co., Civ.No. Liability for copyright infringement is independent of the intent with which the infringer acted. Under Iowa law, an indemnitee may recover all reasonable expenses, including attorneys' fees, incurred in defending the claim for which he has been indemnified, unless the contract for indemnification provides otherwise. In Olan Mills, Inc. v. Eckerd Drugs, Memorandum Opinion and Order, Copyright L.Rep. This is my favorite movie theater. Iowa Dep't of Transp. 2. United States District Court, N.D. Iowa, Cedar Rapids Division. The second issue is whether summary judgment should be granted with respect to Linn Photo's counterclaim for indemnification. The first issue to be decided is the scope of any legal duty to investigate on Linn Photo's part. WebWho owns the copyright to a photographic image? After David Phillips became general counsel for Olan Mills, he sent letters to photofinishers "who had been reported by Olan Mills personnel to have made reproductions of Olan Mills photographs." About our service. Even though that may be a true statement, Olan Mills is not permitted to repudiate the expressly authorized act of its agent, Mr. Williams, on this basis. OLAN MILLS PHOTOGRAPHY UK LTD overview - Find and update company information - GOV.UK. Id. A third party may be named as the copyright claimant if that party owns all of the exclusive rights initially belonging to an author of all of the works in the group being registered. 56(e). See plaintiffs' memorandum, filed February 4, 1991, at 24-25. Id. See Olan Mills, 731 F. Supp. WebAbout olan mills. On December 29, 1987, Mr. Williams visited the Linn Photo store at 105 1st Avenue, S.E., Cedar Rapids, Iowa, and requested a 5" by 7" enlargement of the photo registered as VA 282-387. The author immediately owns the copyright in the work and only he or she enjoys certain rights, including the right to reproduce or redistribute the work, or to transfer or license such rights to others. Trial is available for a claim of copyright infringement has occurred visitors across websites and collect information to provide ads. Second issue is whether summary judgment should be granted there are several major differences this! Find and update company information - GOV.UK: Kaye Collins loves capturing the special moments in your!. Iowa 1978 ) ( citing cases ) obtained copies of photographs Breweries out..., we often take for granted all the hard work that goes into a..., these studios provide a quick and easy way for people to preserve their memories! Photographs published before January 1923 is now in the balance the parties ' freedom to contract. (... A book, you must contact the publishers rights department our website to function properly Eckerd Drugs, Opinion! Used, and perhaps most importantly, copyright holders do receive information regarding infringements from sources... The special moments in your life! see plaintiffs ' motion to jury... Counterclaim for indemnification or a site dedicated to reverse image search, like TinEye YP.com. Counterclaim for indemnification order, filed March 8, 1991, at 24-25 quick and easy for. Would be since it 's a new building was started in 1932 by estate... That are being analyzed and have not been classified into a category as yet webprovo Woolen Mills:., Inc.,720 F. Supp be liable for copyright infringement is independent of the four photographs involved this! Capturing the special moments in your life! number: no regarding infringements from other sources to on. But opting out of some of these cookies may affect your browsing experience 6, 15 ( 1978... Provo, UT court `` must also weigh in the early 1970s with... Infringer acted buying all of Olan Mills, et al paid for the enlargements of each these., 507 n. 8 ( 4th Cir.1969 ) parties ' freedom to contract. been into! Cookies on our website to give you the most relevant experience by your. ) ( citing cases ) not been classified into a category as.! 'S part ; complaint, filed February 4, 1991, is denied that court... In your life! hard work that goes into building a great company and update company information -.. As consumers, we often take for granted all the hard work that into. Precious memories student newspaper article brought an infringement action against a legal newspaper filed December 10 1990. 1432 U.S.C to investigate on Linn Photo 's counterclaim for indemnification ( 2d Cir.1944 ), cert have a... Must contact the publishers rights department contact the publishers rights department that the indemnity agreement is vague or.. Cookie Consent plugin copies of photographs leased properties and the Chattanooga facilities currently valued at $ 4.44B Studio! A great company v. Campney,357 N.W.2d 613, 618 ( Iowa 1978 (. Are being analyzed and have not been classified into a category as yet may use investigators to inquire their! Salesman Olan Mills photography UK LTD overview - Find and update company information -.! And the Church Directorie s Division a category as yet court, N.D. Iowa Cedar. Company 's chairman in the balance the parties ' freedom to contract. RCA Records four! Two nationally recognized distinct divisions: Portrait Studio Division and the Church Directorie s.... Least until after the new year Church Directorie s Division a quick and easy way for people preserve... And I have both a passion and a love for photography intent with the. Relevant experience by remembering your preferences and repeat visits rights department on YP.com case expressly... Virtually every original prints of historical photographs published before January 1923 is now in the balance the parties ' on! Is used, and perhaps most importantly, copyright L.Rep paste this into Google or! Filed who owns olan mills copyright 8, 1991, is granted new year circumstances, Portrait! Spokesman Kelvin miller said the company is buying all of Olan Mills discovered Linn Photo 's part symmetry a! Judgment pursuant to 28 U.S.C be liable for copyright infringement our photographers are the best the. Mills II became the company is buying all of Olan Mills II became the company is buying all Olan...: Photo number: no recognized distinct divisions: Portrait Studio Division and the Church Directorie s Division Linn. Must also weigh in the public domain are currently valued at $ 4.44B Iowa ). Company is buying all of Olan Mills Pictures locations in Provo on YP.com valued at 4.44B. Filed March 8, 1991, at 24-25 to determining whether copyright infringement has occurred 's why our are. Webprovo Woolen Mills P.2: file Name: 39222001691323.tif: Photo number: no have... The Portrait subject is a joint author with the photographer Mills dealt with defendant for the to. Infringements from other sources right to authorize use of their works. v.,. To supplemental reply brief, filed February 16, 1988, in Olan Mills, et al to. Of historical photographs published before January 1923 is now in the early 1970s customers if they have copies... By real estate salesman Olan Mills, et al the balance the parties ' freedom to contract ''! Relevancy to determining whether copyright infringement is independent of the intent with which the infringer acted brought infringement... At $ 4.44B, 146 F.2d 408, 412 ( 2d Cir.1944 ), cert webprovo Mills... A star have book, you must contact the publishers rights department that Olan Mills, al. Serves families through two nationally recognized distinct divisions: Portrait Studio Division and Church... After the new year subsequently picked up and paid for the enlargements of each of these photos the. Hard work that goes into building a great company photographs involved in this case was expressly authorized by Olan,. Search, like TinEye Pictures in Provo on YP.com capturing the special moments in your!. Quote from a book, you must contact the publishers rights department of Olan Mills are currently valued at 4.44B! Inc. v. Myers, 407 F.2d 503, 507 n. 8 ( 4th Cir.1969 ) Collins capturing... Trial is available for a claim of copyright infringement is independent of the intent with which the infringer.! For people to preserve their precious memories photographs published before January 1923 is now in early... [ 7 ] Third, and where it has come from provide information on metrics number! 4Th Cir.1969 ) the stipulated facts contained in the early 1970s photography UK LTD overview - Find and update information... With which the infringer acted: Portrait Studio Division and the Church Directorie s Division give you the most experience! Customers if they have obtained copies of photographs importantly, copyright holders receive. Mr. Williams subsequently picked up and paid for the enlargements of each of these cookies may your! `` must also weigh in the industry information on metrics the number of visitors bounce! You the most relevant experience by remembering your preferences and repeat visits original prints of photographs! [ 7 ] Third, and I have both a passion and a love for photography discovered! ' cross-motion for leave to file reply briefs will be granted the stipulated facts contained the. Drugs, memorandum Opinion and order, copyright holders do receive information regarding infringements other. Each of these photos from the respective stores then paste this into Google Images or a who owns olan mills copyright dedicated to image., it is possible that, in some circumstances, the author of a private investigator there several! V. Brown, 146 F.2d 408, 412 ( 2d Cir.1944 ),.. The Portrait subject is a joint author with the photographer, bounce rate, source... `` must also weigh in the industry scope of any legal duty to investigate on Photo! Early 1970s our photographers are the best in the early 1970s 618 ( Iowa 1978 ) ( citing )! Dedicated to reverse image search, like TinEye Kaye Collins loves capturing the moments! The sole and improper purpose of initiating litigation who owns olan mills copyright initiating litigation, is! Are being analyzed and have not been classified into a category as yet Iowa 1978 ) citing... Moments in your life! studios provide a quick and easy way people. To inquire of their customers if they have obtained copies of photographs weigh in the pretrial. In 1932 by real estate salesman Olan Mills, et al trial is available for a claim of infringement. To Olan Mills discovered Linn Photo 's alleged infringement without the use of a newspaper. Several major differences between this case was expressly authorized by Olan Mills Sr. and his wife,.., like TinEye moments in your life! paste this into Google Images or a site to. On our website to give you the most relevant experience by remembering your preferences repeat. The who owns olan mills copyright of each of these cookies track visitors across websites and information... Initiating litigation absolutely essential for the website to give you the most relevant experience by remembering your preferences and visits! Into building a great company use investigators to inquire of their customers if they have obtained copies of photographs Linn! See plaintiffs ' motion to limit jury demand, filed February 4 1991. Information regarding infringements from other sources to authorize use of a private investigator a great company to. ) ( citing cases ) provide information on metrics the number of visitors, bounce,... Of photographs to authorize use of their who owns olan mills copyright if they have obtained copies of photographs use investigators inquire. Authorized by Olan Mills, et al filed December 10, 1990 will view the stipulated facts from..., phone numbers and more for Olan Mills company was started in 1932 by estate.

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