Author Topic: Copyright Violation? (Read 965 times)

MikeTheGoalie · « **on:** January 14, 2012, 06:45:21 PM »

I'll ask you guys here since you've pretty much deal with photos all day long.

I took a photo. I posted it to a forum and to my web site.

I get a call that a company has taken a photo that I took and photoshoped people out of it and used that photo in a magazine ad.

I have a few friends telling me I should get a lawyer. I'm not looking to get rich here but what options do I have?

I feel honored that they would use my photo.. and I should be happy with that.. but friends are telling me look into it..

Thanks guys/gals.

Skippy · « **Reply #1 on:** January 14, 2012, 06:55:22 PM »

I have also had photos "stolen" but I didn't do anything about it. I have no advise as this is something that I have no idea about. I will sit back and hope someone comes along with some insight into this.

I want to ask you though, did you watermark and have a copyright tag on the site or anything like that? I can tell that you did not take your shot to the copyright office so really I am not sure at all what can be done.

MikeTheGoalie · « **Reply #2 on:** January 14, 2012, 08:42:29 PM »

I really don't want to do anything about it. It's just a shot I took at the dunes and I feel honored that they basically would use that shot. Maybe call them up and say hey, that is my photo. Send me a sticker for your company or something.. haha

My site says Copyright all rights reserved on it. Not watermarked at all..

Skippy · « **Reply #3 on:** January 14, 2012, 11:17:18 PM »

Well, I would say that if you are not that upset about it then I would call them on it. I would at the very least ask for photo credit but really that is not enough. I mean I am not stuck up about my shots but if someone wants to use one for their gain then I want paid. That camera was not free. The lens was not free. The software that used was not free. The gas you put in your car to get to the location was not free.

Do you see where I am going with this?

Rhyan Tambalque · « **Reply #4 on:** January 15, 2012, 02:33:08 AM »

At least get a credit for your photo.. I mean a recognition.. Doing nothing is just like letting the mouse get away with a big cheese.. like Skippy said.. they've gain something into your photo.. There should be at least something.. But you know what... Here in the Philippines that will be a long process... There's a Copy Right Law you know... Exercise your rights Dude....

+10 to your comment Skippy.....

barryjphoto · « **Reply #5 on:** January 15, 2012, 06:14:59 AM »

I say request they do the honorable thing and you'll return the favor. Let them know you want credit and ask for token payment of $1 or some other minor amount in exchange. You will have sold a photograph!

Was it watermarked and subsequently cropped after copied?

Ctwo · « **Reply #6 on:** January 15, 2012, 07:49:35 AM »

A magazine company may be in a different situation - for one thing the images they use are part of their product - but my company has been called a few times for such a copyright violation when an improperly sourced image ends up in some sort of publication that we've produced (ad, brochure, tech note, or manual, etc.). This is never intentional and we do the right thing when this has been brought to our attention.

I can say there are companies that provide legal services that scour the web (via image recognition software) looking for image rights violation and that help the original artist obtain an appropriate royalty - or a lawyer is good.

Personally, I would not be too light on a magazine for stealing a photo given the nature of their business. A properly worded letter may be all that is needed. This sort of theft has been increasing significantly over the past decade, and note that all works such as this are protected regardless of registration, but you could enable the copyright metadata feature in the camera.

also see: http://en.wikipedia.org/wiki/Berne_Convention_Implementation_Act_of_1988

1074 · « **Reply #7 on:** January 15, 2012, 11:05:23 AM »

Get a lawyer now. Now. Now. Now. Now.

Would you "feel honored" if they liked your car so much that they stole it?

Or liked your house so much that they broke in?

This is no different. Lawyer. Now.

Tichro · « **Reply #8 on:** January 15, 2012, 11:30:29 AM »

Plain and simple,,, they have stolen from you.

OK, let's switch positions here.

Let's say you have stolen something from them,,, how would they react?
Their legal team would be banging at your door demanding compensation.

I would strongly suggest you chase them over this.
And it has nothing to do with "get rich quick" but it does have everything to do with moral standards,,, which sadly seems to be lacking in a lot of businesses these days.

Good luck,,, and give 'em hell.

Snapper · « **Reply #9 on:** January 15, 2012, 11:53:26 AM »

I have just asked my son (who is a newly-qualified lawyer) about this. The current law in the UK (not sure about the US or elsewhere) is that anyone can take an existing image, modify it so that it becomes 'a different image in its own right' and copyright does not apply. The amount of alteration required is, however, a grey area (isn't it always with lawyers!) and many lawyers and judges spend many hours arguing over this point.

That being said, the fact that you have "Copyright - all rights reserved" clearly on your website, the above does not apply and they are 100% in the wrong. My (and my son's) advice would be that although they are in the wrong, you might have to employ a lawyer to make much progress and that is going to be potentially expensive. A much simpler way is to write them a letter which points out the notice on your website about Copyright and threaten to take it further unless they:

a) acknowledge your ownership
b) put an apology notice in the magazine (or the next edition)
c) give you, for example, a year's free subscription to their magazine.

HTH

dougdirt · « **Reply #10 on:** January 15, 2012, 12:29:44 PM »

I would be contacting them immediately.

Think about the music industry. If a bar/restaurant plays even ONE song that they don't have the rights to (meaning something they created or its an indy band who created the song for them), then the music industry wants $1000 up front.

What if a company sampled a song for a tv ad? It wasn't the original song, they just took the beat and some of the words and then played around with that. You bet whoever owns the rights to that song would be ALL OVER it to get their money.

They took your work and are making money on it. Something that they would have had to pay handsomely for (probably at least $1000) if they had gotten it elsewhere, in legal means.

1074 · « **Reply #11 on:** January 15, 2012, 02:11:27 PM »

What Snapper described (and what you've also said they did to your photo, i.e. change it) is called creating a derivative work, and in the US is very much requires your permission. Doing so without your release is still a clear copyright violation.

peabody2468 · « **Reply #12 on:** January 15, 2012, 08:09:45 PM »

You don't have to have a copyright notice on the picture. But in order to collect monetary damages, you must have registered the picture at the Copyright Office. I doubt a lawyer would take your case if you haven't done that. You can still ask them to take down your picture, but you can't sue them for damages without the registration.

Still, there's no harm in writing a letter to them asking for whatever you want from them.

1074 · « **Reply #13 on:** January 16, 2012, 06:59:59 AM »

Oh, you can still sue them without having registered your copyright. You'll most likely not win, but you can still sue...

Shane · « **Reply #14 on:** January 16, 2012, 09:50:33 AM »

If amateur photographers allow people to use their images for free like this, then it is both stealing from the amateur as well as the professional photographer that makes his/her living by selling photos. If we all allow our work to be used for free, then it's taking food off of the pros' tables.

Author Topic: Copyright Violation? (Read 965 times)

MikeTheGoalie

Copyright Violation?

Skippy

Re: Copyright Violation?

MikeTheGoalie

Re: Copyright Violation?

Skippy

Re: Copyright Violation?

Rhyan Tambalque

Re: Copyright Violation?

barryjphoto

Re: Copyright Violation?

Ctwo

Re: Copyright Violation?

1074

Re: Copyright Violation?

Tichro

Re: Copyright Violation?

Snapper

Re: Copyright Violation?

dougdirt

Re: Copyright Violation?

1074

Re: Copyright Violation?

peabody2468

Re: Copyright Violation?

1074

Re: Copyright Violation?

Shane

Re: Copyright Violation?