Photo used with out premission

(reservoir_dog) · (reservoir_dog) **Join Date: Jul 2007** 09-21-2009, 9:21 AM

No Permission. No Credit. No Compensation.I am looking for any advice about how I should handle this. I do not want to say where it was used as of yet I will just say they are an online media outlet that is widely used. I am sure that they did not know it was mine. I have sent an email to the editor of the site asking them to please let me know who submitted the story and photo and am waiting to here back. This is the second time it has happened to me. The first time it was 5 shots in Alliance mag that was credited to someone else but that issue was somewhat resolved.I want to make sure that this doesn't keep happening. Thanks any advice would be greatly appreciated.

(scott_a) · (scott_a) **Join Date: Dec 2002** 09-21-2009, 12:45 PM

What websites do you upload your pictures to? Maybe someone on one of those sites is saving your images and submitting them on your behalf not knowing that's not alright.

Who are you emailing your photos to? Maybe you should either watermark all emailed photos or make damn sure that the people who you email photos to know the usage terms.

(steezyshots) · (steezyshots) **Join Date: Feb 2008** 09-21-2009, 1:23 PM

Send them a bill

(Message edited by steezyshots on September 21, 2009)

(reservoir_dog) · (reservoir_dog) **Join Date: Jul 2007** 09-21-2009, 1:49 PM

I put them up on the Facebook fan page of the Magazine I run and also on the Magazines Myspace page. Being that they are always low res shots posted there I would have never imagined anyone taking one of them and submitting it with a story. I have received an email telling me who did this and they are not even an advertiser with the magazine even though I have been trying to get them to for over a year now. Riley I like your idea of sending them a bill seeing as I have a photography site where they could have purchased the commercial download. I will keep you all updated as this moves forward.

gnarshredd 09-21-2009, 2:33 PM

Get them to pay or threaten legal action if they don't pull it down. (You likely won't have to follow-through on the legal action as it's expensive, the threat will probably be enough, just write it formally so they know you mean business.)

(reservoir_dog) · (reservoir_dog) **Join Date: Jul 2007** 09-21-2009, 2:48 PM

The site that posted it has posted my photo credit on the page but the company at first tried to tell me that they recieved photos form at least 8 people and that it was not mine. I assured them that it was and sent them the fullsize image with out the crop to prove it. The owner is traveling until the 28 but is scheduled to call the office tomorrow. Maybe I will get more info then. Here is the two pics you tell me it isn't mine.F

Upload

(scott_a) · (scott_a) **Join Date: Dec 2002** 09-21-2009, 2:56 PM

*facepalm*

Watermark your images if you're gonna put them on facebook...or don't complain if they get stolen.

(reservoir_dog) · (reservoir_dog) **Join Date: Jul 2007** 09-21-2009, 3:15 PM

Thats a little harsh don't ya think. scott a. I wasn't complaining I was asking advice on what to do and answering the questions asked of me by other posters. I am not trying to get into a debate over my carelessness of not watermarking but where it was stolen from is not the point. Its the fact that someone did it.I would think fellow photogs would be with me on this one.

(scott_a) · (scott_a) **Join Date: Dec 2002** 09-21-2009, 3:47 PM

Sorry...didn't mean to come off as a dick, but facebook might be the WORST place for photographers to be posting their photos. Not only does Facebook have the rights to your images for as long as they're on Facebook, but every attention-craving user who has access to those photos probably has a copy of it on their hard drive or on their Facebook photos page, too. There's just no way to protect what is yours on that website, so if you care about your photos then watermark them. Or better yet, don't post them there at all.

(wakeboard_pittsburgh)

Scott,

It says right on the article - "MasterCraft of Charlotte Press Release"

If someone is sending out press releases with your photos, you need tell the person sending the press release to stop.

By the way, got the new magazine yesterday. Really like the sequence of Ross' 900. Good stuff.

(reservoir_dog) · (reservoir_dog) **Join Date: Jul 2007** 09-22-2009, 6:43 AM

Kyle,

Yeah I saw the MC of Charlotte I was wanting to get the info of who @ MC of C sent it in so I can ask how that person got it. Thanks for the comment about the mag.

(reservoir_dog) · (reservoir_dog) **Join Date: Jul 2007** 09-30-2009, 1:25 PM

I spoke with the company today about this. Their position is that they did get it from facebook and that their lawyers say it is completely legal. They say that once you post photos to facebook the become part of the public domain. I have been following up and have sent email to facebook asking for clarification's. In the intellectual properties section it states that I retain the copyright on all material uploaded but that facebook retains the right to use the photo not third parties.Once I receive a response I will take further action to resolve this issue and update you all on here seeing as how this situation may happen to someone else.

(hank_rearden) · (hank_rearden) **Join Date: Sep 2009** 09-30-2009, 4:20 PM

"Their position is that they did get it from facebook and that their lawyers say it is completely legal. They say that once you post photos to facebook the become part of the public domain."

Their lawyers are either intentionally misusing "public domain" or are incompetent.

In either case, good luck getting reimbursed for the unauthorized use of your copyrighted work.

http://en.wikipedia.org/wiki/Public_domain

(mammoth) · (mammoth) **Join Date: Apr 2005** 09-30-2009, 4:34 PM

Who is Hank Rearden?

(scott_a) · (scott_a) **Join Date: Dec 2002** 09-30-2009, 5:17 PM

Who cares. He's right.

'You own all of the content and information you post on Facebook' -Facebook's Terms of Service. www.facebook.com/terms.php

(reservoir_dog) · (reservoir_dog) **Join Date: Jul 2007** 09-30-2009, 5:51 PM

That's what I saw scott a. I will be speaking with a lawyer soon.

(mammoth) · (mammoth) **Join Date: Apr 2005** 10-01-2009, 9:06 AM

(Wasn't questioning his comments. Literary reference to his user name)

(hank_rearden) · (hank_rearden) **Join Date: Sep 2009** 10-01-2009, 4:01 PM

John Galt got it the first time around.

(steezyshots) · (steezyshots) **Join Date: Feb 2008** 10-01-2009, 4:18 PM

On facebook you can turn off the setting that allows facebook to use your photos..

(pierce_bronkite)

Im surprised none of you Photographers mentioned Digimarc.

https://www.digimarc.com/solutions/images_pro.asp

From the site,

Whether you're a photographer, artist, web designer or other creative professional, Digimarc for Images offers protection for your digital portfolio. We help secure your digital images by giving them an imperceptible, persistent digital identity that allows you to communicate and discover copyrights, link to information about your images, and securely backup and share your images.

(hank_rearden) · (hank_rearden) **Join Date: Sep 2009** 10-02-2009, 9:19 PM

You don't need some third party like Digimarc to secure your copyright rights.