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Jamie_MacArthur

Be aware that this company has stolen my work - http://www.printaholic.com/how-to-take-a-one-in-a-million-photo/ - I did not authorise this nor am I going to now. I put an item on Facebook about this and many people have contactem to say they have had this done to them to by the same company. The image was lifted from my Flickr account wher it does stare all rights reserved

all the best

Jamie

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25 Sep 2013 - 3:50 PM

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keithh
keithh e2 Member 1023094 forum postskeithh vcard Wallis and Futuna33 Constructive Critique Points
25 Sep 2013 - 3:52 PM

At least they gave you a credit and link.

Welcome to the 21st century.

MartinBrown
MartinBrown e2 Member 4136 forum postsMartinBrown vcard England
25 Sep 2013 - 4:03 PM

Id send them an invoice Wink

Jamie_MacArthur

I have done Martin

I know Keith and no wonder artists complain when they have misic nicked

stevie
stevie e2 Member 101198 forum postsstevie vcard United Kingdom2 Constructive Critique Points
25 Sep 2013 - 4:24 PM

Sad fact of life these days.
However when this lot erm......'borrowed' one of my shots it did lead to a few sales.

keithh
keithh e2 Member 1023094 forum postskeithh vcard Wallis and Futuna33 Constructive Critique Points
25 Sep 2013 - 4:34 PM

Yes they're nicking them but they're praising them and linking back to portfolios and websites.

Its happened to me a few times, especially with the landscapes and the railway stuff but hey ho.

Jamie_MacArthur

I finally got a response

Thank you for reaching out to us. We are sorry to hear that our attempt at citing your work as something to be admired, and linking to the portfolio you created for the public to see, is so upsetting to you.

Please note, however, that you are incorrect about use policies on multiple fronts:

1) you have posted an image publicly on a public image-sharing service

2) images posted publicly can be cited in articles and blog posts, so long as attribution is given

3) we thus gave you full attribution as required by law

4) we have not used your image to "promote our business" ... rather, it's use and link to you promotes you

Since the public citation of your publicly-posted work is so upsetting to you, we will have it removed right away. If you feel you are entitled to damages for our site following standard web and legal conventions, please send your legal complaint to:

Holland & Knight
Attn: Glenn Adams
200 South Orange Ave.
Suite 2600
Orlando, FL 32801


Thank you,

mikehit
mikehit  56532 forum posts United Kingdom10 Constructive Critique Points
25 Sep 2013 - 5:35 PM

As far as I'm aware, even in US accreditation does not circumvent copyright laws and he has misunderstood the legislation. Contrary to his opinion, by embedding high-quality pictures he is associating his site with a high-quality product and so gaining kudos for his site, which amounts to advertising (and which is why Lynx deoderant could not use an unauthorised picture of Tom Cruise in their adverts, even if it is in the background and they credit him or his agency).

And point them to these links:

http://www.roniloren.com/blog/2012/7/20/bloggers-beware-you-can-get-sued-for-usi...
http://ddkportraits.com/2012/02/why-i-tearfully-deleted-my-pinterest-inspiration...

GlennH
GlennH  91918 forum posts France1 Constructive Critique Points
25 Sep 2013 - 6:05 PM

America has very strong copyright laws providing you register your photos with the U.S. Copyright Office (which I believe even foreign nationals can do). Once you've done that, there are American companies devoted to tracking down and caning copyright infringements—ambulance chasers, if you like.

My pictures are generally too rotten/ugly to get stolen, but they occasionally get swiped if published online by a newspaper. Every man and his proverbial dog regards a picture as fair game then.

wricha1407
25 Sep 2013 - 6:09 PM

My understanding is that the reply they sent is incorrect on multiple fronts -

1) you have posted an image publicly on a public image-sharing service

Posting a picture on a publicly visible site be it an image-sharing or other does not mean it is in the ‘public domain’ (the all rights reserved should have given them a clue)

2) images posted publicly can be cited in articles and blog posts, so long as attribution is given

No they can’t unless there is a ‘Creative Commons’ licence otherwise permission is given by the photographer.

3) we thus gave you full attribution as required by law

Err what law is that then?

4) we have not used your image to "promote our business" ... rather, it's use and link to you promotes you.

Then why did they include image in their article? Secondly you could argue that that the link doesn’t promote you – you may not have wanted your photo on their website or it could have already been used on another website (that you had given permission) which could have been commercially embarrassing

keithh
keithh e2 Member 1023094 forum postskeithh vcard Wallis and Futuna33 Constructive Critique Points
25 Sep 2013 - 6:31 PM

What we've created is the digital version of putting a fiver on a deserted park bench with a post-it-note stuck to it that says 'Do Not Touch'.

If you put the fiver there, then you can expect that someone will ignore your request not to steal it. However, sometimes the Thank-you - the link - is worth more than the fiver; it all depends on what that image was worth to you in the first place and why you put it on the internet, unless it was for people to see it.

Its a new world protected by archaic laws.

Jestertheclown
25 Sep 2013 - 6:49 PM

An excellent answer from Keith.
Whilst copyright laws are in place to protect our images etc.; once they're on the internet, they're considered, rightly or wrongly, to be 'fair game.'
Now, I'm not suggesting that it's right that people take them and do as they will with them but it's an unavoidable fact of life that if you post a shot on a global stage, at some point, someone, somewhere, is going to download it.
And there's not a lot you can do about it.
If they link it back to you, then at least you've had some recognition for producing it.
To put it bluntly; if you don't want anyone to download and/or re-use your images, don't post them on the internet.

GlennH
GlennH  91918 forum posts France1 Constructive Critique Points
25 Sep 2013 - 7:09 PM

The photographer that took the picture in the Roni Loren link and others like him routinely track down copyright infringements in the U.S. They'd claim their primary reason for having pictures online is to sell them, and that others being able to view them is only a necessary by-product of that.

wricha1407
25 Sep 2013 - 7:59 PM

Maybe as photographers we should do more to ensure that copyright laws , which are there to protect property, i.e. intellectual property are enforced.

Perhaps I’m in the minority but to me there is no grey area I wouldn’t take or use anyone’s work without their permission. I perceive it as theft , but I guess that’s why copyright laws exist.

I post images on the internet as I want people to see them, like a shopkeeper displays his stock in a shop. I don’t see why I shouldn’t post photos because there are those who see it as acceptable to use them without permission. If I parked my car on a public road should I then accept that it is acceptable for someone to borrow or steal it?

Jestertheclown
25 Sep 2013 - 8:43 PM


Quote: Maybe as photographers we should do more to ensure that copyright laws , which are there to protect property, i.e. intellectual property are enforced.

How . . . ?


Quote: If I parked my car on a public road should I then accept that it is acceptable for someone to borrow or steal it?

But people do borrow/steal other people's cars.

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