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Re the locked stolen photo what to do thread

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boony
boony  7978 forum posts United Kingdom3 Constructive Critique Points
17 Dec 2012 - 1:01 PM

What I was typing just as this thread was locked is......

Chris, my point is how do you prove it ISN'T two different photos? The people who own the site it's displayed on have a very easy get out there....I'm not saying it's right or wrong merely stating a fact. Good luck to the O.P. if the chase a fee on this but unless they happen to come across somebody from the company concerned who's feeling the christmas spirit with their purse strings I wouldn't go too crazy with the fee I was asking for.....

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17 Dec 2012 - 1:01 PM

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User_Removed
17 Dec 2012 - 1:10 PM

You don't need to prove it one hundred per cent. You take them to court and see if a judge believes their story that it was taken by a different photographer using the same settings from the same place. They won't be able to produce the original shot or photographer and the court won't believe them.

boony
boony  7978 forum posts United Kingdom3 Constructive Critique Points
17 Dec 2012 - 1:16 PM

OK - how about you do that for the O.P. , split the pay, and let us know how you get on? Surely it's going to be worth your while, go for it mate I hope you do it and get well paid. Fortune favours those open to being brave.

paulcookphotography

I'd happily take two shots at the same exposures at the same time from slight elevation changes for your £10,000 reward though, lol. Or perhaps you would accept two different crops?

Last Modified By paulcookphotography at 17 Dec 2012 - 1:23 PM
GlennH
GlennH  91918 forum posts France1 Constructive Critique Points
17 Dec 2012 - 1:23 PM

They can't be two photos - it's literally impossible. It's not just a question of positioning, although that's compelling enough - how do you explain precisely the same angle of view, lens, level of lens distortion, subsequent treatment of distortion? Aligning the two in Photoshop proves it beyond any iota of doubt, they're pixel for pixel alike, save for differences in sharpening/edge contrast.

In terms of pursuing the issue, photographers in the UK have more recourse to action starting from just about now. A 'letter before action' and threat of County Court will likely be enough to leverage payment.

boony
boony  7978 forum posts United Kingdom3 Constructive Critique Points
17 Dec 2012 - 1:23 PM

Paul - for ten grand, I'd be happy take 5 or even 6!

User_Removed
17 Dec 2012 - 1:34 PM


Quote: I'd happily take two shots at the same exposures at the same time from slight elevation changes for your £10,000 reward though, lol.

I'm sure you would, however I'd want you to produce an image that matches the OP's in the same way as Glenn describes above.

Quote: Or perhaps you would accept two different crops

I'm not sure what you're saying Paul. Nobody is arguing that one isn't cropped. Are you actually saying it's from a different photographer? If so you need to go here Tongue

boony
boony  7978 forum posts United Kingdom3 Constructive Critique Points
17 Dec 2012 - 1:38 PM

I don't think anyone is saying it's from a different photographer/s, that's your take on what's been typed Chris. Of course you're entitled to your opinion on that. I would like to see you step up and prove all this going to court stuff you're talking about, that's all. I personally don't think you'd get very far with it but I'm wishing you luck and hope you can prove me wrong!

Last Modified By boony at 17 Dec 2012 - 1:38 PM
User_Removed
17 Dec 2012 - 1:40 PM

I've just read your PM Paul, am I right in thinking that you believe "someone standing just behind/above another photographer while they were both shooting would have meant there could be two images such as those you posted"

I disagree. Their angle would be sufficiently different that pixels wouldn't match up in the image the way they do. It's impossible.

User_Removed
17 Dec 2012 - 1:42 PM

Boony, have you ever heard of people having to pay for using other people's photos without permission?

Yes?

How do you imagine they prove it to the court's satisfaction then?

boony
boony  7978 forum posts United Kingdom3 Constructive Critique Points
17 Dec 2012 - 1:55 PM

I don't know how to prove any of the issues you describe Chris, I'm not a lawyer. Please explain it to me if you are in a position to do so. I have heard of people paying for photos before their use but to be honest, no I have never heard of someone being retrospectively recompensed when their photo was used.

All this talk of court and lawyers is way over the top for what has happened, start threatening the hotel firm with that and chances are they'll dig, in the O.P. will end up with nothing.

GlennH
GlennH  91918 forum posts France1 Constructive Critique Points
17 Dec 2012 - 2:44 PM

Whether or not X, Y, or Z cares about copyright law or is familiar with it doesn't really matter—it exists. People can use it if they care about businesses and corporations blithely nicking their photos without a second thought - they can use it against bloggers if they feel so inclined. It's a matter for the individual. Often these things happen because the tea-boy has constructed the website and is used to downloading everything for free.

You can ask politely for a fee, pointing out that the photo has been used without consent. The fact that the law has been broken gives you some scope for setting the price that you see fit. If there is resistance you can take it further: Copyright infringement situation improved in UK.

keith selmes
17 Dec 2012 - 2:44 PM


Quote: I have never heard of someone being retrospectively recompensed when their photo was used.

All this talk of court and lawyers is way over the top for what has happened, start threatening the hotel firm with that and chances are they'll dig, in the O.P. will end up with nothing.

For example

http://www.roniloren.com/blog/2012/7/20/bloggers-beware-you-can-get-sued-for-usi...
http://copyrightaction.com/forum/the-real-cost-of-being-sued-by-getty
http://dentingmyuniverse.com/getty-images-demand/

Last Modified By keith selmes at 17 Dec 2012 - 2:55 PM
boony
boony  7978 forum posts United Kingdom3 Constructive Critique Points
17 Dec 2012 - 3:08 PM


Quote: I have never heard of someone being retrospectively recompensed when their photo was used.

All this talk of court and lawyers is way over the top for what has happened, start threatening the hotel firm with that and chances are they'll dig, in the O.P. will end up with nothing.
For example

http://www.roniloren.com/blog/2012/7/20/bloggers-beware-you-can-get-sued-for-usi...
http://copyrightaction.com/forum/the-real-cost-of-being-sued-by-getty

http://dentingmyuniverse.com/getty-images-demand/

I'm in work so haven't got the time to be ultra thorough in reading these examples all the way but the general jist seems to be that these images were nicked from BIG names in the industry and of course they'll go after money. We're talking about a hobbyist here. Different can of worms. I think what's happened is wrong but people need to get back down to earth and be realisitic about what will actually happen here if lawyers get mentioned. Any large claim would probably be laughed at because the photographer DOESNT charge 10,000 quid an image in the first place.

Andy_Cundell
17 Dec 2012 - 3:13 PM

I would love to know what Tim did about his photo. Come on Tim, let us have the inside info!!!!

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