Copyright?

[Curt Bowen]

Problem here. It was brought to my attention that someone used one of my photos in the design their business cards. Flattering indeed, BUT I was not asked permission and didn't get anything for it. Not even my name was on the card as the person covered up my leesaspics© signature. I approached him, in what I think is a friendly manner...

Aloha @$%*&@#!

It was brought to my attention that you are using a photo of a vintage scuba diver, that I took, for your business cards.

I do not remember giving you permission to use my photo. What are we going to do about this situation?

Regards,
signed by me

The was his answer, no greeting, no salutation...nothing

Nothing.

It was our understanding that any photo’s on the internet are ‘free game’ to others – according to my attorney.

Anyway, we have redesigned out cards with a picture of our adapters now on them.

How true is it? Are our pictures free game? I know there are pictures, like those that yahoo offers and those that you can buy on a CD that are for such use. But our pictures...are they free game?

Any photos I place on my web site I assume will be copied and used by others. (there is no way to stop them) If I do not want anyone to use my photos I do not place them on the internet.

 

[justleesa]

Any photos I place on my web site I assume will be copied and used by others. (there is no way to stop them) If I do not want anyone to use my photos I do not place them on the internet.

So that means if I were to "take" an image from your website, use it as my own and make money with it or use it for advertising purposes for me and not you ....it wouldn't bother you?
The pictures I post are pretty low resolution, I copyright them...in a spot that if you were to crop it the picture would look crappy....this guy comes along and makes a mini picture on his business card where all that doesn't matter.

You know if someone had not told me, I would have never known. :06: Sorta like "What I don't know won't kill me" kinda thing But I do know and what he did was wrong. Now if he would have been man enough to admitt that what he did was wrong it could all have been very easily worked out....

 

[alcina]

Lees - I'm a bit late to this and it's been covered, just wanted you to know that I feel for ya. He is a dirt bag.

I for one believe that it is valuable to know who he is and what his company name is. I would NEVER give business to a company with that kind of attitude and disrespect for others -imagine how they view their clients!

Mom & pop at the computer who make a little calendar for their desk or whatever are, perhaps, closer to legitimate use of a copyrighted image on the web...one would hope they would at least leave the copyright on the used image! As was said, this can never be controlled. But this commerical use is a different thing and the rights of the artist should be respected.

If we all do not stand up and demand that these copyrights are respected and abided by then the insidiousness of others will create an atmosphere where lying and misrepresentation and theft become the norm instead of an aberration worthy of rebuke.

 

[Curt Bowen]

So that means if I were to "take" an image from your website, use it as my own and make money with it or use it for advertising purposes for me and not you ....it wouldn't bother you?
The pictures I post are pretty low resolution, I copyright them...in a spot that if you were to crop it the picture would look crappy....this guy comes along and makes a mini picture on his business card where all that doesn't matter.

You know if someone had not told me, I would have never known. :06: Sorta like "What I don't know won't kill me" kinda thing But I do know and what he did was wrong. Now if he would have been man enough to admitt that what he did was wrong it could all have been very easily worked out....

I can't count the number of times someone has stolen and used my photos and illustrations. I,ve see it in almost every foreign publication and a couple here in the USA. I have even had National Geographic do a 7 page spread on a location i discovered and took them to and my name never showed in national Geo. They will never get another spot from me.

Do I like it? NO, but unless you have $$$$$ to go after the person who does it then there is nothing you can do.

I do not post my best work on the internet and the stuff I do is low res 72 dpi that will not work for press.

The simple fact of the matter is, those who cant will take from those of us who can.

 

[DennisW]

Lisa,

As far as I am concerned, you should divulge the name of the business and the person and tell the world that he used your picture without permission. I have used a couple of pictures from people on this board, both after getting permission. One I use as a wallpaper for my PC and one is hanging on my wall. I would never use someone's work with out permission and neither should the person that used yours. Even worse than illegal, it's rude. And as Lazarous Long once said, and I paraphrase here. "There is only one sentence that is appropriate for rudeness." I'll let the board figure out what the sentence is.

 

[Marriard]

Any photos I place on my web site I assume will be copied and used by others. (there is no way to stop them) If I do not want anyone to use my photos I do not place them on the internet.

Ok, I am have been in the photography business (though fortunelty it is not my livlihood) and I have been in court twice (and avoided it several other times) for people violating my copyright - basically stealing images.

Personally I don't mind people using my images as their computer background, in their school report, etc (but I do appreciate it when they ask), but the MOMENT they use it commericially they owe me for usage.

The various professional organizations have done a lot to help photographers. There are 'standard' rates for various usages which can be used in a court of law - and if you win it is TRIPLE damages and court costs. I use the ones from the ASMP. This often makes it worth going to court.

If the intial conversation goes badly, in most cases I send an invoice with industry rates along with a self-written desist letter - basically it says pay the invoice for already using the image and stop using it or the next letter will come from a lawyer. A quick check with their lawyer (normally to confirm it is triple damages) normally ends up with a settled payement and occasionally a deal for further usage.

I register my images as a 'work set' once a year - so I file one copyright form on "All images for the year of 20XX including ..." all give examples of various shoots. Digital has made this even easier as EXIF and file names clearly indicate WHEN the image was taken. I occasionally register images of special note separately especially if they are selling. Although this is not technically a necessity, it sure makes the legal process go a lot faster. Images on my website are marked with the copyright sign but are also of pretty low quality so usage is limited.

Copyright on an image starts when I push the shutter and unless I SPECIFICALLY give it up, it is mine and (my heirs).

M

P.S. Never give away your images for commercial usage. Get something - I don't even care what it is - just something. There are people out there trying to make a living at this, so please make sure that their work is not devalued.

 

[alcina]

P.S. Never give away your images for commercial usage. Get something - I don't even care what it is - just something. There are people out there trying to make a living at this, so please make sure that their work is not devalued.

Hear hear!

By extension, this goes for those DMs and Instructors giving away their time/effort/work for nothing - get something for it - you are worth it (or should be)!

 

[Marriard]

I can't count the number of times someone has stolen and used my photos and illustrations. I,ve see it in almost every foreign publication and a couple here in the USA. I have even had National Geographic do a 7 page spread on a location i discovered and took them to and my name never showed in national Geo. They will never get another spot from me.

This is two different issues.

In one case all you did was show a location to National Geo. Unless you had a deal with them that stated otherwise, their photographers own the copyright as they were not your images in the first place. Much the same as when a dive boat takes me to their 'secret spot' and I get some great salable images.

It is worth at least making the call when it is your images being used - it doesn't cost that much and in a lot of cases you will be shocked how often the publication doesn't even know it was your image (I have a nice long story about an 'agent' selling a friend's image library without giving my friend his cut) or that they were using the image illegally.

I have also turned the 'illegal' use of an image into future leagl usage of my images (in exchange for ignoring the first usage). I have one relationship with a publisher that is in its third year that started this way.

M

 

[ScubaTexan]

But I do have one more question. What does your lawyer say about pictures that are copyrighted? In the original photo, from where ever you got it from, my copyright was just below the divers hand. Where did that go?

It was air-brushed out, which makes it look more "authentic" (with heavy emphasis on the quotation marks). Since you apparently had copyrighted your pics, he was in clear violation of the Copyright Laws, before he changed the image. My degree is in Communications, and I had to do an entire paper on copyright law for one of my classes.

One other caveat -- before you publish his name, address, telephone number, etc., on here, stop to consider this.....just because you may not be able to afford legal action against him, it doesn't mean he can't afford it against you. I wouldn't want you to risk being countersued before you get to sue him.

 

[justleesa]

Thanks for your input and concern ScubaTexan.

The pictures that I posted were blacked and whited out by me. In the original - as far as I can tell from what was emailed to me - it looks like he cloned the area to remove the copyright. I will be getting an original card soon and I can say more then. The gentleman may be unfair and unmoral, but I am not. Something like this can take unknown dementions. Just look how many views this post has had in only half a day...negative feedback like this might even ruin the guy's small business, how many mouths does he have to feed?....morgage to pay? and so on. Not that I don't have to live...but still it's the principal. Ya know what I mean?