First time experiencing photo use without permission

[Skeptic14]

Someone in my local area was hosting a public dive event on facebook and I got a link to the event from a dive buddy and immediately recognized the cover photo advertising the event as my own. As a fairly novice UW photographer, my first reaction was "cool, they must have thought it was pretty good", but then I had what I think is the normal reaction, "but they should give me credit".

I messaged the individual (whom I've never met) and said I didn't mind him using it but asked for him to attribute credit via a link to my website.

I naively assumed that in this situation most people wouldn't have any problem providing some form of credit, but he responded pretty defensively stating he found it in "google public domain" which I'm guessing meant google image search without any copyright info and then he changed it to another photo probably from more google image searching.

For those more experience uw photogs, is this how this type of thing usually goes, people would rather not attribute credit and just use a different photo? Or does it vary pretty widely.

Anyway, a first for me, I can only imagine more prolific photogs have this happen far more.

 

[Jungle Diver]

Wow what a bunch of crap, image thieves a lurking from every corner ! Searching and finding images on Google does not give anybody the right to use them freely or without credits, unless you search for images using the advanced search, you will have a drop down menu on usage rights, there you can choose what kind of license you want to use.... Yes Google is public domain (to a point) not to steal copyrighted images, texts or videos...

Check to see if your image falls under the "free to reuse" section, if not, send a cease and desist letter to the MF who uses your pictures fraudulently...

I make a good part of my earnings selling pics and winning contests, anybody I catch using my pics without permission gets an earful from me and my lawyer every time !

Good luck and keep snapping 'em great pictures !

 

[MaxBottomtime]

You can right click on any image and nearly always find where it came from. Google has an exif viewer you can download that shows your camera information when you place your cursor over the image. When you save an image from the web you can right click to see the properties. There are many ways to find the information of a photo and those who use a photo without doing this are either lazy, a thief or both. Only a small percentage of images found on the internet are fair use.
There is a site named alchetron.com that is full of stolen images. I have had them remove several of mine but I recognize many more there. They claim that all images on their site are user-submitted and copyright free but they are not.

 

[Lorenzoid]

He can't legally use your photo without your permission, as you own the copyright, and from what you said, it doesn't sound like you gave anyone else permission to use the photo. If you wanted to go all out, you could sue him for copyright infringement. There isn't really any easy remedy short of a lawsuit. Of course, you could threaten a lawsuit and see if he responds to that.

I see in your Flickr link that you don't generally include a copyright notice on your photos. If you want to help ensure people realize your photos are not public domain, then you should start including a copyright notice.

 

[MaxBottomtime]

Some people, including alchetron have been known to crop off watermarks from photos and still use them. There was an aquarium store in Oregon that did this. They had many of my photos as well as many from other Scubaboard users. I posted about them and they received several cease and desist letters. Within a year they were out of business.

 

[Skeptic14]

Searching and finding images on Google does not give anybody the right to use them freely or without credits, unless you search for images using the advanced search, you will have a drop down menu on usage rights, there you can choose what kind of license you want to use.... Yes Google is public domain (to a point) not to steal copyrighted images, texts or videos...

Check to see if your image falls under the "free to reuse" section, if not, send a cease and desist letter to the MF who uses your pictures fraudulently...

I was unaware of this advanced search option, so I tried it out: My image was in the search prior to any license setting, but it was not in the results when free to use was selected.

Thanks for this tip.

He can't legally use your photo without your permission, as you own the copyright, and from what you said, it doesn't sound like you gave anyone else permission to use the photo. If you wanted to go all out, you could sue him for copyright infringement. There isn't really any easy remedy short of a lawsuit. Of course, you could threaten a lawsuit and see if he responds to that.

I see in your Flickr link that you don't generally include a copyright notice on your photos. If you want to help ensure people realize your photos are not public domain, then you should start including a copyright notice.

When I first started doing this I read about watermarks and it seemed that there was a school of thought that they weren't super helpful since they are very easy to crop out and in this instance my image was cropped and a watermark along the bottom wouldn't have shown up. But I get that they do make it more clear the original creator is claiming it. Maybe I should consider starting to include them... I guess my initial thinking was also my photos aren't good enough to worry about that!

Some people, including alchetron have been known to crop off watermarks from photos and still use them. There was an aquarium store in Oregon that did this. They had many of my photos as well as many from other Scubaboard users. I posted about them and they received several cease and desist letters. Within a year they were out of business.

Yeah, without a watermark across the middle of the photo that seems pretty likely.

 

[kelemvor]

Watermarks are a double edged sword. They really detract from the appearance of a photo. AFAIK the only time someone has used one of my pics, they asked me (some company printed it in a brochure, and I was thrilled). I'd certainly be annoyed if someone had stolen one of my photos but you have to be careful with digital copyright enforcement methods. Sometimes, the copyright method can do more "damage" than someone stealing the material in the first place.

 

[northernone]

First off, congratulations.

Secondly. I dislike bullies, his response was distasteful. Perhaps a little saber rattling and reminding him of your legal situation might help.

I don't water mark as I don't want my art spoiled but also I don't post "valuable" images online either. Clients buy them directly. I appreciate the need for water mark if it's images marketed to the general public.

Regards,
Cameron

 

[Scuba Scott]

Some people, including alchetron have been known to crop off watermarks from photos and still use them.

PLEASE remove my watermark or copyright. That is where the big money is! All photos automatically have copyright as soon as you push the shutter button but if your camera has the option you should set it to include your copyright and contact info, If your camera does not have this option you can add it before you post.

There are a lot of services you can sign up for to notify you if one of your photos appears online. One I use is Lenstag - Protect your camera equipment, images and help make the world safer for photography on iOS, Android and the web. It notifies me anytime a photo is posted online that is tagged with one of my camera or lens serial numbers.

Always shoot RAW, even if you shoot RAW+JPG because the RAW is your digital negative and possession of that file is proof you are the creator of the original. (Never give out your RAW files)

Check here for legal advice: Photo Attorney

 

[wetb4igetinthewater]

All photos automatically have copyright as soon as you push the shutter button

Even if you are a monkey! Photographer Settles 'Monkey Selfie' Copyright Lawsuit