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Copyright infringement plus


rocky_g1

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For the first time I used Google image search to look online for anyone violating my copyright. After loading three images I have found 6 of my images on a bunch of websites.

 

I have found two interiors used by a local commercial and residential cleaning service. The kicker is they have credited my images to a different local photographer.

 

But even more troubling, I found 4 of my images on an article by a major online international news publication. The images they posted were supplied by an international news, picture, and video company. This company boast 8 agencies on 6 continents around the world. Not only did they supply my images with out permission, they also watermarked them with their own copyright.

 

I know there are a million threads, post, and articles on this and I am about to dive into them, but I was hoping someone more experienced than me might have some thoughtful insight based on my particular situation.

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im not sure what the law is where ever you are but in the USA ....

 

first of all... who did you give the original pix to? what was your contract agreement with them? more than likely they leaked them unless you are posting them somewhere?

 

to stop them from using your pix, send them an email stating they are violating your copyright. also cc the web master.

 

if you get no results, file a small claims suit against them.

 

if you are fighting an international giant... cut your losses n learn your lesson not to post anything over 640x480 n save your best work for your personal use.

 

post your junk n you wont have these problems anymore.

Edited by paul ron
The more you say, the less people listen.
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A few years back a national TV company (in UK) used one of my copyright images (it was a client portrait) on a broadcast (my client had done something newsworthy). They had 'lifted' the image from his Facebook page without either of us giving permission. After some exchange of correspondence I sent them a couple of options and they settled by paying a bill I had estimated based on what they would have had to pay my agency (Alamy) to use that shot on national TV. We both knew that they were in the wrong and my request for payment was based on fair industry standard. Had they not paid then I would have 'named and shamed'
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. . . Had they not paid then I would have 'named and shamed' . . .

 

I am glad that it worked out for you.

 

As a general comment, 'naming and shaming' and/or the threat of it, only will work if the company reckons the loss from the naming and shaming will be more than the cost of stealing, ergo, that option should be carefully considered, before deploying it.

 

WW

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I am glad that it worked out for you.

 

As a general comment, 'naming and shaming' and/or the threat of it, only will work if the company reckons the loss from the naming and shaming will be more than the cost of stealing, ergo, that option should be carefully considered, before deploying it.

 

WW

Yes, the company concerned did not want to risk their reputation. In addition, an alternative I outlined to them was my willingness to undertake the uk 'small claim' civil court procedure what would almost certainly have found in my favour ... that would have been the trigger for naming and shaming. Plus, as a news outlet they would have had to report their own misconduct.

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As an amateur photographer, I've no experience whatsoever with this kind of situation. I've used photo's by others in communication and I'm very careful about respecting ownership//licensing protocols. But I also know many people who are asked to publish something who are far less knowledgeable about these issues. They google something, find an image and - because it's on the internet - just assume that it's OK to use it.

 

My point is that the situation you describe may not be a deliberate, calculated attempt to use your photos without proper rcompensation/attribution. It may simply be a case of stupidity (or an assumption that it won't matter) by an employee about media ownership/licensing .

 

FWIW, I suggest starting out with a business-like but non-threatening e-mail to the international news publication (and other users) noting that they have "inadvertently" used/distributed your photos without permission and request some reasonable compensation. My (optimistic?) guess is that at least the news publication is well aware of ownership/copyright issues and might well be prepared to recompense you. As evidence, your original image (with Exif data) compared with their publication date should support your claim.

 

If this works out, you might even be able to license your photos to the news outlet. If it doesn't work out, you can always gradually ramp up the threat of 'legal proceedings'. My guess is that an international news outlet routinely pays photographers for photos they use and if your compensation request is at all reasonable it will be much less hassle for them to pay you (for them peanuts!) rather than let the issue continue.

 

Hope it all works out,

 

Mike

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