Report someone used my photo without my permission, THIS IS VERY SERIOUS !!

Discussion in 'Photo.net Site Help' started by iLOVEnature, Apr 25, 2017.

  1. Sandy Vongries

    Sandy Vongries Administrator Staff Member

    After the fact, what can they do? Discontinue the individual's membership? He can join again with another name from a different Email address. I know it is irksome, probably infuriating but it is likely harming you more than anyone. Personally, I'd drop it and walk away. I wish you a good result! BTW, I do enjoy your photos.
     
  2. Hi Sandy Vongries,

    I do agree the point of your view, the thief Mr. Joseph Nazoa who stole my photo for his own uses. He can easily change his name and use different email address, then join back Photo.Net again. As I mentioned, he can cheat anyone in this world include himself but he can't cheat "GOD". What he has done here, I believe he definitely will get punish in one day!! I wonder how he can educate his next generation, he has guts to steal my photo but no guts to admit!!!

    I only asking Mr. Glenn and Photo.Net their final answer, don't think I am asking too much right! I understand that Photo.Net can just simply walk away, leave it as nothing happen.. Don't tell me Photo.Net allow their members steal other people photo as like what Mr. Joseph Nazoa did!! If this is the case, where is the principal of Photo.Net T&C?

    Anyway, appreciate and thank you Mr. Sandy Vongries visited my photo gallery and your praise too :)

    Best regards,
    iLOVEphoto
     
  3. It appears that the image in question is no longer visible in that photographer's portfolio here on PN - but from reading through this thread, it is not clear if that is a temporary or permanent decision by photo.net. The case is interesting in that only part of an image was appropriated and there might be some legal issues that don't appear to be present if an entire image is apprehended and displayed as one's own. I have filed a few DMCA take-down notices with various sites in the past (I no longer do) and the expected response was fairly quick in all instances. Makes me wonder why the response takes so long in this particular case.

    What exactly - other than declaring that the image has been permanently removed from this site and possibly terminating that photographer's account - do you expect photo.net to take on your behalf? Any legal action against the photographer certainly seems something that you would need to initiate and pursue yourself (have you?). Are your images registered with the Copyright Office (my understanding is that this is a necessary step for an infringement lawsuit https://www.copyright.gov/help/faq/faq-general.html)?

    It is abundantly clear that you are upset that your image has been used without your permission. Unfortunately, it happens all the time and it is appalling to find out to what lengths those people go to defend their actions. To most of us, copyright (law) is very clear; for some even an "all rights reserved" on every image seems to be beyond their ability to comprehend. And unless one goes through great lengths (and most likely, expenses), chances are they will get away with what they've done with barely a slap on the wrist.

    Like other here, I did enjoy browsing your portfolio.

    Sage advice, but sometimes easier said than done.
     
    Last edited: May 24, 2017
  4. I sense that part of the frustration is that, a month ago, Nature was told the matter would be investigated. I wonder if a quick update on that investigation, whether complete or not, would help alleviate Nature's frustration.
     
  5. Hi Dieter Schaefer,

    Thanks for your opinion and message here!
    I would like to clarify here... In the first place, I never have any intention to ask the thief "Mr. Joseph Nazoa" compensate me anything, I also never think so further.. to register my image with copyright. I understand that this maybe a common case which frequently happen in other social media site and group.

    My point is.. This case has been caught and identified with proof of evidence by me, I must informed Mr. Glenn and Photo.Net immediately to investigate. Before I join Photo.Net and believe all of the PN members too.. All of the PN members and myself have read thru and acknowledged Photo.Net T&C before joining, all of the Phote.NET member photos are automatically under Photo.Net's protection in terms of copyright and etc. after becoming PN members. Am I right to say that? And now is very clear that the thief "Mr. Joseph Nazoa" has disobey Photo.Net T&C, there is nothing wrong if Photo.Net taking serious action to cancel the membership of Mr. Joseph Nazoa. Also making a clear statement in Photo.Net site, to announce the cancellation of Joseph Nazoa membership due to the copyright offence.

    Actually I have told Photo.Net , I am wiling to give him a chance if the thief "Mr. Joseph Nazoa" can admit his fault and apologize to me inside this thread. His sincere apology definitely can cool me down but too bad. Mr. Joseph Nazoa sound too arrogance and never admit he did wrong, not even showing his sincerity apologize to me at all. Just like I am nobody to him in this case!! I really feel very upset and angry and cannot accept Mr. Joseph Nazoa attitude, believe you may have the same feeling if you were me too..

    As a victim in this case here, I only require Photo.Net can let me know their final outcome in fair manner. Don't think I am asking too much right Mr. Dieter Schaefer!

    Anyway, thank you very much Mr. Dieter Schaefer to spend time viewing my photo gallery and compliments.

    Best regards,
    iLOVEnature
     
  6. I am sorry but I believe you are wrong on that one; my understanding of the TOS is that there is no copyright protection by photo.net. Here's an excerpt from PN's TOS (and Glenn has actually states something similar in an earlier post):

    PN's TOS also give the proper procedure on what to do when copyright is infringed:



    Did you file such a DMCA take-down notice?

    If you are asking for anything more than PN taking the image in question down and possibly terminating that photographer's membership, then I believe you are expecting too much. I do agree though that this case appears to be a rather clear in that your copyright has been violated and I fail to understand why PN has not responded to you after all that time.

    While I do understand that your are upset, in my opinion starting this thread was not such a good idea to begin with. As shown above, there is a proper procedure outlined that should be followed in a case like yours. I understand the impulse to publicly shame the person infringing on your copyright, but the proper procedure would have been to file the DMCA take-down notice and wait for the outcome; in my experience it usually doesn't take long at all. You provided all the necessary evidence in this thread already, so if you haven't filed the DMCA take-down notice, maybe doing so now wouldn't be such a bad idea (seeing that this thread is now already 1 month old and the issue apparently unresolved).[/quote]
     
    Last edited: May 24, 2017

  7. Hi
    Dieter Schaefer,

    Sorry for the confusion and misunderstanding here..
    What I tried to mention was.. PN has their own house rules or T&C.
    Mr. Glenn also mentioned in this thread: We're investigating, however it is clear within our T&C that using other photographers work is terms for dismissal.

    Meaning, Photo.Net has the right to cancel any PN membership due to copyright offence. Now, I am waiting Photo.Net response, final outcome and further action.

    Regards,
    iLOVEnature
     
  8. What I copied above are PN's house rules. And yes, you are correct, terminating that photographer's account is within the purview of those rules.

    I also shown you what would have been the proper way to address this issue: filing of the DMCA take-down notice, not starting a public thread in the Help forum.

    Nonetheless, there really should be no reason for this to drag out this long.
     
    iLOVEnature likes this.
  9. Hi Dieter Schaefer,

    First of all, thank you very much for showing me the proper way to address this issue: filing of the DMCA take-down notice. Will do it when I have free time for sure, many thanks again :)
    I still respect Mr. Glenn and Photo.Net decision because they are the owner of PN. Yes, you were right! My case has been investigating for more than a month, it's time to resolve now and no point to drag!!!.

    Best regards,
    iLOVENature
     
  10. Hi Fred,

    Beside just keep waiting, I really don't know what else I can do!!!

    Best regards,
    iLOVEnature
     
  11. Meditate?
     
    iLOVEnature likes this.
  12. Hi Fred,

    I probably go take more nature photos instead.. Lolx

    Thanks for the idea, Fred :) :)

    Best regards,
    iLOVEnature
     
  13. Dear Glenn and Photo.Net,

    Already past more than a month, this is my 4th time follow up my case here..
    Wonder why totally no news.. no response.. no action.. from you (Glenn) and Photo.Net staff members???


    1. Have you completed all investigation of my case?
    2. If yes, what is the outcome?

    As I mentioned, I respect your decision and let you make the final call. Kindly please let me know your investigation results and final decision, believe I deserve to know the answer as a victim here.

    Kindly please look into my case, I would like to know your final decision. Don't think I am asking too much right !!

    Look forward to hear you soon, thank you very much.

    Best regards,
    iLOVEnature
     
    Ray House likes this.
  14. William Michael

    William Michael Moderator Staff Member

    For clarity: I am not a member of NameMedia / Photo.net staff.

    Mine is a volunteer position.

    My aegis in this matter ended when I reported the alleged breach of usage of your image and also sought to console you.

    The reason I have not commented since then, is because I have no further details to comment upon.

    As for my opinion: I think that Dieter Schaefer makes excellent points as to how the Take Down order should have been managed and also that he is correct in the fact that Photo.net does not afford any protection for members having their copyrights of images violated. He makes other relevant points also that should be taken as wise advice.

    As for my direct advice: If it were me in your position; and having already outed the alleged offender publically on this thread; and the alleged offender having responded publically on this thread; I would now let the matter drop.

    This thread now remains a public record of the events. Other members can and probably already have, drawn their own conclusions as to what happened with the clouds in your image.

    WW
     
  15. Hi William Michael,

    I fully understand the DMC - Take Down Order suggested by Mr. Dieter Schaefer.

    What my concern is, what is the outcome of Photo.Net? Since now is very clear that the thief "Mr. Joseph Nazoa" has disobey Photo.Net T&C, does PN plan to take any action or just leave it as like nothing happen? Besides just me, I believe many of PN members are very interested to know the decision of PN. Not just keep quiet, no response.. no news.. no answer..no action.. from PN for more than a month.

    Thank you.

    Best regards,
    iLOVEnature
     
  16. I don't do composites but personally I won't mind it that much if only part of my image is being copied. But that's just me. I see people using any images they find on the Internet on FB, etc. That's the way things are these days.

    Some people I know do not post much of any photos publicly for fear of being "stolen". So, no one sees their images. Others don't care. It's especially difficult for PNet to deal with if only a small portion of an image is "stolen".
     
    Last edited: May 30, 2017
  17. Sandy Vongries

    Sandy Vongries Administrator Staff Member

    Don't believe there is much more you can do. Dig out an old Rolling Stones Album and cue up "Satisfaction" on the turntable. ;-)
     
    William Michael likes this.
  18. Dear all,

    I really feel like joining Photo.Net was a joke !!!
    In the beginning until right now, I only want to know the decision of PN. PN has a right to make a clear statement here, all of the PN members do not need to follow PN's T&C at all. PN allow all their members to steal other member photo, PN will not take any action to such case. My question is.. Why put ""You may not use the Site to violate anyone's copyright, trademark, intellectual property rights, or privacy rights. The User Content that you submit must be your work in its entirety." inside PN's T&C in the first place? Is it just for fun?

    I also don't understand why PN take so long time to answer my question? As I mentioned several times, I respect any of PN decision even PN let me know here, no further action will be taken to the thief Mr. Joseph Nazoa who stole my photo for his own uses because PN members no need to follow PN's T&C at all. Hoping PN don't just keep quiet, no news.. no answer.. till the end!!

    iLOVEnature
     
    Last edited: May 30, 2017
  19. Think the "thief" would give everything back and more if he had known the punishing consequence of public shaming on permanent records on PNet after he cloned and gave unintended publicity to someone's capture of the clouds. Might he have preferred a quiet fine from PNet? And now many know that, yes, the clouds are spectacular, iLOVEnature! And he stole it. ;)

    What I mean is, give it a rest.
     
    Last edited: May 30, 2017
    William Michael likes this.
  20. Hi Mary,

    Sorry if my word so harsh above, I am getting very frustrated and upset because no further response from PN after a month. I am a very serious nature photographer, "Copyright" is very important to me in photography and art. Anyway, appreciate and thank you very much for your praise :)

    Best regards,
    iLOVEnature
     
    Mary Doo likes this.

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