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

[Tim_Lookingbill]

I have to say you have sharp eyes for spotting that cloned cloud formation. It took me a while to see what you were talking about to where I had to compare it side by side. With all the royalty free images online I don't see why a sunset cloud couldn't have been used as a drop in.

 

It's good you brought this to everyone's attention because now we know in what ways images can be lifted that are hard to spot. If it can happen here, it can happen anywhere online.

[iLOVEnature]

I have to say you have sharp eyes for spotting that cloned cloud formation. It took me a while to see what you were talking about to where I had to compare it side by side. With all the royalty free images online I don't see why a sunset cloud couldn't have been used as a drop in.

 

It's good you brought this to everyone's attention because now we know in what ways images can be lifted that are hard to spot. If it can happen here, it can happen anywhere online.

 

Hi Tim_Lookingbill,

 

I spent lot of time and patience to wait for an unique and special cloud formation for all my nature photos, I would say all of my photos were very difficult to capture. I had a very special feeling when I was first see Mr. Joseph Nazoa photo "Amalfi". Probably the sky is belonging to one of my photo, that’s why I automatically felt something not right.

 

Hence, I started to compare it and pointed out 3 spots to one of the Photo.Net staff member for investigating.

 

Anyway Tim_Lookingbill, thanks for your compliments.

[iLOVEnature]

Dear Photo.Net and all staff members,

 

May I know the outcome of my case? And yet, I still have not receive full explanations from Mr. Joseph Nasoa. He seems like did not admit, he done something wrong here. Kindly please look into my case, appreciate if you can take further action. Thank you very much Photo.Net for helping!

[Ray House]

Am interested in the outcome of the photo.net investigation. Might we be updated?

[iLOVEnature]

Am interested in the outcome of the photo.net investigation. Might we be updated?

Hi Ray,

 

Don't think my case is very easy to settle but no matter what, I respect photo.net final decision.. Believe photo.net will resolve my case in fair manner, many thanks photo.net assist me to look into my case again :) :)

 

Best regards,

iLOVEnature

[Norma Desmond]

Nature, why do you think your case is not easy to settle? What is unclear or ambiguous about it in your mind?

[iLOVEnature]

Nature, why do you think your case is not easy to settle? What is unclear or ambiguous about it in your mind?

Hi Fred,

 

I am a victim of this case, believe nobody understand the whole story than me. As I mentioned, I respect photo.net. I will let photo.net make the last call!!

[Norma Desmond]

I think I understand you. And I think many of us do. I got the sense Glenn did as well, as he seemed to take it quite seriously. I, too, would like to hear from PN about a decision or course of action.

[iLOVEnature]

I think I understand you. And I think many of us do. I got the sense Glenn did as well, as he seemed to take it quite seriously. I, too, would like to hear from PN about a decision or course of action.

Big thanks Fred :)

[Ray House]

Still waiting...any update?

[iLOVEnature]

Still waiting...any update?

Hi Ray,

 

I have provided Photo.Net my clear and convincing evidence, I leave it to Photo.Net make a final call now. Thanks Ray for your reminder message :) :)

[iLOVEnature]

:( Edited May 11, 2017 by iLOVEnature

[iLOVEnature]

Dear Glenn and Photo.Net,

 

This is my 2nd time follow up my case here..

 

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.

 

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

 

Best regards,

iLOVEnature

[Ray House]

Come on management...this is not rocket science.

[iLOVEnature]

Dear Glenn and Photo.Net,

 

Already past more than 10 days, this is my 3rd time follow up my case here..

 

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

[Sandy Vongries]

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.

[iLOVEnature]

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.

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

[Dieter Schaefer]

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.

 

Personally, I'd drop it and walk away.

Sage advice, but sometimes easier said than done.

Edited May 24, 2017 by Dieter Schaefer

[Norma Desmond]

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.

[iLOVEnature]

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.

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

[Dieter Schaefer]

. 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?

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):

 

You agree to upload and post only User Content that you have created yourself. Photo.net is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. We don't test or verify any User Content on the Site. While we do not knowingly accept User Content that violates another's rights, we are not responsible if it happens.

 

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.

 

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

 

Digital Millennium Copyright Act

 

If you believe that any content on the Site infringes upon your copyrights, including but not limited to User Content, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  
• Identification of the copyrighted work or works claimed to have been infringed,
  
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  

Photo.net's designated Copyright Agent to receive notifications of claimed infringement is: Hannah Thiem, DMCA Agent, 230 Third Avenue, Waltham, MA 02451, U.S.A. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

 

Did you file such a DMCA take-down notice?

 

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!

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).

Edited May 25, 2017 by Dieter Schaefer

[iLOVEnature]

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:

 

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

[Dieter Schaefer]

PN has their own house rules

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]

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.

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

[iLOVEnature]

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.

Hi Fred,

 

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

 

Best regards,

iLOVEnature