PDA

View Full Version : Wow -Someone actually stole my image :D


Michael_Lambert
6th of January 2009 (Tue), 12:03
Not sure what to think or say :D

First it was not that great of an image however to find out someone was using it is kind of amusing!

I figured i would fire them off a polite email advising them that the image they are using is mine and that they do not have permission or the rights to use it however considering its already in use on there website they can forward a certified cheque to me in the amount of ???? What do you guys think? and they can continue to use the image in the manor they are using it.

This is the image, The shot was taken by me for a friend to put on a website for a business i help him with.
http://www.customdivingservices.com/about.html

And this is the site using my image with out my consent.

http://www.ccrdt.org/equipment.htm

Curtis N
6th of January 2009 (Tue), 12:09
The Calvert County Rescue Dive Team is apparently a publicly funded agency, and their website is apparently just for informational purposes. They are not trying make money by using your image.

With that in mind, I would simply email them and kindly ask them to show proper credit. Or you could ask them to remove the image from their site.

What they did was wrong. But it's not worth fighting over.

Chet
6th of January 2009 (Tue), 12:13
Very nice Michael. I'm sure the other 6 images have the same thing in common. Someone on some other forum is probably saying the same thing at this very moment.

neil_r
6th of January 2009 (Tue), 12:13
A dilemma, as a diver (and I know you are too) I would do quite a bit to support a dive rescue service. Your call but I doubt I would do anything in this case.

She looks a lot better in that Viking than I do in my DUI :-)

thebishopp
6th of January 2009 (Tue), 12:15
Hmmm... seems as if they are a "100%" volunteer ems & fire service.

Maybe you would work out some kind of arrangement where they notify you of any type of fire or emergency where you could take pictures for them?

It's not like they are using the image in a commercial sense nor are any of the members profiting from it's use (in fact in most volunteer organizations a lot of the costs are shouldered by the volunteers and supplemented by either donations, fundraisers, or state/county subsidies).

In anycase, if possible, you should talk to them in person.

Michael_Lambert
6th of January 2009 (Tue), 12:15
Oh i know they are not looking to make money and i am sure no harm was intended.

i figured they could cut a cheque for something like $5 to show that they did in fact purchase the image and i will gladly sign over rights to use the image on there site :D

Guapo
6th of January 2009 (Tue), 12:15
I don't know anything about the agency, but by appearances they appear to be a non-profit volunteer rescue team. Unless that is fraudulent, then I'd say it's a worthy cause. Your call, but I'd consider donating the use of the photo to them. While using the photo without permission was wrong, I'd be surprised that there was any malice in it, and they don't seem to be trying to make a profit from it. Perhaps shoot them an email letting them know, so perhaps the copyright issue would be something they'd consider in the future.

Michael_Lambert
6th of January 2009 (Tue), 12:16
H

Maybe you would work out some kind of arrangement where they notify you of any type of fire or emergency where you could take pictures for them?



Lol, They are not even in my country :D

thebishopp
6th of January 2009 (Tue), 12:18
Lol, They are not even in my country :D

That would nix that idea then lol.

thebishopp
6th of January 2009 (Tue), 12:18
Oh i know they are not looking to make money and i am sure no harm was intended.

i figured they could cut a cheque for something like $5 to show that they did in fact purchase the image and i will gladly sign over rights to use the image on there site :D

I'd make it $1.00.

neil_r
6th of January 2009 (Tue), 12:20
They borrowed your Image, take a trip down there and borrow their rib.

pmk
6th of January 2009 (Tue), 12:23
Just curious -- how did you discover this small outfit nabbed your image?

pmk

rossdagley
6th of January 2009 (Tue), 12:24
They borrowed your Image, take a trip down there and borrow their rib.
haha :D

Paul J McCain
6th of January 2009 (Tue), 12:27
Just ask for credit or ask them to use a version with your name at the bottom- it's a non-profit rescue team, I'm sure they'll just take it down before paying you anything. I'm sure we just racked up more hits to their site than they get in a month.

Chet
6th of January 2009 (Tue), 12:29
I say we contact them and offer to pay a licensing fee for the image and see what they say. ;)

Michael_Lambert
6th of January 2009 (Tue), 12:33
Just curious -- how did you discover this small outfit nabbed your image?

pmk

Actually its funny, we have gotten several emails over the last year from this guy in Germany asking when we are going to update our website cause he wants to see more "Viking Suits", which is the suit she was wearing.. finally today i got another email from him and replied saying we have no more and have no need for more. and he replied saying she was beautiful and wanted more of her.

My image was labeled "Vikingsuit" so i went on google and searched "Viking Suit" thinking i would find some German site with her picture on it... instead found that dive site and some French latex photo site.. Which i will contact next.

neil_r
6th of January 2009 (Tue), 12:37
instead found that dive site and some French latex photo site.. Which i will contact next.

Great, so you post the boring link here :rolleyes:

pmk
6th of January 2009 (Tue), 12:38
Those guys seem pretty desperate for photos. Maybe you should send them a picture of yourself so they can use it here:

http://www.ccrdt.org/contact.htm

:)

pmk

tomd
6th of January 2009 (Tue), 12:43
I just went through 26 pages in google images under search "viking suit" and the only image that was yours was from your own web site.
I guess Google web search will get better results.

Michael_Lambert
6th of January 2009 (Tue), 12:44
Great, so you post the boring link here :rolleyes:

Haha,

Well that is HERE (http://latex2.photo.doctissimo.fr/bianca-beauchamps-et-autre-photo-latex-alb108605-1.html)

Maybe someone who know that language can find a contact for me and i will let them know i want it removed :D

Chet
6th of January 2009 (Tue), 12:46
Maybe someone who know that language can find a contact for me and i will let them know i want it removed :D


I think the language is Fetish?

Michael_Lambert
6th of January 2009 (Tue), 12:46
I just went through 26 pages in google images under search "viking suit" and the only image that was yours was from your own web site.
I guess Google web search will get better results.

I searched under images, again i got the impression that the creepy guy from germany emailing me was the one using it.. lol

Found the image on page 9 of the search.

http://images.google.ca/images?ndsp=18&um=1&hl=en&q=viking+drysuit&start=144&sa=N

Zoodles
6th of January 2009 (Tue), 12:55
Small ($2) cheque and a photo credit on the site...

Michael_Lambert
6th of January 2009 (Tue), 13:02
Alright the email i plan to send.

"Good Afternoon Gentleman.

My name is Michael Lambert of Michael Lambert Photography ( www.michaellambertphotography.com ) located in Bradford, Ontario Canada.

Recently it has come to my attention that you are using an image that was photographed by myself for the use on the website www.customdivingservices.com.

The image is of a model Named Amanda, wearing a red Viking suit that is currently being displayed on your website http://www.ccrdt.org/equipment.htm, was taken for the expressive use of myself as per my contract/release with this model.

At this time i have not given your organization any sort of authorization to use this image. As i am sure you are well aware it is illegal to used copyrighted contents ( http://en.wikipedia.org/wiki/Copyrights )

At this point being a fellow diver, underwater photographer and working with a Drysuit repair facility i would like to see you make this right. I would be willing to see this done one of two ways.

1) Remove the image from your site and a simply reply back letting me know its done.

or

2) Mail me a check in the amount of $1.00 USD for the rights to use the image as its being used with a photo credit added.


I appreciate your attention to this matter.

Warmest regards from a fellow cold water diver,

Michael Lambert
905-751-6761
www.michaellambertphotography.com "

WillMass
6th of January 2009 (Tue), 13:03
I would contact them insisting on photo credit. Then I'd send them a letter listing your usual and customary use fee as a Donation in Kind.

That way they don't have to cough up any money and you can claim it on your taxes.

Michael_Lambert
6th of January 2009 (Tue), 13:13
I would contact them insisting on photo credit. Then I'd send them a letter listing your usual and customary use fee as a Donation in Kind.

That way they don't have to cough up any money and you can claim it on your taxes.


Is that legal? Can you donate your time like that and receive a tax receipt in return? and being they are US based and I am Canadian how would that work?

Michael_Lambert
6th of January 2009 (Tue), 13:17
Well at this point being who they are, and being who i am.. I am more than happy with a 1$ fee paid and photo credit.

AndreaBFS
6th of January 2009 (Tue), 13:20
You really asked them to mail you a check for $1? Wow.

WillMass
6th of January 2009 (Tue), 13:22
Is that legal? Can you donate your time like that and receive a tax receipt in return? and being they are US based and I am Canadian how would that work?

In the US yes. I have several clients with whom I have that type of relationship.

I can't speak to Canadian law. Ask your tax professional.

Michael_Lambert
6th of January 2009 (Tue), 13:27
You really asked them to mail you a check for $1? Wow.

Why the wow.

AndreaBFS
6th of January 2009 (Tue), 13:39
Some might call it principle, but it sure seems petty to me. It demonstrates that the image isn't really worth money to you, you just want to see them jump through hoops. So. Wow.

mai_lin
6th of January 2009 (Tue), 13:41
I think getting credit will do you better than getting $1... If someone sent me the same email I'd just take it off rather than go through the trouble of sending a $1 check. It's not worth the hassle. Simply asking them to give you credit will do more for you than them taking it down.


Jen D.

HSK
6th of January 2009 (Tue), 13:49
I can understand how you might feel about having your image used, and yes it is an infringement but given the circumstances - who's using and how they are using it - asking for a $1 check seems trivial, them giving you some kind of credit should suffice, instead of trying to set an example. Or just ask them to remove it.

Don't mean to offend but that's how i see it.

Michael_Lambert
6th of January 2009 (Tue), 13:51
Jump through hoops? What difference is it if they pay $1 or pay $100 either way they pay for the use of the image and are cutting a single check. I don't need to go and try and force them to pay more to prove to myself that my images are worth more to me.

They are a non profit organization that obviously needs the money. So i am all for letting them keep the other $99. If removing my image is easier for them so be it, i never intended for the image to be there to start with.

and yes i really don't want the image there, but at the same time i don't want to be the one to tell them to remove it. When in fact when our other company www.customdivingservices.com gets the international insurance we are after we might be looking to hit them up to offer our services to them :D

So yes it's seems dumb to ask for $1 but if they decide to remove the image i don't come out looking like the bad guy.

thebishopp
6th of January 2009 (Tue), 15:17
I think it's the principle of not giving away your work for free. There has, no doubt, been TONS of threads on this issue and, I might be wrong, but the general consensus is that it is a bad idea to do so.

One must receive SOMETHING in exchange. Even 1.00. It is symbolic.

The OP could type a letter saying that the image was licensed to his buddies business (obviously he won't call it his "buddies" business in the email) and that it was never licensed for any other purpose.

The OP could then go on to say that he reviewed their volunteer site and that he himself is a diver as well as a strong supporter of volunteer organizations.

He could say that as a general principle he does not "give away" his photos and in this case this particular photo and it's usage was bought and paid for by a client (his buddy). HOWEVER being that they are a volunteer organization he would be happy to extend them a usage license for the symbolic rate of 1.00. Not to be a horse's but about it but that he keeps books on what photo is licensed to who and for what and for how long. With the payment of 1.00 he can ethically say that the photo was licensed by their volunteer organization and will go down in the books as such.

Now this is if the OP wants to do this, he can always just tell them to take the photo down as it was a contract job and the photo was licensed to business and that they have not purchased the rights to use it. Or the OP can just say he doesn't have a problem with them using it if they put his copyright on it... whatever he wants as he is the copyright holder of that photo.

Personally I wouldn't care of a volunteer organization used my photos as long as it was not in a negative light but the OP has a point and that is really the only issue here. Anything else is our opinions of what is "cool" and "uncool" things to do.

I personally also don't have a problem with charging a symbolic rate of 1.00. It keeps everything up and up, protects the user of the photo and goes to not giving away one's work for nothing.

MandaSue78
6th of January 2009 (Tue), 15:20
looks like they just searched images online and c/p what they found. I say if they agree to give you credit since they are a non profit then let them use it. But if they refuse, thats a whole other story..

photoguy6405
6th of January 2009 (Tue), 17:36
For a non-profit rescue team providing a valuable service like that, and that may already be strapped for funds, I'd just ask for a proper credit.

jbimages
6th of January 2009 (Tue), 18:54
I just tried a tineye search on the OP's image it was also on

www.aquafans.org
when their spider hit it.

Tee Why
6th of January 2009 (Tue), 19:16
I too think $1 seems to trivialize the image. If it's for a good cause (as it seems to be) just donate it for a photo credit and the group and chalk it up to helping a good non profit org. learn about obeying copyright laws, or sell/license the image for what it's worth.

Michael_Lambert
6th of January 2009 (Tue), 19:17
yea i used tineye and found the aquafans site however the links seemed to be dead and after checking out the site i could not really navigate far through it at work :D

turbo212003
6th of January 2009 (Tue), 19:34
You really asked them to mail you a check for $1? Wow.

Pretty sure it was a joke. Chill down:)

WillMass
6th of January 2009 (Tue), 19:50
I think it's the principle of not giving away your work for free. There has, no doubt, been TONS of threads on this issue and, I might be wrong, but the general consensus is that it is a bad idea to do so.

One must receive SOMETHING in exchange. Even 1.00. It is symbolic.

The OP could type a letter saying that the image was licensed to his buddies business (obviously he won't call it his "buddies" business in the email) and that it was never licensed for any other purpose.

The OP could then go on to say that he reviewed their volunteer site and that he himself is a diver as well as a strong supporter of volunteer organizations.

He could say that as a general principle he does not "give away" his photos and in this case this particular photo and it's usage was bought and paid for by a client (his buddy). HOWEVER being that they are a volunteer organization he would be happy to extend them a usage license for the symbolic rate of 1.00. Not to be a horse's but about it but that he keeps books on what photo is licensed to who and for what and for how long. With the payment of 1.00 he can ethically say that the photo was licensed by their volunteer organization and will go down in the books as such.

Now this is if the OP wants to do this, he can always just tell them to take the photo down as it was a contract job and the photo was licensed to business and that they have not purchased the rights to use it. Or the OP can just say he doesn't have a problem with them using it if they put his copyright on it... whatever he wants as he is the copyright holder of that photo.

Personally I wouldn't care of a volunteer organization used my photos as long as it was not in a negative light but the OP has a point and that is really the only issue here. Anything else is our opinions of what is "cool" and "uncool" things to do.

I personally also don't have a problem with charging a symbolic rate of 1.00. It keeps everything up and up, protects the user of the photo and goes to not giving away one's work for nothing.

Which is why I made the suggestion I did. Win-win!

AndreaBFS
6th of January 2009 (Tue), 20:54
Pretty sure it was a joke. Chill down:)

It wasn't. That's why I said wow.

Michael_Lambert
6th of January 2009 (Tue), 21:08
Well joke or not,

I would not expect you to work for free?? Yet you say that charging $1 does not show that i feel my work is worth money? Yet $1 USD is money!

What i choose to sell my work for is my business. No different than someone who sticks an image on stock photography site sells one copy at a dime! Its still money for a image.

Someone donating there time found my image and decided to use it. Now if they wish to continue using it they will pay for it. That $1 will make it a legitimate sale and i will consider the photo credit payment in full.

JeffreyG
6th of January 2009 (Tue), 21:23
I wanna know why someone shopping for one of those French 'catwoman' outfits might also decide to buy a Viking drysuit diving outfit from the same vendor. There is no way in the world that the drysuit is sexy. No. Sorry.

WillMass
6th of January 2009 (Tue), 22:38
I wanna know why someone shopping for one of those French 'catwoman' outfits might also decide to buy a Viking drysuit diving outfit from the same vendor. There is no way in the world that the drysuit is sexy. No. Sorry.

OK, I'll admit, ya made me look. :D

Mark1
6th of January 2009 (Tue), 23:34
There is a legal president (sp?) to selling rights and other things for $1 vs. giving them away to charities. I cant quote it at the moment to link to. But There are tons of situations where things are sold for $1 to help charities. I see this as one of thoes times. If the many non existant hoops for a $1 check is to much... what if he decided to sue them for damages? Are thoes hoops OK? Or bill them fully for the rights? Come on he is letting them off the hook for a buck! That is not even a slap on the wrist to make the situation right. Or is theft OK because they are a non profit?

Andrushka
6th of January 2009 (Tue), 23:42
hey Michael - just tell those guys you want to come and shoot all their crews and all their equipment as a good deed to support something you believe in/interested in... they just need to pay your way and put you up and you can get some good portfolio shots and they can have something better than the mostly point and shoot shots on their website, good for you and good for them. The photo they are "using" is high quality work man!

I hate to say it, but non-profits do this kind of stuff all the time... sad but true. I'm in the non-profit business and from personal experience i know the smaller non-prof just don't have the money to kick down for better promo materials, ironically. And the point doesn't get driven home to them because it just doesn't pay to take a non-profit to task for using an image without consent. (I'm referring to the majority of non-profs that are small and operate on the thinnest of margins, not United Way or something like that...) From my own daily life i know there is always more projects than money to accomplish them in the non-profit world...

Then this low-overhead, thin margin thing takes another toll on small non-profs: employees or volunteers have to pick up the slack and do things they aren't qualified to do and often its the multi-media/promo/presentational side that suffers the most! I'm constantly telling my friends who do non-profit work to let me help them edit their photos on their websites or shoot a promo picture for them - cause it hurts to watch them use low-quality stuff on their promo materials/slideshows/websites :-) oh my...

neil_r
7th of January 2009 (Wed), 04:14
There is no way in the world that the drysuit is sexy. No. Sorry.

I don't know I reckon I look pretty hot here :-)

http://www.ambrosiabbs.com/gallery/photo/medium/Rice051105_Z6J3254.jpg

Hedley
7th of January 2009 (Wed), 06:18
Theft pure and simple. There are plenty of arguments that a non-profit organisation should be let off but as I have been told many times on pages like this one, that letting each case slide like this just weakens the position of people who rely on images for an income.
As someone who makes websites for my own income, I would expect to get nailed for stealing images for whatever purpose. Even a non-profit organisation could have given you the courtesy of an email explaining the whys,whats, and wherefores of the situation, no...?

Andrushka
7th of January 2009 (Wed), 06:33
Theft pure and simple. There are plenty of arguments that a non-profit organisation should be let off but as I have been told many times on pages like this one, that letting each case slide like this just weakens the position of people who rely on images for an income.
As someone who makes websites for my own income, I would expect to get nailed for stealing images for whatever purpose. Even a non-profit organisation could have given you the courtesy of an email explaining the whys,whats, and wherefores of the situation, no...?

yeah all this is true - non-profits do this crap to their own hurt for sure! Like the OP said - he would be glad to contribute a photo for a non-profit dive rescue squad - they (as with many non-profits) didn't go about it right (or at all for that matter!) its too bad for all parties involved.

Lets be honest, most small non-profits will not have the funds to hire a pro. But what is worse to me is that small non-profs don't even ask or even attempt to attract some help by offering the already available legal tax and publicity advantage for pros donating their products/services or at the least the warm fuzzy feeling one gets from helping others.

MattMoore
7th of January 2009 (Wed), 08:18
How did you find out the site was using your image? Tineye?

Seems like an awfully random site for you to visit.

neil_r
7th of January 2009 (Wed), 08:21
How did you find out the site was using your image? Tineye?

Seems like an awfully random site for you to visit.

Its all in the thread

Just curious -- how did you discover this small outfit nabbed your image?

pmk

Actually its funny, we have gotten several emails over the last year from this guy in Germany asking when we are going to update our website cause he wants to see more "Viking Suits", which is the suit she was wearing.. finally today i got another email from him and replied saying we have no more and have no need for more. and he replied saying she was beautiful and wanted more of her.

My image was labeled "Vikingsuit" so i went on google and searched "Viking Suit" thinking i would find some German site with her picture on it... instead found that dive site and some French latex photo site.. Which i will contact next.

MattMoore
7th of January 2009 (Wed), 08:23
Its all in the thread

gotcha, somehow I missed that....<needs coffee>

Michael_Lambert
7th of January 2009 (Wed), 08:54
I don't know I reckon I look pretty hot here :-)



Haha,

even in the cold i make my Drysuit look hot :) Nothing like using your tanks to break a hole in the ice to go for a dip :D

http://www.michaellambertphotography.com/icediving.jpg

amfoto1
7th of January 2009 (Wed), 09:34
Haha,

even in the cold i make my Drysuit look hot :) Nothing like using your tanks to break a hole in the ice to go for a dip :D

http://www.michaellambertphotography.com/icediving.jpg


Oh great, now you're going to show up on some kinky French site! :rolleyes:

Seriously, you should be able to get a letter from them acknowledging your charitable donation - fair market value of the usage minus the $1 "token" usage fee. I don't know about Canada, but here in the U.S. that donation would be tax deductible. If they are a "real" charitable organization, they will have a government-issued 501C3 (?, I think that's right) form on file and can give you the number for your records.

20DNewbie
7th of January 2009 (Wed), 10:11
Well being that I've got family about twenty minutes from them I and usually visit yearly, I'd have asked about taking a fire truck out for a spin as payment.:lol:

Always wanted to try it out behind the wheel of one of those pigs.http://www.wizdforums.co.uk/images/smilies/shrug.gif

egordon99
7th of January 2009 (Wed), 10:25
**************WARNING******BAD TAX ADVICE IN THIS THREAD**********************

Folks - In the US you can NOT deduct the "value" of your "services"
http://www.hrblock.com/taxes/tax_tips/deductions_credits/charitable_giving.html

You CAN deduct any out of pocket expenses (or mileage) in providing those services. So the OP can't just say "Oh, that image would have cost you $1000, so I'll just deduct $1K from my taxable income" (assuming they're both in the US)

Just thought I'd throw that out there (and I do ALOT of "charity" shooting for events at my Synagogue)

amccomis
7th of January 2009 (Wed), 11:54
I believe the OP's letter is right on, but I would add something like

"as a fellow diver, I truly respect, admire, and appreciate the service you guys provide" -- they will listen to that, because just like any other rescue team, they get little/no appreciation shown to them. And everyone likes being appreciated.

I would further explain that as a copyright holder, I [you] must enforce my rights, because if I ever am caught merely selectively enforcing those rights, it could potentially weakens your position in future cases. In light of that, I [you] would like to make the relationship official by granting a license to use the photo on their site for a one-time fee of $1.00, which, they should immediately accept as a donation to their organization.

And, egordon is correct... the value of your services are not tax-deductible in the US. Otherwise, I would shoot church services on Sundays, bill them $5000, tell them to keep it as a donation, and write it all off. Heh... unfortunately, it just doesn't work that way.

dr1ft
7th of January 2009 (Wed), 13:14
Make it clear that the $1 fee is an exception and state your normal fees and that you will charge them your normal fees if they violate your copyright again. You probably don't want to become their photographer for $1/image.

Village_Idiot
7th of January 2009 (Wed), 13:31
That's funny. Calvert county is about 60 minutes from me.

PixelMagic
7th of January 2009 (Wed), 14:53
Its probably too late now but you might want to edit your e-mail; its way too wordy and riddled with errors.



Alright the email i plan to send.

"Good Afternoon Gentleman.

My name is Michael Lambert of Michael Lambert Photography ( www.michaellambertphotography.com (http://www.michaellambertphotography.com) ) located in Bradford, Ontario Canada.

Recently it has come to my attention that you are using an image that was photographed by myself for the use on the website www.customdivingservices.com (http://www.customdivingservices.com).

The image is of a model Named Amanda, wearing a red Viking suit that is currently being displayed on your website http://www.ccrdt.org/equipment.htm, was taken for the expressive use of myself as per my contract/release with this model.

At this time i have not given your organization any sort of authorization to use this image. As i am sure you are well aware it is illegal to used copyrighted contents ( http://en.wikipedia.org/wiki/Copyrights )

At this point being a fellow diver, underwater photographer and working with a Drysuit repair facility i would like to see you make this right. I would be willing to see this done one of two ways.

1) Remove the image from your site and a simply reply back letting me know its done.

or

2) Mail me a check in the amount of $1.00 USD for the rights to use the image as its being used with a photo credit added.


I appreciate your attention to this matter.

Warmest regards from a fellow cold water diver,

Michael Lambert
905-751-6761
www.michaellambertphotography.com (http://www.michaellambertphotography.com) "

Andrushka
7th of January 2009 (Wed), 16:19
I believe the OP's letter is right on, but I would add something like

"as a fellow diver, I truly respect, admire, and appreciate the service you guys provide" -- they will listen to that, because just like any other rescue team, they get little/no appreciation shown to them. And everyone likes being appreciated.

I would further explain that as a copyright holder, I [you] must enforce my rights, because if I ever am caught merely selectively enforcing those rights, it could potentially weakens your position in future cases. In light of that, I [you] would like to make the relationship official by granting a license to use the photo on their site for a one-time fee of $1.00, which, they should immediately accept as a donation to their organization.

And, egordon is correct... the value of your services are not tax-deductible in the US. Otherwise, I would shoot church services on Sundays, bill them $5000, tell them to keep it as a donation, and write it all off. Heh... unfortunately, it just doesn't work that way.

yeah i figured as much - but certain things can be written off as an early poster stated... but either way you gotta want to do it out of the goodness of your heart... being involved with non-profs is usually no big pay day! :lol: (let me tell you!!)

hopmedic
7th of January 2009 (Wed), 16:43
As a former volunteer fireman I would look at this with the belief that the person who took your image had no idea that what he was doing is illegal. I would also add that volunteer fire department budgets are generally pretty small. Myself, I'd just let them have the picture if they give credit, and educate them on copyright law. I wouldn't bother with the dollar, myself, and giving away rights to a photo shouldn't affect your ability to sell it in the future, or to prevent you from enforcing your rights in other cases of infringement. I could be wrong, but that's my opinion.

photofx
7th of January 2009 (Wed), 17:55
Contact them and offer it to them as a donation, with credit of coarse.

Odie23
7th of January 2009 (Wed), 21:15
Mike,

First, as a resident of Calvert County MD, and a volunteer fire Captian/EMT in Prince George's County MD, I would like to apologize on behalf of my brothers over the theft of your image.

Second, The CC dive team is located about 10 minutes from my house and I would be willing to talk to the Chief of the Department face to face on your behalf if your e-mail does not get a response if you so desire.

Third, again as a resident of Calvert County, if the dive team does not pay your asking fee of $1.00 I am offering to lease the image from you on behalf of the dive team for their continued use.

Fourth, great photo, that model almost makes me want to take up diving. Almost.

Please let me know if any of these options are acceptable to you.

Thanks,
Keith O'Daniel

thebishopp
7th of January 2009 (Wed), 21:41
Wow, looks like problem solved.

Andrushka
8th of January 2009 (Thu), 03:13
wow - its always good to know a guy who knows a guy!

Michael_Lambert
8th of January 2009 (Thu), 09:18
Mike,

First, as a resident of Calvert County MD, and a volunteer fire Captian/EMT in Prince George's County MD, I would like to apologize on behalf of my brothers over the theft of your image.

Second, The CC dive team is located about 10 minutes from my house and I would be willing to talk to the Chief of the Department face to face on your behalf if your e-mail does not get a response if you so desire.

Third, again as a resident of Calvert County, if the dive team does not pay your asking fee of $1.00 I am offering to lease the image from you on behalf of the dive team for their continued use.

Fourth, great photo, that model almost makes me want to take up diving. Almost.

Please let me know if any of these options are acceptable to you.

Thanks,
Keith O'Daniel

Keith,

Thanks for the offer. As of yet i have not heard back from either email address i sent it to and i am not too worried at this point i know they are busy and i am sure they are not sitting on there emails like many of us do.

I am pretty sure this can be resolved in a manor that everyone will be happy with. I would even offer up to send them the same image with a watermark if it makes things easier..

Right now i am just hoping for reply :D

Odie23
8th of January 2009 (Thu), 21:49
Keith,

Thanks for the offer.
Right now i am just hoping for reply :D


Not a problem, please let me know if I can be of assistance.

Keith

Tom Reichner
10th of January 2009 (Sat), 14:58
I think asking for $5 would come across as being petty and small. Perhaps you could contact them and ask if they would like any more images that you would be glad to donate. They're a volunteer / non-profit organization.

Michael_Lambert
27th of January 2009 (Tue), 09:20
Well i just sent off a follow up email, its been two weeks and i have not heard a thing regarding this matter.

Michael_Lambert
27th of January 2009 (Tue), 09:26
humm..

Interesting now i am getting a domain return failure telling me that the address are no longer valid, Funny they worked fine 2 weeks ago and the website is still working!

SMP_Homer
27th of January 2009 (Tue), 09:52
I wanna know why someone shopping for one of those French 'catwoman' outfits might also decide to buy a Viking drysuit diving outfit from the same vendor. There is no way in the world that the drysuit is sexy. No. Sorry.

Picture that drysuit crumpled up on the floor.


Now tell me that's not sexy...

Odie23
27th of January 2009 (Tue), 11:20
humm..

Interesting now i am getting a domain return failure telling me that the address are no longer valid, Funny they worked fine 2 weeks ago and the website is still working!


Mike,

There has been some drama with a couple of the volunteer fire houses down here in Calvert. A few of them have posted photos of their members behaving in a very un-professional manner on their websites. Fallout from this included the hosting company pulling the plug on the offending companys website, and removal of some of the department heads. (A few individuals at a local watering hole have lost their jobs over it.) I haven't heard of the water/dive rescue guys being involved in this, but it is possible. Would you like the phone number to the dive rescue team?

Odie

Michael_Lambert
27th of January 2009 (Tue), 13:38
Odie,

At this time i will sit back, i have printed a copy of the letter and mailed it to the address on there website registered mail. So i will see now what happens of this ;D

Alleh
27th of January 2009 (Tue), 15:31
I would just use it as an oppertunity to educate people on copyright laws for images.

Lonnie
27th of January 2009 (Tue), 21:14
However this works out...congrats on making images that are worth stealing. :)

cjheyer
7th of January 2010 (Thu), 23:56
Dear Mr. Lambert,

Hello! My name is Chris Heyer and I am a Deputy Chief with the Calvert County Rescue Dive Team. I am also the administrator for our webpage. I want to publicly apologize for stealing your photograph and using it without permission on our website. I have removed the photo from our website.

I also want to apologize for us not responding to you in a timely fashion. I was not aware that you had attempted to contact us, and only found this forum and posting when I did a link search to our website in Google.

I meant no harm in using your photo on our website and sincerely apologize for having used your work without permission or credit. Thank you for your understanding!

Sincerely,
Chris Heyer
Calvert County Rescue Dive Team
www.ccrdt.org

obnoxiousmom
8th of January 2010 (Fri), 00:41
^wow I went through 6 pages and a year to see that it was finally resolved. How awesome :) Amazing what google can pull up lol

Andrushka
8th of January 2010 (Fri), 02:01
wow so what are you going to do with/for them now that they have responded?

S30L28
8th of January 2010 (Fri), 03:52
^wow I went through 6 pages and a year to see that it was finally resolved. How awesome :) Amazing what google can pull up lol

So did I!

griptape
9th of January 2010 (Sat), 03:51
Well, in a way, this is just a lesson that people never seem to understand. If you don't want it used without permission, don't put it on the internet. And if you insist on putting it on the internet (which usually seems to be for the purposes of stroking one's own ego, but is also important in showing your portfolio to potential clients), watermark the crap out of it until it is of no use to someone looking for a quick image off of google.

The majority of people ripping images off of google don't even know that what they're doing is wrong. My girlfriend who is getting her MASTER'S DEGREE in publishing was told by her PROFESSOR to do so when working on web design. I insisted we create the images she needed rather than steal them, but the fact is, people are being taught that "if it's on the internet, it's free".

Michael_Lambert
9th of January 2010 (Sat), 21:27
One thing people need to understand these images where taken for a client, For use on there site so watermarking the crap out of them simply was not an option.

Now I have gotten everything i asked for and then some, The image has been removed from there site.. and Chris has come on here and apologized for it. Maybe one day if I am in town he can buy me a beer but as for what am i going to do now.. Nothing but let this thread lay to rest.

The only thing i would suggest to him and anyone else who looks for images for there sites, that times have changed and most people now can monitor the usage of their images with programs like tineye and their are just way too many people out there looking to make a buck from suing anyone they can find.

photoguy6405
17th of January 2010 (Sun), 15:03
...if you insist on putting it on the internet (which usually seems to be for the purposes of stroking one's own ego, but is also important in showing your portfolio to potential clients), watermark the crap out of it until it is of no use...
Unfortunately, some people will pull things off the internet to show clients their proposal, intending to buy if their client likes what they see, but refuse to use anything that has been "watermarked the crap out of", so they move on and buy from someone else.