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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 14 May 2012 (Monday) 17:09
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Website stole and edited my pic - Options?

 
angryman
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May 16, 2012 10:39 as a reply to  @ post 14434602 |  #46

Follow the lead of Getty.... http://www.out-law.com/page-10367 (external link)

They won


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PhotosGuy
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May 16, 2012 10:55 |  #47

CameraMan wrote in post #14438150 (external link)
Your link brings up an interesting question. How would someone make thumbnails of all of their photos to date? Say I have 2 GB of photos and I want to register them. I'm guessing Lightroom could do this with all of your photos. Just resize them to a nice small size and there you have it...

What would be a good size for thumb nails anyway?

I don't use LR, but assume that it could make a gallery with thumbs? If not, I know that PS can. Or this: JAlbum.net


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smacatl
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May 16, 2012 11:07 |  #48

SirStuey wrote in post #14440293 (external link)
Photo's still up as of 11:30am ET 5/16.

This would piss me off majorly. They know they're infringing and blatantly don't care and won't do anything about it. If you're not willing to bring a lawyer into the mess just yet, at least file the DMCA take-down notices ASAP.

It's down - Sir Stuey you are probably looking at a cached view of the website.

If you hit refresh on your browser it will change the image to the new image of a black Dodge Ram 1500.


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scorpio_e
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May 16, 2012 11:45 |  #49

Its down and I see the black Dodge Ram too. I wonder who they stole that image from?


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mirrorrim
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May 16, 2012 12:06 |  #50

So far, it looks like from no one:

http://www.tineye.com …e6/?pluginver=f​irefox-1.1 (external link)




  
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SirStuey
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May 16, 2012 12:55 |  #51

smacatl wrote in post #14440466 (external link)
It's down - Sir Stuey you are probably looking at a cached view of the website.

If you hit refresh on your browser it will change the image to the new image of a black Dodge Ram 1500.

Yup, looks like you're right. Hoorah!




  
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Csae
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May 16, 2012 13:16 |  #52

I don't think that would stand up, why? because i am not a US resident and will not register my images with your country's regulatory methods, but will still sue for copyright infringement if it happens.

Your images are copyrighted the moment you took them, using them without your consent can be considered copyright infringement.

Would you make money out of it without registration? Probably not, but you can still do it. Its an international thing and i wouldn't be surprised to see that "suing without registration impossible" overturned in court.


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Mark1
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May 16, 2012 16:29 |  #53

Csae wrote in post #14438970 (external link)
This sounds absolutely and completely wrong.

Actually it is correct. Copyright is a federal case. And no court will even hear a case with out registration papers. SO.. many lawyers will not take the case without them either. If they feel it is a big pay out, they will take the case. But the absolutley first thing they will do is file for copyright registration.

Csae wrote in post #14438970 (external link)
Registering is simply a dated proof of copyright, it is NOT copyright. You also have a certain amount of time AFTER your photo has been published to register it should you wish, this has nothing to do with the moment you took the photo.

Indeed it is dated proof. But it is also the ONLY legal form of proof of ownership that any court will accept.

Yes you can register after. But in doing so you are only entitled to actual damages. ie... what you would have charged in the first place. If you file beforehand, you can sue for fee, punitave damages, and your legal fees.

Csae wrote in post #14438970 (external link)
I have other proof of copyright, like maybe the original RAW file, GL producing that.

Possession of the file is not an accepted legal form of proof of ownership. This comes as a carry over from the fact that possesion of the negatives was not legal proof either.

Csae wrote in post #14438970 (external link)
Registering does in fact change the monetary values and the willingness of attorneys to take your case, thats entirely true.

Absolutley. Its either they get paid or not.


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Mark1
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May 16, 2012 16:35 |  #54

Csae wrote in post #14441116 (external link)
Your images are copyrighted the moment you took them, using them without your consent can be considered copyright infringement.

It definatley is! Its just with out the registration. You cant do anything about it other than make threats. An analogy I heard and like to use as I did earlier.... copyright gives you the gun to defend your stuff... But registration gives you the bullets. In other words without registering the only thing you have is to hope waving the gun intimidates them into setteling. But thoes that know better know it is only a fancy paper weight. There is nothing they can do. Till they get their bullets.


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Csae
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May 16, 2012 16:37 |  #55

Ugh, so basically you can register it anytime you want, but unless you do it before or within the timeframe allowed youre only allowed the normal fee?

Man your legal system is weird.

Now i'm curious how you apply that for people outside of your country, or is their copyright less important ? I know theres a registration process in Canada as well, but we can go to small claims court without it and possibly still win, we just have to prove beyond a doubt that we are the original creators and copyright owners. Its a bit murkier here due to the fact that without a contract a work for hire is transfer of copyright sadly. So if i shoot a wedding without a contract stating i keep my copyright, i basically transfered to you when you paid me, by default at least.

But thats another issue.

I appreciated the corrections Mark, it seems i was wrong and i'm glad your sharing the correct information.


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Mark1
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May 16, 2012 16:45 |  #56

Yup. You can file any time though. Many do a mass filling. Say, 3 months work in one filling. It is $35 for as many as you can do. And many work never sees the light of day (other then giving it to the client) for a month or so anyway so it is a reasonable to do quarterly filings.

One more kink that sucks. You can file up to 45 days after the infringement and still get some protection. Note that I didnt say 45 days after you notice the infringement.


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JacobPhoto
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May 16, 2012 18:46 |  #57

Doc Fluty wrote in post #14435606 (external link)
Just got off the phone with

Ryan Gronlie
Sales Manager
800.505.3274 Ext 809

and he is a dick.

basically he said its it his companies policy to search car domain or anywhere else on the web and use pictures as it sees fit.

After telling him what a dick move this is.. he hung up on me.

This is not over

I predict this ends with you earning $0 from this whole ordeal, and wasting a bunch of your time.

Good luck. I've been down a very similar road with other companies in the past, and can pretty handily identify which companies are likely to be worth your time to pursue and which ones to write off as a lesson learned. This one is likely the latter.


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Doc ­ Fluty
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May 16, 2012 18:50 as a reply to  @ JacobPhoto's post |  #58

Edited due to settlement.


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Gojira1976
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May 16, 2012 18:56 |  #59
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Doc Fluty wrote in post #14442550 (external link)
im not in it for cash. Im it it cause he laughed at me lol

Google emailed me an hour ago and wanted proof. I emailed them the page html i saved from there site and my shots...

hopefully they get black listed from searches... i am also printing out stuff to let their hosting know.

Also cardomain.com has wrote me back and they are not happy their images are being stolen also.

This aint about the money... its about teaching people its not ok to steal images.

bw! great work! i have skimmed a lot of details, but it sounds as if you did what was needed, and the outcome was what you wanted! thanks for sharing this with us! this si a great learning experience for anyone of any level!


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Doc ­ Fluty
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Jun 14, 2012 19:12 |  #60

Edited due to settlement.


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Website stole and edited my pic - Options?
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