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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 18 Jan 2013 (Friday) 03:50
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Newspaper article on photos stolen from online sites & used without permission

 
Savethemoment
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Jan 18, 2013 03:50 |  #1

I thought people might find this interesting. Has it happened to you?

http://www.smh.com.au …mages-20130118-2cx6x.html (external link)


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PhotosGuy
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Jan 18, 2013 08:39 |  #2

"There are sophisticated software programs available to upsize small images with excellent results and most copyright notices are easily cloned or cropped out."

If an image that was taken originally had a watermark that was removed, then you have a case for damages separate from the ones that require registration.
From Carolyn E Wright's blog: (external link) Section 1202 of the U.S. Copyright Act makes it illegal for someone to remove the watermark from your photo so that it can disguise the infringement when used. The fines start at $2500 and go to $25,000 in addition to attorneys' fees and any damages for the infringement.

Step by step advice: Help! I’ve Been Infringed! (external link)


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BigAl007
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Jan 18, 2013 10:42 |  #3

Frank unfortunately that only applies in the good ol USA. The article, and the photographers referenced are in Australia, which changes things for violations that happen in Australia. Of course there is the chance that some of the works have been violated in the USA and there I guess that it would only be worth pursuing if there has been a removal of a watermark, as Australian images are unlikely to be registered with the US copyright office.

I understand that the history of copyright in the USA is different than in most other Bern Convention countries, and that in moving to the Bern Convention the US government did not want to loose the tax dollars, small though they may be (although I have no idea how much that sum is) when you moved to the Bern convention that doesn't require registration. Introducing a two tier system for copyright control that says carry on paying our copyright tax and you can have possibly enforceable protection, or don't expect your legal rights to be enforceable at all though seems to me to be grossly unfair on those who are not American. Yes in most other Bern Convention countries you can only get back your actual losses, but they do include the costs of the lawyers, which it seems from what I have seen posted here it is not possible to do in the USA, leading to lawyers being unwilling to take on cases unless the you have the added Federal registration.

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PhotosGuy
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Jan 18, 2013 22:48 |  #4

Thanks, Alan. I'd thought that the Bern Convention was the same for everyone who signed it.


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BigAl007
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Jan 19, 2013 04:24 |  #5

As in many of these international conventions they provide a minimum/standard level of protection across all member states. If a state wants to add additional levels of protection often they can also do that. We get that a lot in the EU where the directives have to be enshrined in national law, some countries go further than others in how they do that, and how they enforce it, the UK is famous for going all the way as they say. Back to the case in point you still have to fight in the country where the violation takes place too, so even if you are a US based photographer, if you are violated in the UK you have to fight in the UK courts, and your US Federal registration will be worth exactly Zero.

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BirdsOfPreyDave
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Jan 29, 2013 19:25 as a reply to  @ BigAl007's post |  #6

This will probably look like I'm a troll; posting something like this as my first-ever post on this board. I'm really not. LOL.

The funny thing about this article is that, several weeks after publishing the article, the same paper stole one of Trey Ratcliff's pictures and published it on their front page without his permission. He has a story about it on his blog.


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Newspaper article on photos stolen from online sites & used without permission
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