Approve the Cookies
This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and our Privacy Policy.
OK
Index  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Guest
New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Register to forums    Log in

 
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 07 Jun 2012 (Thursday) 23:36
Search threadPrev/next
sponsored links
(this ad will go away when you log in as a registered member)

Is my photo stolen????

 
angryman
Senior Member
Avatar
573 posts
Gallery: 4 photos
Likes: 10
Joined May 2011
Location: Riding my Kangaroo around Australia
     
Jun 08, 2012 12:19 |  #31

Kronie wrote in post #14550800 (external link)
I doubt you would see a few thousand and its probably not worth waiting years for through the courts. Sounds like you got what you wanted which was the press pass.

I agree...pick your battles.

At least you know they like your work :D


Angryman Photography & Design (external link)

  
  LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as a registered member)
TooManyShots
THREAD ­ STARTER
Cream of the Crop
10,203 posts
Likes: 525
Joined Jan 2008
Location: NYC
     
Jun 08, 2012 12:22 |  #32
bannedPermanent ban

Kronie wrote in post #14550800 (external link)
I doubt you would see a few thousand and its probably not worth waiting years for through the courts. Sounds like you got what you wanted which was the press pass.


Is probably would be a settlement if it comes to litigation. Where I shoot, it is a small community. Words do get around quick.....


One Imaging Photography (external link) and my Flickr (external link)
Facebook (external link)

  
  LOG IN TO REPLY
TooManyShots
THREAD ­ STARTER
Cream of the Crop
10,203 posts
Likes: 525
Joined Jan 2008
Location: NYC
     
Jun 08, 2012 12:52 as a reply to  @ angryman's post |  #33
bannedPermanent ban

Man, some morning I have. Not sure where this will lead to. Well, anyway.... In another note, last week I was at the Tour of Somerville. http://www.tourofsomer​ville.org/ (external link) They were giving out a pretty sizable and thick brochure to spectators. The brochure is meant to promote the town of Somerville and the race too. To my amusement, the front cover of the brochure was featuring one of our local riders and so happened to be on my FB list. He was ecstatic about it. Being a photog, I asked him if he was ever asked to have his face splattered all over the front cover. The answer was NO. He only found out on the day of the race. The shot wasn't good at all. Just good enough to show his face and his team jersey. He was happy about it and I didn't say anything to him further. I never expect a big race like the Tour of Somerville would actually using likeness of a rider without asking them for permission, at least, if not for payment. And the photog who took the shot and submitted the photo?


One Imaging Photography (external link) and my Flickr (external link)
Facebook (external link)

  
  LOG IN TO REPLY
PhotogNY
Senior Member
Avatar
601 posts
Likes: 36
Joined Aug 2010
Location: Lawn Guyland, Noo Yawk
     
Jun 08, 2012 13:33 |  #34

Biffbradford wrote in post #14549670 (external link)
Many times you come home from a race with 200 to 1,000 keeper photos, not just 5 or 6. You're supposed to register 1,000 photos a week???

No, you register your photos every 3 MONTHS, and yes, you can register ALL of the photos that you've taken over that 3 month period, all for the same price, $35. There's no discount if you leave out the crappy ones.

Sirrith wrote in post #14550465 (external link)
I was under the impression that you have 90 days or something like that from when you find out about the infringement to register your infringed work?

No, you have 3 months from first publication to register. If you fail to register within that period, you can still register at a later time, as long as you have not been infringed yet. If your photo is misappropriated after that 3 month window and you failed to timely register, you're out of luck. You can still register, but you're not entitled to the true benefits of registration for that particular infringement, which would be statutory damages and attorney's fees.



Photographer's Guide to Copyright Law Basics (external link)

  
  LOG IN TO REPLY
themadman
Cream of the Crop
Avatar
18,871 posts
Likes: 13
Joined Nov 2009
Location: Northern California
     
Jun 08, 2012 18:52 |  #35

I've included a little law for you. Good thing you had a watermark, now they can't say they didn't know, willing infringement $$$.

§ 504. Remedies for infringement: Damages and profits3

(a) In General. — Except as otherwise provided by this title, an infringer of copyright is liable for either —

(1) the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or

(2) statutory damages, as provided by subsection (c).

(b) Actual Damages and Profits. — The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.

(c) Statutory Damages. —

(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.

(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or (ii) a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a public broadcasting entity (as defined in subsection (g) of section 118) infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a work.

(3) (A) In a case of infringement, it shall be a rebuttable presumption that the infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert with the violator, knowingly provided or knowingly caused to be provided materially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the infringement.

(B) Nothing in this paragraph limits what may be considered willful infringement under this subsection.

(C) For purposes of this paragraph, the term “domain name” has the meaning given that term in section 45 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes” approved July 5, 1946 (commonly referred to as the “Trademark Act of 1946”; 15 U.S.C. 1127).

(d) Additional Damages in Certain Cases. — In any case in which the court finds that a defendant proprietor of an establishment who claims as a defense that its activities were exempt under section 110(5) did not have reasonable grounds to believe that its use of a copyrighted work was exempt under such section, the plaintiff shall be entitled to, in addition to any award of damages under this section, an additional award of two times the amount of the license fee that the proprietor of the establishment concerned should have paid the plaintiff for such use during the preceding period of up to 3 years.

§ 505. Remedies for infringement: Costs and attorney's fees

In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney's fee to the prevailing party as part of the costs.

§ 506. Criminal offenses4

(a) Criminal Infringement. —

(1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed —

(A) for purposes of commercial advantage or private financial gain;

(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

(2) Evidence. — For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.

(3) Definition. — In this subsection, the term “work being prepared for commercial distribution” means —

(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution —

(i) the copyright owner has a reasonable expectation of commercial distribution; and

(ii) the copies or phonorecords of the work have not been commercially distributed; or

(B) a motion picture, if, at the time of unauthorized distribution, the motion picture —

(i) has been made available for viewing in a motion picture exhibition facility; and

(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.

(b) Forfeiture and Destruction. — When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords.

(c) Fraudulent Copyright Notice. — Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

(d) Fraudulent Removal of Copyright Notice. — Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.

(e) False Representation. — Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.

(f) Rights of Attribution and Integrity. — Nothing in this section applies to infringement of the rights conferred by section 106A(a).

§ 507. Limitations on actions5

(a) Criminal Proceedings. — Except as expressly provided otherwise in this title, no criminal proceeding shall be maintained under the provisions of this title unless it is commenced within 5 years after the cause of action arose.

(b) Civil Actions. — No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.

§ 508. Notification of filing and determination of actions

(a) Within one month after the filing of any action under this title, the clerks of the courts of the United States shall send written notification to the Register of Copyrights setting forth, as far as is shown by the papers filed in the court, the names and addresses of the parties and the title, author, and registration number of each work involved in the action. If any other copyrighted work is later included in the action by amendment, answer, or other pleading, the clerk shall also send a notification concerning it to the Register within one month after the pleading is filed.

(b) Within one month after any final order or judgment is issued in the case, the clerk of the court shall notify the Register of it, sending with the notification a copy of the order or judgment together with the written opinion, if any, of the court.

(c) Upon receiving the notifications specified in this section, the Register shall make them a part of the public records of the Copyright Office.


Will | WilliamLiuPhotography.​com (external link) | Gear List and Feedback | CPS Member | Have you Pre-Ordered Your 3Dx Yet? | HorusBennu Discussion | In honor of Uncle Steve, thanks for everything! 10-5-2011

  
  LOG IN TO REPLY
Biffbradford
Goldmember
Avatar
2,784 posts
Gallery: 25 photos
Likes: 195
Joined Jul 2008
Location: Milwaukee
     
Jun 08, 2012 19:48 |  #36

Send in 3 months worth of cycling shots to be registered? ??? There are a TON of races around here during the summer. I'd have to ship a TB hard drive!

I still don't get what a media pass grants you at a bike race. Even a big one like Sommerville. What can you shoot that you can't without one? Post race press conferences?

I had a photo lifted that was used for the cover of a county travel and entertainment booklet where the race was held. It was the photo of the race finish and the rider was from France so I'm sure the rider didn't care, and I made sure I got a couple copies myself. If that cover helped promoters get the race permit renewed for the next year, then it was worth it to me. ;) Like someone said - pick your battles.


My pictures: John Wilke Photography (external link), Flikr (external link) , Facebook (external link), Fine Arts America (external link), Canon 1D MkII N, 1D MkIII, various Canon and Tokina lenses. :D

  
  LOG IN TO REPLY
FlyingPhotog
Cream of the "Prop"
Avatar
57,560 posts
Likes: 142
Joined May 2007
Location: Probably Chasing Aircraft
     
Jun 08, 2012 19:55 |  #37

Biffbradford wrote in post #14552678 (external link)
Send in 3 months worth of cycling shots to be registered? ??? There are a TON of races around here during the summer. I'd have to ship a TB hard drive!

I still don't get what a media pass grants you at a bike race. Even a big one like Sommerville. What can you shoot that you can't without one? Post race press conferences?

I had a photo lifted that was used for the cover of a county travel and entertainment booklet where the race was held. It was the photo of the race finish and the rider was from France so I'm sure the rider didn't care, and I made sure I got a couple copies myself. If that cover helped promoters get the race permit renewed for the next year, then it was worth it to me. ;) Like someone said - pick your battles.

You don't upload full-res images.

350x jpeg is good enough and you can use zip files.


Jay
Crosswind Images (external link)
Facebook Fan Page (external link)

"If you aren't getting extraordinary images from today's dSLRs, regardless of brand, it's not the camera!" - Bill Fortney, Nikon Corp.

  
  LOG IN TO REPLY
c2thew
Goldmember
Avatar
3,929 posts
Likes: 4
Joined Aug 2008
Location: Not enough minerals.
     
Jun 08, 2012 19:59 |  #38

popcorn at the ready! I would at least try to get something from them since they don't want to throw away a photo that they've heavily worked on and displayed on their website. talk to the person in charge and explain what amount you would like in compensation.


Flickr (external link) |Gear|The-Digital-Picture (external link)|The $6 mic | MAGIC LANTERN (external link) | Welding Filter
Go Support Magic Lantern 2.3!!

  
  LOG IN TO REPLY
TooManyShots
THREAD ­ STARTER
Cream of the Crop
10,203 posts
Likes: 525
Joined Jan 2008
Location: NYC
     
Jun 08, 2012 20:01 |  #39
bannedPermanent ban

Biffbradford wrote in post #14552678 (external link)
Send in 3 months worth of cycling shots to be registered? ??? There are a TON of races around here during the summer. I'd have to ship a TB hard drive!

I still don't get what a media pass grants you at a bike race. Even a big one like Sommerville. What can you shoot that you can't without one? Post race press conferences?


With the Harlem Crit, pretty much the entire circuit is blocked off with gates. With Somerville, it is only 1/3 of the course. With the media pass, I can pretty much walk on the course without the marshals harassing me. This would allow me to shoot low and maybe close, provided that I don't cause a crash. :) I have been thinking too if I should invoice them. Most likely they would stall until the race is over and then just ignore me. I will get pissed and begin to think about taking up legal actions.


One Imaging Photography (external link) and my Flickr (external link)
Facebook (external link)

  
  LOG IN TO REPLY
FlyingPhotog
Cream of the "Prop"
Avatar
57,560 posts
Likes: 142
Joined May 2007
Location: Probably Chasing Aircraft
     
Jun 08, 2012 20:04 |  #40

TooManyShots wrote in post #14552719 (external link)
With the Harlem Crit, pretty much the entire circuit is blocked off with gates. With Somerville, it is only 1/3 of the course. With the media pass, I can pretty much walk on the course without the marshals harassing me. This would allow me to shoot low and maybe close, provided that I don't cause a crash. :) I have been thinking too if I should invoice them. Most likely they would stall until the race is over and then just ignore me. I will get pissed and begin to think about taking up legal actions.

Technically, you can't invoice for something you did not sell...

You have no B2B relationship here. They didn't stiff you, they infringed your copyright.

One's annoying, the other violates federal statutes.


Jay
Crosswind Images (external link)
Facebook Fan Page (external link)

"If you aren't getting extraordinary images from today's dSLRs, regardless of brand, it's not the camera!" - Bill Fortney, Nikon Corp.

  
  LOG IN TO REPLY
TooManyShots
THREAD ­ STARTER
Cream of the Crop
10,203 posts
Likes: 525
Joined Jan 2008
Location: NYC
     
Jun 08, 2012 20:09 |  #41
bannedPermanent ban

FlyingPhotog wrote in post #14552729 (external link)
Technically, you can't invoice for something you did not sell...

You have no B2B relationship here. They didn't stiff you, they infringed your copyright.

One's annoying, the other violates federal statutes.


Maybe I should do a poll here whether I should pursuit legal actions against them or trying to resolve this in a diplomatic way???


One Imaging Photography (external link) and my Flickr (external link)
Facebook (external link)

  
  LOG IN TO REPLY
Biffbradford
Goldmember
Avatar
2,784 posts
Gallery: 25 photos
Likes: 195
Joined Jul 2008
Location: Milwaukee
     
Jun 08, 2012 20:28 |  #42

TooManyShots wrote in post #14552719 (external link)
With the Harlem Crit, pretty much the entire circuit is blocked off with gates. With Somerville, it is only 1/3 of the course. With the media pass, I can pretty much walk on the course without the marshals harassing me. This would allow me to shoot low and maybe close, provided that I don't cause a crash. :) I have been thinking too if I should invoice them. Most likely they would stall until the race is over and then just ignore me. I will get pissed and begin to think about taking up legal actions.

I don't want to drag this too far off topic, but BAH! Safety first, the course is for riders, not spectators (even photogs). There is nothing shot from the inside of the barriers, that you can't get from outside. Nothing. Even the finish. Good luck! :D


My pictures: John Wilke Photography (external link), Flikr (external link) , Facebook (external link), Fine Arts America (external link), Canon 1D MkII N, 1D MkIII, various Canon and Tokina lenses. :D

  
  LOG IN TO REPLY
TooManyShots
THREAD ­ STARTER
Cream of the Crop
10,203 posts
Likes: 525
Joined Jan 2008
Location: NYC
     
Jun 08, 2012 20:38 |  #43
bannedPermanent ban

Biffbradford wrote in post #14552793 (external link)
I don't want to drag this too far off topic, but BAH! Safety first, the course is for riders, not spectators (even photogs). There is nothing shot from the inside of the barriers, that you can't get from outside. Nothing. Even the finish. Good luck! :D


I agree with you if you can only shoot behind the barriers. Generally, the finish tends to get crowded and you can't find a spot closer to the finish line. So, you have to find a spot further down. This gets problematic. Even with a long lens, I realize that the heat waves cause a huge IQ issue with the shot. Longer shooting distance makes it worst. Take this shot for an example. Shot with a 70-200L + 1.4x extender on a 1dIII.

IMAGE: http://www.oneimagingphotography.com/CyclingRaces2011/Harlem-Skyscraper-Classic61911/Highlights/i-qC6QJNQ/0/L/cat4winnerwithhugemargin-L.jpg
IMAGE LINK: http://www.oneimagingp​hotography.com …207926&k=qC6QJN​Q&lb=1&s=A  (external link)

It was cropped a quite a lot. Fortunately, it looks good "enough." It could have been better if I was at least half way closer.

One Imaging Photography (external link) and my Flickr (external link)
Facebook (external link)

  
  LOG IN TO REPLY
Bosscat
Goldmember
1,892 posts
Joined Apr 2005
Location: Ontario Canada
     
Jun 08, 2012 21:45 |  #44

FlyingPhotog wrote in post #14552729 (external link)
Technically, you can't invoice for something you did not sell...

You have no B2B relationship here. They didn't stiff you, they infringed your copyright.

One's annoying, the other violates federal statutes.

They are using it through theft.

If I eat one bite of a sandwich and claim it tastes like crap I still have to pay.


Your camera is alot smarter than the "M" Zealots would have you believe

  
  LOG IN TO REPLY
FlyingPhotog
Cream of the "Prop"
Avatar
57,560 posts
Likes: 142
Joined May 2007
Location: Probably Chasing Aircraft
     
Jun 08, 2012 21:58 |  #45

Bosscat wrote in post #14553033 (external link)
They are using it through theft.

If I eat one bite of a sandwich and claim it tastes like crap I still have to pay.

You ordered the sandwich. They didn't order the photo...


Jay
Crosswind Images (external link)
Facebook Fan Page (external link)

"If you aren't getting extraordinary images from today's dSLRs, regardless of brand, it's not the camera!" - Bill Fortney, Nikon Corp.

  
  LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as a registered member)

9,634 views & 0 likes for this thread
Is my photo stolen????
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
AAA
x 1600
y 1600

Jump to forum...   •  Rules   •  Index   •  New posts   •  RTAT   •  'Best of'   •  Gallery   •  Gear   •  Reviews   •  Member list   •  Polls   •  Image rules   •  Search   •  Password reset

Not a member yet?
Register to forums
Registered members may log in to forums and access all the features: full search, image upload, follow forums, own gear list and ratings, likes, more forums, private messaging, thread follow, notifications, own gallery, all settings, view hosted photos, own reviews, see more and do more... and all is free. Don't be a stranger - register now and start posting!


COOKIES DISCLAIMER: This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and to our privacy policy.
Privacy policy and cookie usage info.


POWERED BY AMASS forum software 2.1forum software
version 2.1 /
code and design
by Pekka Saarinen ©
for photography-on-the.net

Latest registered member was a spammer, and banned as such!
1197 guests, 333 members online
Simultaneous users record so far is 15144, that happened on Nov 22, 2018

Photography-on-the.net Digital Photography Forums is the website for photographers and all who love great photos, camera and post processing techniques, gear talk, discussion and sharing. Professionals, hobbyists, newbies and those who don't even own a camera -- all are welcome regardless of skill, favourite brand, gear, gender or age. Registering and usage is free.