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????

 
SMP_Homer
Cream of the Crop
Avatar
5,586 posts
Gallery: 25 photos
Likes: 395
Joined Mar 2008
Location: London, Ontario
     
Jun 11, 2012 11:08 |  #76

TooManyShots wrote in post #14550298 (external link)
I managed to contact the person who has connections to the race organizer and also responsible for the site content. Looks like I am getting my media pass on the day of the race. Just spoke to the race organizer and he said he would make it up to me (inviting me to shoot one of his races). Gee, is that how you get your connections? Waiting until the promoter stealing your works and threatening them with litigation. And you play the good guy who is doing it for the community and trying to be diplomatic about it?

It's nice that you're happy with something like that - I can understand that not everyone sees a big $$ value, and that something like a media pass can make you happy...

but that sets a precedence...

next time they use your image, they may not fear not asking first, and you ask for something more, they already have an idea of what you'll settle for... any negotiations on your end will give them a starting point of a 'free to them' media pass....

next time someone else tries to support themselves with them, they'll seek you out as you are much cheaper to them - in effect making it harder for someone else to make their living...

it's nice that you get a media pass out of it for another event... there are a lot of events I'd love to have that kind of access to, but there's no real value to the offender, no real slap on the wrists for the unasked use of your image!


EOS R / 7D2 / 1D IV
24-105L, 100-400L, 100L, 300 2.8L, 1.4x II / 2x II
Sig35A, Sig85A, Sig14-24A, Sig24-105A, Sig70-200S, Sig150-600C
600EX-II X3, 430EX-III X3

  
  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 11, 2012 11:23 |  #77
bannedPermanent ban

SMP_Homer wrote in post #14562967 (external link)
It's nice that you're happy with something like that - I can understand that not everyone sees a big $$ value, and that something like a media pass can make you happy...

but that sets a precedence...

next time they use your image, they may not fear not asking first, and you ask for something more, they already have an idea of what you'll settle for... any negotiations on your end will give them a starting point of a 'free to them' media pass....

next time someone else tries to support themselves with them, they'll seek you out as you are much cheaper to them - in effect making it harder for someone else to make their living...

it's nice that you get a media pass out of it for another event... there are a lot of events I'd love to have that kind of access to, but there's no real value to the offender, no real slap on the wrists for the unasked use of your image!


I agree with you. I don't think I was the ones who set the precedence for shooting for free. Last year, there were maybe 2 or 3 official press photographers (with photo vests). I doubt that they got paid because one of the photo collections you see a bunch of amateur works. Blurry riders with a clear background because the photog didn't track the riders. Instead, trying to free actions using a higher shutter speed. I didn't register the shot and so I am not sure I can get much statutory damage reward from filing a lawsuit. I don't mind them stealing shots next year because I will register my shots for the next week race. :) Believe me, I really don't think anyone can make a living shooting their local cycling races. I really don't think there are any local race promoters would hire a pro to cover their events, unless the race is very big and important.


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

  
  LOG IN TO REPLY
smacatl
Goldmember
Avatar
1,539 posts
Likes: 34
Joined Jul 2008
Location: Atlanta, GA
     
Jun 11, 2012 12:45 |  #78

TooManyShots wrote in post #14563023 (external link)
I don't mind them stealing shots next year because I will register my shots for the next week race. :) Believe me, I really don't think anyone can make a living shooting their local cycling races. I really don't think there are any local race promoters would hire a pro to cover their events, unless the race is very big and important.

Here's the prediction for next year:

You: Hey! Those are my images! They are registered and I own the rights to them - Pay up!

Them: Sorry, you were working for us in 2012. You were an "Official Press Photographer" We even gave you that nice reflective vest to wear during the event.

You: Crap! Just you guys wait until next year!

Them: Do you want to be considered "Official" this year or not? - We have a lot of guys who are interested.

You: &#^$#*&@!!!

And the cycle continues..........

I'm glad that you are pleased with the way it worked out, but I am sorry that you are willing to let them steal your talent with no ramifications.

Good luck at this years event, please let us know how it turns out.


Smacatl
Premier Member of the OGUS Photo Club (Over-Geared, Under-Skilled) (with Credit to our President & Founder JWCDDS)
Gear List

  
  LOG IN TO REPLY
TooManyShots
THREAD ­ STARTER
Cream of the Crop
10,203 posts
Likes: 525
Joined Jan 2008
Location: NYC
     
Jun 11, 2012 12:54 |  #79
bannedPermanent ban

smacatl wrote in post #14563479 (external link)
Here's the prediction for next year:

You: Hey! Those are my images! They are registered and I own the rights to them - Pay up!

Them: Sorry, you were working for us in 2012. You were an "Official Press Photographer" We even gave you that nice reflective vest to wear during the event.

You: Crap! Just you guys wait until next year!

Them: Do you want to be considered "Official" this year or not? - We have a lot of guys who are interested.

You: &#^$#*&@!!!

And the cycle continues..........

I'm glad that you are pleased with the way it worked out, but I am sorry that you are willing to let them steal your talent with no ramifications.

Good luck at this years event, please let us know how it turns out.

What??? I have to read their release if they want me to sign one next week.... :)


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
     
Sep 17, 2012 20:18 |  #80
bannedPermanent ban

I thought I post an update here. Well, I shouldn't be surprised. The promoter only paid lip services for the upcoming photo opportunities. Once the race was over, I haven't heard from him since. I did shoot the race as an official photog for the event and posted 10 or so photos on their site unwatermarked. I have also registered the photos as well. Recently, the race promoter has become sort of a public enemy of the local racing scene since he condoned Lance's alleged doping, in the name of science. :) For the fact that he thought I would let him slide from his offense, I felt cheated.

Anyway, I am considering seeking legal actions against him. Of course, an IP lawyer can only provide me with the right answers. FYI, the photo was never registered but the watermark was willfully altered and removed. Even if seeking a future legal action may not be a good idea, I would write a letter to the future race sponsors about him and what he did. I may even mention to them about a potential lawsuit against him. That should make life a bit difficult for him in the future. Well, is personal now....:)

FYI, I am cutting back next year in photographing the local races. So, whatever will happen to him it would not hurt my bottom line.


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

  
  LOG IN TO REPLY
Dan ­ Marchant
Do people actually believe in the Title Fairy?
Avatar
5,306 posts
Gallery: 19 photos
Likes: 1575
Joined Oct 2011
Location: Where I'm from is unimportant, it's where I'm going that counts.
     
Sep 18, 2012 04:20 as a reply to  @ TooManyShots's post |  #81

If he removed/altered your watermark or copyright notice that is a federal offence (separate from any copyright infringement) and the penalty is from $2500 to $25,000. See http://www.photoattorn​ey.com …e-music-to-your-ears.html (external link)


Dan Marchant
Website/blog: danmarchant.com (external link)
Instagram: @dan_marchant (external link)
Gear Canon 5DIII + Fuji X-T2 + lenses + a plastic widget I found in the camera box.

  
  LOG IN TO REPLY
TooManyShots
THREAD ­ STARTER
Cream of the Crop
10,203 posts
Likes: 525
Joined Jan 2008
Location: NYC
     
Sep 18, 2012 10:02 |  #82
bannedPermanent ban

Dan Marchant wrote in post #15007714 (external link)
If he removed/altered your watermark or copyright notice that is a federal offence (separate from any copyright infringement) and the penalty is from $2500 to $25,000. See http://www.photoattorn​ey.com …e-music-to-your-ears.html (external link)


The money isn't an issue. Not sure how much I would have left after the attorney fees. As long as I don't have to pay a dime to make his life miserable, I am cool.


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

  
  LOG IN TO REPLY
tcphoto1
Goldmember
Avatar
1,339 posts
Gallery: 26 photos
Likes: 914
Joined Sep 2005
Location: Madison, Ga
     
Sep 18, 2012 11:00 |  #83

An IP Attorney would most likely agree to take the case on for a percentage of the settlement. If the facts are as you've posted, I don't think you'll have any problems finding one. I had a smaller case which was settled within days and my Attorney sent me a check quickly.


www.tonyclarkphoto.com (external link)
www.tcphoto.org (external link)

  
  LOG IN TO REPLY
TooManyShots
THREAD ­ STARTER
Cream of the Crop
10,203 posts
Likes: 525
Joined Jan 2008
Location: NYC
     
Sep 18, 2012 11:47 |  #84
bannedPermanent ban

tcphoto1 wrote in post #15009045 (external link)
An IP Attorney would most likely agree to take the case on for a percentage of the settlement. If the facts are as you've posted, I don't think you'll have any problems finding one. I had a smaller case which was settled within days and my Attorney sent me a check quickly.


Can anyone recommend a good, reliable IP attorney in NYC?? Does anyone think that the case would not be in my favor because I and the promoter had a verbal agreement to let this incidence slide after the infringement? And the promoter isn't fulfilling his end of the deal? Or does it even matter? I also uploaded the same shot to them, after the infringement, for them to promote my work on their site.


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

  
  LOG IN TO REPLY
c2thew
Goldmember
Avatar
3,929 posts
Likes: 4
Joined Aug 2008
Location: Not enough minerals.
     
Sep 18, 2012 12:46 |  #85

try getting your case on the peoples court since you're out in nyc. I think it'd be a case worth watching.


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
Dan ­ Marchant
Do people actually believe in the Title Fairy?
Avatar
5,306 posts
Gallery: 19 photos
Likes: 1575
Joined Oct 2011
Location: Where I'm from is unimportant, it's where I'm going that counts.
     
Sep 18, 2012 17:50 |  #86

TooManyShots wrote in post #15009280 (external link)
Can anyone recommend a good, reliable IP attorney in NYC?? Does anyone think that the case would not be in my favor because I and the promoter had a verbal agreement to let this incidence slide after the infringement? And the promoter isn't fulfilling his end of the deal?

If you had an agreement with the promoter and he failed to honour his obligations then this is not a copyright infringement case, it is a breach of contract case.


Dan Marchant
Website/blog: danmarchant.com (external link)
Instagram: @dan_marchant (external link)
Gear Canon 5DIII + Fuji X-T2 + lenses + a plastic widget I found in the camera box.

  
  LOG IN TO REPLY
TooManyShots
THREAD ­ STARTER
Cream of the Crop
10,203 posts
Likes: 525
Joined Jan 2008
Location: NYC
     
Sep 18, 2012 18:13 |  #87
bannedPermanent ban

Dan Marchant wrote in post #15010963 (external link)
If you had an agreement with the promoter and he failed to honour his obligations then this is not a copyright infringement case, it is a breach of contract case.


Thanks....hmmm...I guess I should get my answers from an IP lawyer.


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

  
  LOG IN TO REPLY
joedlh
Cream of the Crop
Avatar
5,304 posts
Gallery: 40 photos
Likes: 444
Joined Dec 2007
Location: Long Island, NY, N. America, Sol III, Orion Spur, Milky Way, Local Group, Virgo Cluster, Laniakea.
     
Sep 18, 2012 18:37 |  #88

angryman wrote in post #14550603 (external link)
I did an overlay in PS, and is definitely your shot, no question. I just cant see why they would go to all the trouble of putting such insignificant details of the straps and logos back into the shoes

I second this. I entertained the thought that someone standing next to you took the same shot at the same instant. But the two images register precisely when one is layered and scaled over the other in photoshop. I couldn't find any deviation. It's a clear case of willful theft because they removed your logo. I personally think it would encourage this kind of thing if you didn't make a stink about it. We must stick up for intellectual property rights.

Was this race a commercial endeavor or a fund raising event for a non-profit? If for a non-profit, you could forgive them somewhat. But they should still be informed that they did something wrong in my opinion.


Joe
Gear: Kodak Instamatic, Polaroid Swinger. Oh you meant gear now. :rolleyes:
http://photo.joedlh.ne​t (external link)
Editing ok

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

9,618 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 is pius
1815 guests, 230 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.