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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 05 Aug 2012 (Sunday) 11:58
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A car magazine has published my picture...I wasn't informed/credited/retribute​d...

 
DarioC
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Aug 05, 2012 11:58 |  #1

420,174,086th edition....:rolleyes:

Sadly this is happening more and more in today's times of Internet published photos. Just searching online will produce countless topics where photographers are having their photos published with no credit or retribution.(I hope I'm posting in the right section).

So, by chance someone posted a link to a photo they took of an article about an italian classic car in the latest issue, of the Italian version, of a well known car magazine (4th issue...great start).*
I immediately noticed that one of the main photos in the article was mine (size is almost the third of a page) taken a year or so ago. I had posted it on my flickr and on an Italian forum. The photos all have my watermarks on them.

The photo that was published has been cut, and obviously has had the watermark removed. No credits and no image source is mentioned.

I am currently out of town so I will be picking up a copy tomorrow to be 100% sure there are no credits.

I am in the process of drafting an email to send to the Italian office of the magazine, but I would like some help on what to write to the Head office in the UK (also Facebook page/publishing company) in case the Italians don't budge...:mad:
Any advice would be much appreciated, especially on what I can do now, what I should pretend and what the legislation in Europe states regarding images.

As soon a I am back to my computer I will post more details.

Ciao:confused:


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PhotosGuy
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Aug 05, 2012 12:49 |  #2

I don't know about Italy, but there's something in "Copyright law of the United Kingdom" in here that might help.
Image theft. Help please


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JacobPhoto
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Aug 05, 2012 13:10 |  #3

Why did you put an asterisk next to mentioning that the photo was watermarked?
What resolution did you upload to flickr?
did the watermark have the correct 'notification of copyright' ?

Chances are, if they had a budget to pay, they would have reached out to you to discuss payment. Don't expect to get more than a 'whoops, sorry'.


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BLD_007
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Aug 05, 2012 13:40 |  #4

I know in the United States if you register the photo and if a company edited out the watermark you are entitled to over $100,000. The editing out of the watermark shows they a guilty of fraud.

If this happened in the States the editing out of the watermark would have fines placed on the company + the fines for stealing your photo. If you were in the states, you would have a nice payday coming.


Now, I don't know Europe laws, sorry


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DarioC
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Aug 05, 2012 13:58 |  #5

JacobPhoto wrote in post #14817376 (external link)
Why did you put an asterisk next to mentioning that the photo was watermarked?
What resolution did you upload to flickr?
did the watermark have the correct 'notification of copyright' ?

Chances are, if they had a budget to pay, they would have reached out to you to discuss payment. Don't expect to get more than a 'whoops, sorry'.

No idea about the watermarks...posted with athrough my phone, seems to have added random asterisks...

I doubt they would have reached out, they're probably going to try and say they found the image watermarkless...


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JDPhotoGuy
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Aug 05, 2012 14:25 |  #6

Just for clarification, that's not really a watermark. It's branding. Doesn't make it less wrong and I only pointed that out to mention that this is why I actually watermark my images. Much to the chagrin of folks here I've found. Which kinda shocked me. The fuss made reminded me of the "you have a beautiful body... If only those clothes weren't hiding it..." line. To the point I am suspect of their motivation.

The same logic applies to both situations in my mind. Lack of clothes and watermarks ladies and gentlemen! I implore everyone to consider this: If you don't send customers useable watermarked images for proofs, then why do you post them that way online? Does the anonymity of the internet portray a more trustworthy scenario?

As someone who looks at photography here to simply appreciate the subject, story being told, and/or the lighting, I can tell you that I can still appreciate those aspects even on heavily watermarked images. The only thing I can't easily do is steal them.

Dario, I hope you find some satisfaction to the matter if your fears are realized. Best of luck! BTW..The way you have your flickr set up, they were within the bounds of your licensing unless/until they removed your branding. =/ You state attribution, yet don't clarify (anywhere I can see) the manner in which you are to be credited if they are used. I would have that outlined in the comments of each picture myself.


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DarioC
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Aug 06, 2012 12:29 |  #7

PhotosGuy wrote in post #14817325 (external link)
I don't know about Italy, but there's something in "Copyright law of the United Kingdom" in here that might help.
Image theft. Help please

Thanks, I'll take a look now that I'm back on my laptop. ;)

BLD_007 wrote in post #14817477 (external link)
I know in the United States if you register the photo and if a company edited out the watermark you are entitled to over $100,000. The editing out of the watermark shows they a guilty of fraud.

If this happened in the States the editing out of the watermark would have fines placed on the company + the fines for stealing your photo. If you were in the states, you would have a nice payday coming.


Now, I don't know Europe laws, sorry

Hmm, doubt it's the same here. And anyways, I think it would be hard to prove 'they' cut the picture. They could say they found it like that..still wrong but it saves them from cutting my name out....

JDPhotoGuy wrote in post #14817613 (external link)
Just for clarification, that's not really a watermark. It's branding. Doesn't make it less wrong and I only pointed that out to mention that this is why I actually watermark my images. Much to the chagrin of folks here I've found. Which kinda shocked me. The fuss made reminded me of the "you have a beautiful body... If only those clothes weren't hiding it..." line. To the point I am suspect of their motivation.

The same logic applies to both situations in my mind. Lack of clothes and watermarks ladies and gentlemen! I implore everyone to consider this: If you don't send customers useable watermarked images for proofs, then why do you post them that way online? Does the anonymity of the internet portray a more trustworthy scenario?

As someone who looks at photography here to simply appreciate the subject, story being told, and/or the lighting, I can tell you that I can still appreciate those aspects even on heavily watermarked images. The only thing I can't easily do is steal them.

Dario, I hope you find some satisfaction to the matter if your fears are realized. Best of luck! BTW..The way you have your flickr set up, they were within the bounds of your licensing unless/until they removed your branding. =/ You state attribution, yet don't clarify (anywhere I can see) the manner in which you are to be credited if they are used. I would have that outlined in the comments of each picture myself.

The creative commons stated no modification and with attribution. So whoever used my pics has to attribute me and credit me.

Anywho, it looks like i'll have to watermark the images from now on. Luckily it wasn't one of my top shots ;)

Any other info/advice is appreciated guys :)


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PhotosGuy
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Aug 08, 2012 10:00 |  #8

The creative commons stated no modification and with attribution. So whoever used my pics has to attribute me and credit me.

But even if they do that it doesn't absolve them from liability: Blogger Beware: You CAN Get Sued For Using Photos You Don't Own on Your Blog (external link)

Anywho, it looks like i'll have to watermark the images from now on. Luckily it wasn't one of my top shots

If you add the full EXIF info, it would help someone who wants to contact you find you, & when some people crop off your watermark, they may not know about removing that EXIF info.


FrankC - 20D, RAW, Manual everything...
Classic Carz, Racing, Air Show, Flowers.
Find the light... A few Car Lighting Tips, and MOVE YOUR FEET!
Have you thought about making your own book? // Need an exposure crutch?
New Image Size Limits: Image must not exceed 1600 pixels on any side.

  
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gravy ­ graffix
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Aug 09, 2012 20:26 |  #9

seems like a good percentage of these issues come from that crap site Flikr.. Id pull all my stuff from that god aweful place.


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glumpy
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Aug 09, 2012 22:41 |  #10
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Seems to me if you don't want your pics stolen, don't put them on image hosting sites especially.
Don't some of these sites have highly questionable clauses in their fine print as to what they can do and who they can give permission to use the pics anyway. I'm sure there was some hoohaa about this a while back I saw.

With the bargain basement prices you can get on hosting these days and the free gallery and shopping cart software available, I have no idea why people even bother with these image hosting sites and don't keep control of their images on their own sites.

Legalities are next to useless in these situations. It's one thing for them to break the law, it's another thing to pursue compensation and it's something else again to get your money even if you are awarded damages.
I'm 99% sure there are companies that depend and rely on this knowing they are doing the wrong thing.

I'll also bet they would be unlucky to get caught 10% of the time so at the end of the day, if they steal all their images, get sued and their bill at the end of the years is still less than they would have had to pay to buy the pics, they would consider it good business.

I don't try to sell online and I certainty don't bother putting pictures online for Oohs and Ahh's.
If you do, this is the increasing unfortunate risk you take and the odds of getting a satisfactory outcome are getting less and less.


From RDKirk: First, let me check the forum heading...yes, it does say "Business of Photography" and not "Hobby of Photography." Okay. So we're talking about making money, not about hobbies. By "business" I am presuming activities that pay expenses and produce a profit over the long term.

  
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A car magazine has published my picture...I wasn't informed/credited/retribute​d...
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