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Thread started 30 Oct 2012 (Tuesday) 21:40
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The SyFy Channel is Stealing From Me!

 
ions
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Oct 30, 2012 21:40 |  #1

IMAGE: http://farm9.staticflickr.com/8469/8140358689_354e59f1ab.jpg
IMAGE LINK: http://www.flickr.com …istopherbrian/8​140358689/  (external link)
The "SyFy Channel" is Stealing From Me! (external link) by Christopher Brian's Photography (external link), on Flickr

IMAGE: http://farm9.staticflickr.com/8192/8140394034_ea0ece2c55.jpg
IMAGE LINK: http://www.flickr.com …istopherbrian/8​140394034/  (external link)
SyFy is Stealing From Me!! (external link) by Christopher Brian's Photography (external link), on Flickr

EXIF data stripped and I was NEVER contacted. Boo SyFy! I thought you were cool in that way (stupid phonetic spellings aside).

I'm disappointed because I've been asked by more than a few people if they can use one, or more, of my zombie images and I've had no problem with it. All were just peeps trying to get some traffic. For a broadcaster's blog to do this? :evil: I have not been linked or credited in any way.

Edit: just wanted to add that since I posted this image two years ago I've seen it stolen by a pile of people too. This is the first time it's been stolen on such a scale.

IMAGE: http://farm5.staticflickr.com/4042/5160687484_d5fda64104.jpg
IMAGE LINK: http://www.flickr.com …istopherbrian/5​160687484/  (external link)
Sexy Zombie Donna Troy Black Lantern from the Toronto Zombie Walk 2010 (external link) by Christopher Brian's Photography (external link), on Flickr

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BLD_007
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Oct 30, 2012 21:42 |  #2

I foresee a big payday for you. Hit them hard, hit them fast.


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Nature ­ Nut
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Oct 30, 2012 21:52 |  #3

Since you have given it out for other to use, there is the possibility that it was taken from one of their sites. What you do it up to you obviously but since you have been giving them away I would just ask to be credited/linked and then go from there depending on the response.


Adam - Upstate NY:

  
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ions
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Oct 30, 2012 21:57 |  #4

Those that have asked have been granted SINGLE USE with NO DISTRIBUTION.


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Oct 30, 2012 23:31 |  #5

My photo, and wife's "Likeness" used - What to do


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I'm ­ Sasquatch
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Oct 31, 2012 21:25 as a reply to  @ PhotosGuy's post |  #6

How did you discover your image being used by them? I'm just curious and have nothing of substance to offer in getting this resolved.


Have a wheelie nice day!

  
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TooManyShots
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Oct 31, 2012 21:36 |  #7
bannedPermanent ban

Read this. http://www.naturescape​s.net …p-i-found-an-infringement (external link)

Send the ISP a DMCA take down notice. It is a moot point whether or not you will get compensated from the infringement. If the photos were never copyright registered through the USA Copyright office, your chance of a lawyer taking your case is pretty much slim. Your chance to score big is also pretty much slim.

Not all copyright infringement is worth the time, money, and energy to pursue. Well, if you post anything on Flickr, be prepared to get ripped off. Considering you have no watermarks on those photos, it just screams for "rip me off please."


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TooManyShots
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Oct 31, 2012 21:44 |  #8
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Oops, I just realize you are in Canada....well. Not sure how to proceed in accordance to the Canadian copyright laws....


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Slave7081
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Nov 01, 2012 07:23 |  #9

Canadian copyright laws say that the moment you take the photo it is copyrighted and there is no need to register it.

Automatic protection for Canadian and foreign works
When you create a work or other subject matter protected by copyright, you will automatically have copyright protection provided that, at the time of creation, you were:

•a Canadian citizen or a person ordinarily resident in Canada;
•a citizen or subject of, or a person ordinarily residing in, a Berne Convention country, a Universal Copyright Convention country, a Rome Convention country (for sound recordings, performer's performances and communication signals only), or a country that is a member of the World Trade Organization (WTO); or
•a citizen or subject of, or a person ordinarily resident in any country to which the Minister has extended protection by notice in the Canada Gazette.
In some cases, you would also obtain automatic copyright if your work was first published in one of the countries included among the above-mentioned conventions or a country that is member of the WTO, even if you were not a citizen or subject of Canada, or of one of those countries.

http://www.ic.gc.ca …ng/wr02395.html​#automatic (external link)


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20DNewbie
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Nov 01, 2012 08:03 |  #10

ions wrote in post #15188951 (external link)
Those that have asked have been granted SINGLE USE with NO DISTRIBUTION.

Sadly there's the rub, who's to say it wasn't one of the pile that boosted it in the first place hadn't submitted it? While you have every right to be pissed going about saying SyFy intentionally stole your image(great image btw) may be jumping the gun a bit. Who knows, maybe they even paid a microstock site for it.

Not much else to do but shoot off some emails to get it pulled.

Best of luck getting it sorted promptly.


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ions
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Nov 01, 2012 22:48 |  #11

Not the rub. Anytime I've granted use for an image in this context I've waited to see exactly how the image would be used. I also included very restricted use limits in granting that single use.


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Luckless
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Nov 02, 2012 07:30 |  #12

Yeah, hardly a rub. If I steal a car, sell it to you under a false name and all that, then report you to the police and disappear, guess who gets screwed?

"I didn't know!" isn't much of an excuse in the eyes of the court a lot of the time. You might not be hit as hard by the courts if you can demonstrate you had a reasonable expectation of it being legal, and can often talk your way out of things with rather light punishment involved, but you're still infringing on someone's copyright.


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Nov 02, 2012 07:47 |  #13

Slave7081 wrote in post #15193942 (external link)
Canadian copyright laws say that the moment you take the photo it is copyrighted and there is no need to register it.

As it is in the US, registering though, gives you a lot more teeth as far as the law is concerned when it comes to infringement. The penalty goes WAY up compared v's a non-registered image.


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Luckless
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Nov 02, 2012 07:52 |  #14

Is there any legal advantage beyond reinforced evidence of ownership in Canada? I haven't been able to find anything to suggest that you can "get more" from infringement for a registered copyright over a non-registered one in Canada.


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Nov 02, 2012 22:02 |  #15

Luckless wrote in post #15198077 (external link)
Is there any legal advantage beyond reinforced evidence of ownership in Canada? I haven't been able to find anything to suggest that you can "get more" from infringement for a registered copyright over a non-registered one in Canada.

See the link in: https://photography-on-the.net …/showthread.php​?t=1123777


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