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Thread started 19 Feb 2014 (Wednesday) 06:50
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Nice photographer ends up being called a-hole

 
Aki78
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Feb 19, 2014 06:50 |  #1

Survival Magazine posts a stolen & stripped copyrighted image on Facebook and calls the photographer a-hole when she simply requested a take down.

A job for Carolyn Wright here ;)

http://petapixel.com …rral&utm_source​=pulsenews (external link)




  
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KirkS518
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Feb 19, 2014 08:37 |  #2

Kathy Shea Mormino is the owner of the popular backyard chicken site The Chicken Chick and the photographer behind a photo that she recently found on Survival Magazine’s Facebook page and blog. Oh, and she’s also an attorney.

:)

Hope she gets them good.


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Feb 19, 2014 09:33 as a reply to  @ KirkS518's post |  #3

Still amazes me that companies are so ignorant of creative rights. Hope to see this resolution as well.


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Aki78
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Feb 19, 2014 13:09 |  #4

KirkS518 wrote in post #16701195 (external link)
:)

Hope she gets them good.

I totally missed that...assuming she isn't specializing in copyright in either case they're in a lot of trouble.

What cowards though, their FB page is still down.




  
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bps
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Feb 19, 2014 19:16 |  #5

She needs to stick it to them...

Bryan


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the ­ flying ­ moose
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Feb 19, 2014 19:50 |  #6

Hahahaha. The stupidity of photo thieves amazes me. Just when I think I've seen it all.




  
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jefzor
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Feb 20, 2014 14:03 |  #7

What kind of egghole sends such a mail?


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M_Six
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Feb 20, 2014 20:30 |  #8

There's something sadly ironic about a survivalist group depending on Facebook or the internet in general to get their message out.


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Shane ­ W
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Feb 21, 2014 09:11 |  #9

How is she going to "stick it to them"? She will get not a single dollar from them, Im sure. At some point she will send a letter as an attorney representing the photog (herself) and they will end up taking it down before anything is filed in court. As an attorney, she knows time is money and any time wasted on this case is loosing her own money knowing that the only outcome will be removal.

If you don't want to see your work on others sites, blogs, Facebook pages and everything else on the internet, don't post them. Any good attorney will tell you that.


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gonzogolf
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Feb 21, 2014 09:20 |  #10

Shane W wrote in post #16706306 (external link)
How is she going to "stick it to them"? She will get not a single dollar from them, Im sure. At some point she will send a letter as an attorney representing the photog (herself) and they will end up taking it down before anything is filed in court. As an attorney, she knows time is money and any time wasted on this case is loosing her own money knowing that the only outcome will be removal.

If you don't want to see your work on others sites, blogs, Facebook pages and everything else on the internet, don't post them. Any good attorney will tell you that.

Given the proof she has that they stripped her watermark they would be liable for statutory damages. She actually has a good case here if she decided to push it with a competent attorney. I would love to be the attorney who gets to use that email against them in court. Not that it would ever get to court.




  
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Aki78
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Feb 21, 2014 09:36 |  #11

Shane W wrote in post #16706306 (external link)
At some point she will send a letter as an attorney representing the photog (herself) and they will end up taking it down before anything is filed in court.

Taking the image down? It really doesn't matter at this point since the work was infringed and I'm sure she has enough evidence in screenshots let alone the email.

They're not going to be able to play dumb at this point. The damage is already done. We're talking about a for-profit site here that used social media to advertise their products.




  
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Feb 21, 2014 10:11 as a reply to  @ gonzogolf's post |  #12

How is she going to "stick it to them"? She will get not a single dollar from them, Im sure.

You’re sure based on what? There are a lot of examples of photographers (professional or amateur) getting paid for something just like this. Just search and you’ll find a bunch. Here's one from the blogger's perspective. (external link) Once the company sees that the photographer isn’t going away, or once they actually talk to their lawyers, they realize settling out of court is the best option. And in this specific case, the photographer is an attorney so I doubt she’ll go quietly.

If you don't want to see your work on others sites, blogs, Facebook pages and everything else on the internet, don't post them. Any good attorney will tell you that.

I’ve only met with my attorney once and I don’t know if he’s any good, but the advice I got was very different. He advised me to register my images in batches with the copyright office so that when my rights are infringed upon I can recoup more money in damages.


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bps
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Feb 21, 2014 10:53 |  #13

Shane W wrote in post #16706306 (external link)
If you don't want to see your work on others sites, blogs, Facebook pages and everything else on the internet, don't post them. Any good attorney will tell you that.

Yes, stealing photographs on the internet is a very real problem, but it still doesn't make it right, especially when others illegally use your work and they make a profit from it.

I also don't subscribe to the "throw in the towel, there's nothing you can do" view you've described above. I hope folks still go after the thieves when appropriate.

Bryan


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JacobPhoto
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Feb 21, 2014 12:56 |  #14

I love the armchair lawyers on this board :)


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Shane ­ W
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Feb 22, 2014 19:21 |  #15

JacobPhoto wrote in post #16706772 (external link)
I love the armchair lawyers on this board :)

Exactly.


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Nice photographer ends up being called a-hole
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