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  #46  
Old 9th December 2013
Ulfric M Douglas Ulfric M Douglas is offline
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Re: My photo on front page of Olympus' website.

Welcome Sam, thanks for posting.

If you can clarify this for me I'll understand it ;
Quote:
Originally Posted by s.macleod View Post
One of my colleagues noticed Ashley’s great picture and asked him if we had permission to use it across the website, which at the time we did.
Only because I genuinely don't understand the sentence.
  #47  
Old 9th December 2013
s.macleod s.macleod is offline
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Re: My photo on front page of Olympus' website.

Quote:
Originally Posted by Ulfric M Douglas View Post
Welcome Sam, thanks for posting.

If you can clarify this for me I'll understand it ;

Only because I genuinely don't understand the sentence.
Hi Ulfric,

Sorry, I'll try and explain it better. We asked Ashley via Facebook if we could use his image on the Olympus Impressions site and we were told that it would be ok provided we credited him. On the 3rd of December we clarified what kind of credit he would prefer and once Ashley fed back to us on his preference, the member of my team that responded to the query passed that to our development team.

Unfortunately, the website hasn't been designed to allow a caption underneath the images (we are working to rectify this) and the resource to change it wasn't immediately available.

Based on the fact we couldn't provide the credit we said we would, we then chose to remove the image and use another one, but due to an error with the way the new image was uploaded, this didn't happen immediately.

As some others have pointed out in this thread, we absolutely adore the picture and provided credit when we used the image across the Olympus UK Facebook page, including one directly linking to Ashley's site.

We know that this in no way makes up for a massive oversight on our end, but we do hope that you all realise this was a mistake and we intended no harm.

Sam

Last edited by s.macleod; 9th December 2013 at 08:31 PM. Reason: Cleaning up some bad grammar
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  #48  
Old 9th December 2013
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Bangonthedoortwice Bangonthedoortwice is offline
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Re: My photo on front page of Olympus' website.

Hi guys,

I too would like to welcome Sam to this forum and say thank you for respectfully dealing with this particular forum thread personally and in a friendly manner.

Before I respond fully and publicly on this matter, Sam and myself are going to have a chat about this tomorrow privately and we will keep everyone informed on the outcome.

Thanks for your help.
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  #49  
Old 21st December 2013
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Bangonthedoortwice Bangonthedoortwice is offline
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Re: My photo on front page of Olympus' website.

Hi everyone,

Sorry in the delay about responding to this. I have been in and out of hospital with some complications with my recent surgery but i am on the mend.

Before i continue, i just want to add that this is a business matter, it's not personal and i apologies that it will be quite a long post.

I have loved using Olympus cameras and an after thought was that i wanted to discuss this privately with Olympus/Social media page after i started this thread. Unfortunately it has not been resolved, so as i stated i am now letting you know publicly exactly what happened with supporting evidence.

Since i have been in correspondence with Sam about this matter, (it has been a very polite and apologetic communication which was nice) it still doesn't make amends to actually what happened to me as a photographer. I disagree about the way the events unfolded.

Sam amended his first response on here after we spoke and i disagreed with 'how the events unfolded' as they are false, misleading and incorrect so he agreed that he should edit his original post, which he did.

It was insinuated that i had given permission for it to be used and that THEY could enter me into the competition "when it goes live" this is the first part which is misleading.

Skip to the attachments if you don't wish to read my response below, it's all there to be read in black and white.

Quote:
Originally Posted by s.macleod View Post

One of my colleagues noticed Ashley’s great picture and asked him if we had permission to use it across the website. Once it was posted live we contacted Ashley to ask what kind of credit he would like for the image.
This is factually incorrect. I never gave any permission to use the photo.

I asked for a more clear concise answer;

"do you mean, do i want to enter the competition?" (see attachment 27th Nov)

Then they followed up with on the 27th Nov;

"We wondered if you mind us using the photo as an example on the Impressions website as an example of nocturnal photography? and of course enter the competition when it goes live!"

To which i responded on the 28th Of Nov, "okay, it would be an great honour. Do you want it to be used just on your impressions website or for social media websites and prints? also for how long? will there be a credit/link to my work?"

To me this is saying that they recommend i enter the competition, not.. Olympus will enter it for you.

As you can all see, at this stage i want to know how they will use the image, (if it's not in the competition and Olympus want to use the image on the front page of their website for their benefit, then a photographer should profit from this too as it is not bound by their terms and conditions they set out as Mark has mentioned) this is clearly copyright infringement.

I would value any opinions on this from the forum if you think i am wrong here.

Following this since our correspondence, they said they have entered my image in their competition. This sounds bizarre to me, they have no right to do this? see attachment again, i am clearly not saying enter me into the competition, i have checked the entries and my photo is not there when i looked anyway. I feel that they just took the photo, they were using it without permission until i had to get in touch again and asked what is going on? If i never did this and was back in hospital, the image would still be up and i would be none the wiser.

I never had a response to this matter until December 2nd but by this time they had taken the image, edited it (cropped out my watermark) and was to be used on their front page without my consent and/or credit even though they came back to me saying they would "have a credit anywhere the image would be used", which it was not for a week, until i got back in touch and asked them what is going on?

Please see attachments below, it is in black and white as i cannot find the direct link for anyone to see on the Olympusuk FB page anymore. (!?)


Screenshot_2013-12-04-17-38-15.jpg

Screenshot_2013-12-05-13-40-36.jpg

Screenshot_2013-12-05-13-40-41.jpg

Screenshot_2013-12-05-13-40-55.jpg

Screenshot_2013-12-05-13-41-00.jpg

As a gesture of goodwill, Sam has offered to have my image up on their FB page and have a credit linked to my website, which i have politely declined as i now want to look into this further.

Comments feedback welcome,
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  #50  
Old 21st December 2013
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Re: My photo on front page of Olympus' website.

I"m not at all sure that this should be discussed on the forum. It's surely a private matter between two parties. It sounds as if one party is trying to get public support for something that we the public will never know for sure the truth from both sides.
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  #51  
Old 21st December 2013
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Re: My photo on front page of Olympus' website.

I am clearly just responding to the statement that had been given, with supporting evidence.
This isn't a case of "Who's telling the truth", its there for everyone to read in the attachments. I have also had requests from the forum to respond to the thread which I said I would do.
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  #52  
Old 21st December 2013
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Re: My photo on front page of Olympus' website.

Unfortunately your attachments are too small for me to read but based on this from a previous post of yours:-

"We wondered if you mind us using the photo as an example on the Impressions website as an example of nocturnal photography? and of course enter the competition when it goes live!"

To which i responded on the 28th Of Nov, "okay, it would be an great honour. Do you want it to be used just on your impressions website or for social media websites and prints? also for how long? will there be a credit/link to my work?"


I think it was quite reasonable for the agency to interpret that you did wish to enter the competition and for them to enter it on your behalf as they already had the picture.

There are, of course, other issues concerning level of use, links and credits but it seems to me that these stem mainly from misunderstandings and that the agency are attempting to redress the situation, although clearly not to your satisfaction.

However, as you have indicated that you wish to take the matter further and by implication that could involve legalities, I agree with Stephen that it is unwise to continue discussions on this forum.
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  #53  
Old 21st December 2013
photo_owl photo_owl is offline
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Re: My photo on front page of Olympus' website.

my opinion is based purely on what's been posted by Ashley, and 'everything' is in these sentences

""We wondered if you mind us using the photo as an example on the Impressions website as an example of nocturnal photography? and of course enter the competition when it goes live!"

To which i responded on the 28th Of Nov, "okay, it would be an great honour. Do you want it to be used just on your impressions website or for social media websites and prints? also for how long? will there be a credit/link to my work?"

Was it reasonable for Oly (or their agents in this case) to interpret this as an entry to their competition and that they could use the image on the impressions website? Opinion - yes.

Is it clear from the continuation that the 'okay' was conditional, and of a professional nature? Opinion - no.

After that it's a matter of taking appropriate action to resolve the now obvious mis-understanding. The correct steps were taken, and although there was a delay in implementation there has been an explanation and apology in relation to that.
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  #54  
Old 21st December 2013
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Re: My photo on front page of Olympus' website.

I'm finding it very entertaining, I'm waiting for the handbags to start flying. It's also a good example of how not to deal with such inquiries and the consequences.
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  #55  
Old 21st December 2013
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Bangonthedoortwice Bangonthedoortwice is offline
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Re: My photo on front page of Olympus' website.

Quote:
Originally Posted by photo_owl View Post

Was it reasonable for Oly (or their agents in this case) to interpret this as an entry to their competition and that they could use the image on the impressions website? Opinion - yes.

Is it clear from the continuation that the 'okay' was conditional, and of a professional nature? Opinion - no.

After that it's a matter of taking appropriate action to resolve the now obvious mis-understanding. The correct steps were taken, and although there was a delay in implementation there has been an explanation and apology in relation to that.
Thanks for you input. Before it went live, we were discussing the terms. "Okay" meaning I understand that I could enter this image in the competition but Olympus doesn't go round their fb page entering everyones images to their own competition do they? I doubt they do.

It wasn't agreed, our terms of use hadn't been clarified or met nor did they have the right to crop it and remove the watermark without consent. It wasn't until after the event I found they still hadn't done anything about the image.

Is clear I didn't understand as I asked what they meant by using the image, then further on they basically say I SHOULD enter the image to the competition when it goes live. I never entered it, so no one else has a right to do so nor am I bound by any terms of conditions.

The attachments open up large on my screen, I do not know why they don't on here but I have written it out word for word anyhow. If you want screen shots I could email them also.

Last edited by Bangonthedoortwice; 21st December 2013 at 08:25 PM. Reason: spelling and info
  #56  
Old 21st December 2013
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Re: My photo on front page of Olympus' website.

I think what it boils down to is interpretation of statements and deeds. As this could easily turn "legal" I feel strongly that comments in this forum could be interpreted as trial by media - the media in this case being forum members.
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  #57  
Old 21st December 2013
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Re: My photo on front page of Olympus' website.

Quote:
Originally Posted by StephenL View Post
I think what it boils down to is interpretation of statements and deeds. As this could easily turn "legal" I feel strongly that comments in this forum could be interpreted as trial by media - the media in this case being forum members.
Yes, I think it has now reached the stage that negotiations between the two parties should continue in private in case the dispute escalates to legal action being taken. I think we all get the gist of the issue by now and further discussion won't resolve the matter. Therefore I am closing this thread.
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