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-   -   My photo on front page of Olympus' website. (https://e-group.uk.net/forum/showthread.php?t=30558)

Bangonthedoortwice 5th December 2013 12:16 PM

My photo on front page of Olympus' website.
 
Hi there, I was really happy to be approached by Olympus for the use of one of my photographs for their new monthly ad campaign. Before I could say yes and agree to the terms my photo was already taken, edited, and being used without credit for their benefit, now day 5 on their front page website.

Can anyone can offer me any advice here? Seems a little wrong to me as I should be benefiting from this and I have given no permission for the to take it, edit and not credit me.

You can see the photo which is on the Olympus impressions page.
http://www.olympus-impressions.com/en/about

bilbo 5th December 2013 01:19 PM

Re: My photo on front page of Olympus' website.
 
Simply disgraceful behaviour.

Iansky 5th December 2013 01:23 PM

Re: My photo on front page of Olympus' website.
 
This is in fact blatant copyright infringement and they are required by law to ask your permission up front to use the image.

There has been a recent case in the USA where a photographers image from a hosting site was used by an agency, credited to one of their personnel not the copyright owner - he won $2 million dollars (last weeks AP magazine).

Unfortunately, many of the larger companies feel they are above the law and able to "lift and use" photographers photos without seeking their permission, this is not the case and you are well within your rights challenging them on this use especially if they did not credit you or state coyright is yours.

I would suggest that by their actions of asking your permission retrospectively, they are in principle admitting guilt.

Definately worth a letter to them for this infringement and I would ask them for a stylus 1 camera that is the prize they are offering for themed images used - they have already used yours so owe you a camera!

I have to add I am surprised, when Olympus wanted to use one of my images in their magazine they did in fact contact me first and I was happy to oblige.

Please post the results of your challenge so we can see if they have integrity.

benvendetta 5th December 2013 01:33 PM

Re: My photo on front page of Olympus' website.
 
Very poor on the part of Olympus. But what with the E-M1 and grip/MMF3 supply problems, perhaps we shouldn't be too surprised.

Where did they lift the image from?

photo_owl 5th December 2013 01:37 PM

Re: My photo on front page of Olympus' website.
 
how did Olympus get your image?

Bangonthedoortwice 5th December 2013 01:38 PM

Re: My photo on front page of Olympus' website.
 
Thank you for the reply.

Its terrible really, before this month they asked if they could use the image. Of course being honoured and to receive publication on the front page is a great achievement etc so as we were talking still discussing the terms which I asked but then i found out they had already taken the image and put on the Olympus impressions website, edited, crop and taken the copyright signature from it.

They got in touch days later and told me they would credit me where ever this photo is used, and still nothing, no credit, nothing. I feel robbed.

Ill find the conversation so who ever is interested can see.

Bangonthedoortwice 5th December 2013 01:48 PM

Re: My photo on front page of Olympus' website.
 
5 Attachment(s)
These are screenshots of the entire convo on OlympusUK fb page. They have just uploaded it on their social media website, still concerned about the front page on their website. Tell me what you think.

This is screen shots in order on convo excluding pics..
Attachment 3370

Attachment 3371

Attachment 3372

Attachment 3373

Attachment 3374

photo_owl 5th December 2013 01:49 PM

Re: My photo on front page of Olympus' website.
 
your description suggests this was before you posted it to this forum on your Birds of Prey post, so they saw it on your website and contacted you?

Bangonthedoortwice 5th December 2013 02:01 PM

Re: My photo on front page of Olympus' website.
 
1 Attachment(s)
No, I posted a different shot from the series on their fb site and said they would love to see more.

Here's the conversation

Attachment 3375

Bangonthedoortwice 5th December 2013 02:15 PM

Re: My photo on front page of Olympus' website.
 
No, I posted a different shot from the series on their fb site and said they would love to see more.

Here's the conversation

Attachment 3375

bilbo 5th December 2013 02:18 PM

Re: My photo on front page of Olympus' website.
 
They've acknowledged you on the facebook page...

photo_owl 5th December 2013 02:25 PM

Re: My photo on front page of Olympus' website.
 
unfortunately I can't read any of the conversations you have posted, even with a magnifiying glass, but the reason for my question revolved around whether you had posted as an Olympus Impressions entry - in which case their T&C clearly cover their actions.

as to acreditation, you were fully acredited in quite a large 'slot', with a direct link to your website (which is quite rare for a non-Olympus visionary!) a few days ago -

"OlympusUK
December 3
This shot from Ashley Duncan embodies this month's #OlympusImpressions theme: 'Naturally Nocturnal'.

What else have you captured that comes out at twilight?

http://www.ashleyduncanphotography.com/"

They don't acredit small image/links on the Olympus Impressions articles that I've seen.

It would appear that some haste, or communication breakdown, has happened and I'm sure Oly will apologise if they've wronged you. Most likely the image ended up with the Oly Impressions team who believed it had been submitted as an entry and was subject to their standard T&C - whilst Oly UK FB team delivered to your terms (if that's what you asked for)

Obviously I've interpreted some bits here, but my point is that everything points to mis-understandings rather than the disgusting criminal behaviour other posters have judged.

I hope things get resolved to your satisfaction

Lovely image *chr

Bangonthedoortwice 5th December 2013 02:26 PM

Re: My photo on front page of Olympus' website.
 
Yes I saw that, from today but they stated they would have a link to my work "anywhere" the image was used, I.e. on their Olympus impressions website also.

Update: ok from the third, but I never submitted to the competition, I just posted some shots last month and they said they would like to use it on their website for this months nocturnal theme. Agreeing that wherever they used the image (my terms) there would be a direct link to my website which there hasn't been from the start. I didn't even know they used it until I was looking up the website myself.

I don't want to fall out with Anyone, my point is agreeing to terms then not actually agreeing and croppin4 and using the image without finishing our terms of agreement.

Thanks for the help so far. Sorry about the small attachments, haven't quite got the hang of inserting large images from this tablet.

MarkG 5th December 2013 02:42 PM

Re: My photo on front page of Olympus' website.
 
MISCELLANEOUS RULES

  • Should you win a prize, you may be requested to participate in any post-competition publicity that we may require.
  • By entering the competition, you will retain full ownership of your submission, however you do consent that Olympus can use your images, unedited, in promotional activity for the Olympus Impressions campaign.
  • You also consent to your image being shared via Olympus social media channels.
  • Olympus and its partners exclude all liability under these terms, in contract or delict (including negligence) for any loss, damage, costs and/or expenses, loss of profits, goodwill, consequential, indirect or special losses, howsoever caused in connection with the competition.
  • This competition is promoted by Yomego on behalf of Olympus. Please contact info@olympus-impressions.com if you have any questions or comments on the competition.
  • We reserve the right to change the terms and conditions at any point in time.
  • By entering the Competition, all entrants agree to be bound by these terms and conditions.
Each month a winning submission will be selected by the Olympus judging panel.
The winner will receive an Olympus camera from a shortlist of available camera sets.

Bangonthedoortwice 5th December 2013 02:55 PM

Re: My photo on front page of Olympus' website.
 
Quote:

Originally Posted by MarkG (Post 267958)
MISCELLANEOUS RULES

  • Should you win a prize, you may be requested to participate in any post-competition publicity that we may require.
  • By entering the competition, you will retain full ownership of your submission, however you do consent that Olympus can use your images, unedited, in promotional activity for the Olympus Impressions campaign.
  • You also consent to your image being shared via Olympus social media channels.
  • Olympus and its partners exclude all liability under these terms, in contract or delict (including negligence) for any loss, damage, costs and/or expenses, loss of profits, goodwill, consequential, indirect or special losses, howsoever caused in connection with the competition.
  • This competition is promoted by Yomego on behalf of Olympus. Please contact info@olympus-impressions.com if you have any questions or comments on the competition.
  • We reserve the right to change the terms and conditions at any point in time.
  • By entering the Competition, all entrants agree to be bound by these terms and conditions.
Each month a winning submission will be selected by the Olympus judging panel.
The winner will receive an Olympus camera from a shortlist of available camera sets.

But i haven't entered the competition?


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