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The lounge Relax, take a break from photo and camera talk - have a chat about something else for a change. Just keep it clean and polite!

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  #16  
Old 27th September 2013
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Re: Image used without permission

I used to know a photographer who got a very nice settlement from a IK newspaper after they stole an image from his web site. He had a lawyer who specialised in copyright and used to make a nice second income from copyright violations.
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  #17  
Old 27th September 2013
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Re: Image used without permission

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I used to know a photographer who got a very nice settlement from a IK newspaper after they stole an image from his web site. He had a lawyer who specialised in copyright and used to make a nice second income from copyright violations.
Was this in the UK?

We had a full resolution sample image on DPNow.com stolen and used for marketing purposes by a software company. They even admitted they had taken it. Under protest they offered a small sum as compensation (about 5% of the use value we calculated using the Alamy stock photo website). We rejected this but our problem was that we couldn't find a lawyer confident enough to tackle the complaint.

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  #18  
Old 27th September 2013
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Re: Image used without permission

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I used to know a photographer who got a very nice settlement from a IK newspaper after they stole an image from his web site. He had a lawyer who specialised in copyright and used to make a nice second income from copyright violations.
Thats the Lawyer you want in a case of Copyright. Publishers make "accounting provisions" for this as "exceptional items arising".

was it UK David ?

I have a friend in the Cotswolds who made 700 direct for one image, when his invoice was paid - but it was a massive Multi National, where a member of staff lifted the image and used it - in a marketing mock up, and no one thought about permission. local Solicitors did not want to do more than "write Debt Collection letters ... " their expertise being in Conveyancing and Debt Collection not Copyright
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  #19  
Old 27th September 2013
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Re: Image used without permission

He's a Scot based in Berlin last time I heard from him but we lost touch about 8.years ago. Some of his wins were so good part of the settlement was signing an NDA.
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  #20  
Old 27th September 2013
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Re: Image used without permission

Where has this thread come from and going to ? Does it have NOTHING IN COMMON with large Copyright Claims ?


OR ...

This is a discussion about "someone used my photograph without permission ... what can I do ? ... ... THIS may happen to any of us and we may feel "miffed" and want £money for it ... or just "chuffed and honored our photo has been published"

A photo has been used without permission. Lifted from Flickr. THEFT

Is there a Copyright potential claim ? is this the question to be answered ? NO ITS NOT A DAVID BAILEY IMAGE of PUBLIC INTEREST

However, I did state "David Bailey et al did not claim Copyright Infringement BECAUSE of Public Interest under REPORTAGE/FAIR RIGHTS


With me ?


George Dorn aka Colin posted " However, there are some 1400 notes on the posting, with a good proportion showing that the photo has been reblogged, since 25 August!"

What is 1400 notes - let alone thousands of views IF NOT PUBLIC INTEREST ? Some think this means "lots of dosh"

It is in An esoteric audience blog for a minority on Animals !



Melaka aka David says " Charge a lot of money and go to the small claims court if you're not paid. " Invoice But this is not a Debt - they did not contract to buy the goods You need a copy of the Contract, notes of verbal contract to buy to support the debt collection claim.



ANYONE made a Copyright Claim themselves ? and been successful ?

ANYONE WANT TO ? then look at the "other side" and what are your chances of £'s pots of £dosh

http://www.copyrightservice.co.uk/co...t/p09_fair_use
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  #21  
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Re: Image used without permission

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Originally Posted by Ian View Post
Was this in the UK?

We had a full resolution sample image on DPNow.com stolen and used for marketing purposes by a software company. They even admitted they had taken it. Under protest they offered a small sum as compensation (about 5% of the use value we calculated using the Alamy stock photo website). We rejected this but our problem was that we couldn't find a lawyer confident enough to tackle the complaint.

Ian


Ian, Thank You THIS is EXACTLY My Point ! as you said earlier " ... a photograph that is the result of the skill and work of the photographer and which is an original work is certainly subject to copyright. ..."


BUT it is difficult to PROVE and CALCULATE and WIN and unless you have a filthy rich and high profile entity you won from, you are most unlikely to get the £dosh

Hence, Copyright is really for the Rich Lawyers and Rich Clients There are so many "cop outs" for "Image thieves".

The only sure way to protect our BEST Images is not put them in the public domain - I don't only my nearly BEST.

ALSO if you send an image to a publisher, and offer it for "sale" and they use it ... they most often claim "FAIR USE" and you sent it anyway, offering it ... so you put it in the public domain

Caveat Emptor


BTW Copyright Lawyers earn a FORTUNE ! so fees per hour and research of cases will be very high too and they only do it for the money ! very few "Pro Bono" Copyright Lawyers David M's friend of friend is great
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Last edited by Chevvyf1; 27th September 2013 at 12:11 PM. Reason: BTW ...
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  #22  
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Re: Image used without permission

Apologies, for anyone feeling I have been "confrontational" here.

BUT, I feel that what each and everyone of us can benefit of, is a complete post on this very common problem. So that we can "see the whole picture" in case it happens to us.
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  #23  
Old 27th September 2013
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Re: Image used without permission

I just did this after reading this thread: I went to Google image Search, and pasted the URL of one on my Flikr pictures. I discovered some blogger had used one of my pictures, including a link back to DPReview where I had entered it in one of their challenges. I suggest everyone gives it a try right away. Who knows what you will find.
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  #24  
Old 27th September 2013
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Re: Image used without permission

Boy am I lucky my shots are so poor that if anyone did infringe copyright it would serve them right. Having said that when local papers use shots they always give credit. Their own photographers probably insist!!
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  #25  
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Re: Image used without permission

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Originally Posted by Ian View Post
You've lost me. I'm bailing out of this thread because I don't want to cause an argument.

Ian
Ian, it is not about what the image is, photograph; painting; book; sculpture it is an Art form made by one person and thus protected by Copyright Law.

It matters not, if it is a butterfly or two, taken by timmy or David Bailey

It matters not, if it is a photo of Diana, taken by timmy or David Bailey.

It is the USE and LAW.

SO Reportage/Fair Use is FREE of Copyright NO FEES due depending on USES detailed in the Copyright Acts of Law and EXEMPTIONS !

Value comes into Assessment of damages. Thus David Bailey earns more from photographs than timmy. This gets "Proved by evidence of damage" to ... potential income ... or income lost ... and if one earns ones income by that means ... calculate Damages to be paid.

Sometimes "Damages" are PUNITIVE - so in a case of an employer being asked by a women pregnant, if she can only work two or three days a week and they say NO. that may be punitive to make them and others sit up AND TAKE NOTICE .. because they should have "entered into consultation" one case was 150,000 back in the 80's

or maybe damages would be (I forget the word/term compensatory... I am ironing my brain is not here) but for example half costs and 1.00

Not being a Copyright lawyer, but looking at ... " ... and if one earns ones income by that means ... calculate Damages to be paid. ..." THIS is most probably the Water Test the solicitors you approached would not take your DP review case on ... it would have been "incidental income" but that is another thread ... and I am not going there.

I am not a lawyer, but I did build legal systems ... hence learned much of law but not all ... I was supported by masses of Lawyers and cases but that is all a long long time ago ... and some may have changed ... although much has been the same since time began ...

Maybe the muddy waters are now clear ... if not ask a lawyer friend to explain face to face
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  #26  
Old 27th September 2013
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Re: Image used without permission

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Originally Posted by ian p View Post
I just did this after reading this thread: I went to Google image Search, and pasted the URL of one on my Flikr pictures. I discovered some blogger had used one of my pictures, including a link back to DPReview where I had entered it in one of their challenges. I suggest everyone gives it a try right away. Who knows what you will find.

Well, are you feeling honoured ? and chuffed ? or aggrieved and wanting funds for use or the image removed ?


I would be honoured ... although it would not be a BiF image of mine they are rubbish
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  #27  
Old 27th September 2013
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Re: Image used without permission

Yeah. I'm not going to complain. Just a bit surprised and amused.
But I had entered it into a DPReview.com challenge. So maybe the situation is different somehow.
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Old 27th September 2013
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Re: Image used without permission

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Originally Posted by Wee man View Post
Boy am I lucky my shots are so poor that if anyone did infringe copyright it would serve them right. Having said that when local papers use shots they always give credit. Their own photographers probably insist!!
Psd myself reading that Ed
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Old 27th September 2013
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Re: Image used without permission

try this: http://www.tineye.com/
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  #30  
Old 27th September 2013
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Re: Image used without permission

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I think Google's service has a much larger database now.

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