Copyright Issue?
Mar 20, 2018 14:42:58 #
A while back while out driving around I noticed an unusual house with an unusual color scheme, took a photo, a posted it on Flickr. Today when viewing flickr I was notified that my photo was being used by a company called Schemecolor (schemecolor.com). No one asked me to use this photo. I don't consider this to be a big deal, but....I was just wondering if something like this would be a copyrite issue? Thanks.
Mar 20, 2018 14:46:41 #
will47 wrote:
A while back while out driving around I noticed an unusual house with an unusual color scheme, took a photo, a posted it on Flickr. Today when viewing flickr I was notified that my photo was being used by a company called Schemecolor (schemecolor.com). No one asked me to use this photo. I don't consider this to be a big deal, but....I was just wondering if something like this would be a copyrite issue? Thanks.
It sure sounds like it.
Mar 20, 2018 14:52:11 #
Mac wrote:
It sure sounds like it.
Or they could be using a photo taken by someone else. In a public venue, there is this possibility....
Mar 20, 2018 14:54:26 #
Will, yes, I do consider it an issue. It may actually involve two issues. The first is that you took the image and therefore own it. Anyone using that image, obviously to make money needs to pay your a licensing fee. That is unless you wish to sell the image outright, which I don't recommend. Licensing will net you more money, over time.
Secondly, the may be an issue part. If the house is that unique, the owners may have a manner in which they have registered it and thus you may owe them money if you make any money from your photograph. Generally, if you can see something from a public right of way, you are free to photograph it. Note the use of generally. There are buildings that are registered or trade marked. Those may carry certain restrictions.
Your best bet is to contact the folks who are using your photograph and request a cease and desist action. If they don't, then contact an attorney and explain the situation. Make sure it's one that specializes in copyright law. They will generally consult with you for 30 minutes free of charge and determine if further action can be taken. If so, a contingency basis is a good way to go. However, make sure that it is a flat contingency basis and doesn't include any additional service charges above the percentage they want.
Just make sure it is beyond a doubt your photograph.
--Bob
Secondly, the may be an issue part. If the house is that unique, the owners may have a manner in which they have registered it and thus you may owe them money if you make any money from your photograph. Generally, if you can see something from a public right of way, you are free to photograph it. Note the use of generally. There are buildings that are registered or trade marked. Those may carry certain restrictions.
Your best bet is to contact the folks who are using your photograph and request a cease and desist action. If they don't, then contact an attorney and explain the situation. Make sure it's one that specializes in copyright law. They will generally consult with you for 30 minutes free of charge and determine if further action can be taken. If so, a contingency basis is a good way to go. However, make sure that it is a flat contingency basis and doesn't include any additional service charges above the percentage they want.
Just make sure it is beyond a doubt your photograph.
--Bob
will47 wrote:
A while back while out driving around I noticed an unusual house with an unusual color scheme, took a photo, a posted it on Flickr. Today when viewing flickr I was notified that my photo was being used by a company called Schemecolor (schemecolor.com). No one asked me to use this photo. I don't consider this to be a big deal, but....I was just wondering if something like this would be a copyrite issue? Thanks.
Mar 20, 2018 14:59:46 #
All of the above are true.
BUT enforcing your rights could be VERY expensive.
If you don't enforce your right you might lose your rights.
Unless you're President, enforcing your rights might be difficult and as were seeing possibly impossible, even by throwing millions of dollars at a problem. Good luck!
SS
BUT enforcing your rights could be VERY expensive.
If you don't enforce your right you might lose your rights.
Unless you're President, enforcing your rights might be difficult and as were seeing possibly impossible, even by throwing millions of dollars at a problem. Good luck!
SS
Mar 20, 2018 15:04:01 #
LoneRangeFinder wrote:
Or they could be using a photo taken by someone else. In a public venue, there is this possibility....
No it's mine. I checked it against the raw file and the finished jpeg.
Mar 20, 2018 15:07:37 #
SharpShooter is correct. Every time one of these companies does this sort of thing, it weakens photographer's rights to their photographs. If the situation is not handled as it happens, more and more of these companies will be using more and more of our work free. It will get to the point that the problem is too big to try to solve. It's best when it's still manageable.
If the case is strong enough, contingency is a good way to go. The more money the lawyer gets you, the more he gets himself.
--Bob
If the case is strong enough, contingency is a good way to go. The more money the lawyer gets you, the more he gets himself.
--Bob
SharpShooter wrote:
All of the above are true.
BUT enforcing your rights could be VERY expensive.
If you don't enforce your right you might lose your rights.
Unless you're President, enforcing your rights might be difficult and as were seeing possibly impossible, even by throwing millions of dollars at a problem. Good luck!
SS
BUT enforcing your rights could be VERY expensive.
If you don't enforce your right you might lose your rights.
Unless you're President, enforcing your rights might be difficult and as were seeing possibly impossible, even by throwing millions of dollars at a problem. Good luck!
SS
Mar 20, 2018 15:12:18 #
will47 wrote:
No it's mine. I checked it against the raw file and the finished jpeg.
Just checking. I live in a historic district. Virtually every Sunday, someone walks by and snaps a photo
Mar 20, 2018 15:33:09 #
You probably should review your Flickr copyright settings as well as the download options. Your Account Settings control the following:
Who can download a file
How large a file can be shared, based on the original size of images uploaded
Allowing others to share your stuff
Allowing your stuff to be added to other's galleries
Hide your stuff from public searches
Your default license (listed below). Use help to understand the purpose of each value
Who can download a file
How large a file can be shared, based on the original size of images uploaded
Allowing others to share your stuff
Allowing your stuff to be added to other's galleries
Hide your stuff from public searches
Your default license (listed below). Use help to understand the purpose of each value
Mar 20, 2018 15:34:39 #
LoneRangeFinder wrote:
Or they could be using a photo taken by someone else. In a public venue, there is this possibility....
That is true. There was an article recently, I think it was in PetaPixel, that showed a picture of lighthouse taken by two different people at different times that were practically identical, even the breaking wave.
Mar 20, 2018 15:37:32 #
Los-Angeles-Shooter
Loc: Los Angeles
1. where is the thief located?
- what is the thief's business model?
2. most of the advice above is clueless.
3. a copyright specialist lawyer will probably do a free consult.
- what is the thief's business model?
2. most of the advice above is clueless.
3. a copyright specialist lawyer will probably do a free consult.
Mar 20, 2018 15:39:26 #
You might consider too:
adding a watermark
Minimizing the size and quality of the upload file
Including EXIF data
adding a watermark
Minimizing the size and quality of the upload file
Including EXIF data
Mar 20, 2018 15:56:44 #
will47 wrote:
A while back while out driving around I noticed an unusual house with an unusual color scheme, took a photo, a posted it on Flickr. Today when viewing flickr I was notified that my photo was being used by a company called Schemecolor (schemecolor.com). No one asked me to use this photo. I don't consider this to be a big deal, but....I was just wondering if something like this would be a copyrite issue? Thanks.
Yes, it is a copyright issue. However, since I doubt that you registered your photo with the Copyright Office (assuming you are in the US), you will have little recourse. If registered, you could sue for damages and costs. If not, you can only sue for damages. Usually, it costs way more than damages to sue, so it's a losing proposition. A bill is pending in Congress for small claims copyright infringement, but until (if) it gets passed, you are pretty much stuck.
On the other hand, I do recommend you contact them. Politely inform them that the photo is yours, and ask them to discuss remuneration. Getting a hundred bucks or so for your picture will feel good. Don't get your hopes up, however. Most internet companies are shameless in their thievery. They might take it down, they might not. But you have nothing to lose in asking.
Mar 20, 2018 16:05:45 #
Mar 20, 2018 16:11:10 #
Los-Angeles-Shooter
Loc: Los Angeles
Good article here:
http://www.bestofthetetons.com/2015/02/13/the-seven-deadly-myths-of-internet-copyright/
http://www.bestofthetetons.com/2015/02/13/the-seven-deadly-myths-of-internet-copyright/
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