rmalarz wrote:
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
SharpShooter is correct. Every time one of these c... (
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Even worse, by posting on any site, the posting fine print may have already taken ones right of ownership away!
Even here on the Hog I believe we’ve given up certain use rights.
It’s really an epidemic with the proliferation of posting and hosting sites.
It’s not like the old days, when if the negative was in the shoe box, it was IN the shoe box!!!
SS
SharpShooter wrote:
Even worse, by posting on any site, the posting fine print may have already taken ones right of ownership away!
Even here on the Hog I believe we’ve given up certain use rights.
It’s really an epidemic with the proliferation of posting and hosting sites.
It’s not like the old days, when if the negative was in the shoe box, it was IN the shoe box!!!
SS
SEE UH TOS BELOW:
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. By making a submission, Visitor
grants the administration and the owners of the Website a worldwide, non-exclusive, irrevocable, royalty-free, sub-licenseable and transferable license to use in any way, reproduce and distribute the submission and prepare derivative works of the submission without further permission. This includes commercial and non-commercial use of all submissions, including portions thereof, graphics contained thereon, or any of the content of the submission. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. "Submissions" is also a provision of the Privacy Policy.
Los-Angeles-Shooter wrote:
SEE UH TOS BELOW:
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. By making a submission, Visitor grants the administration and the owners of the Website a worldwide, non-exclusive, irrevocable, royalty-free, sub-licenseable and transferable license to use in any way, reproduce and distribute the submission and prepare derivative works of the submission without further permission. This includes commercial and non-commercial use of all submissions, including portions thereof, graphics contained thereon, or any of the content of the submission. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. "Submissions" is also a provision of the Privacy Policy.
SEE UH TOS BELOW: br br SUBMISSIONS br br Visito... (
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I understand this but...I did not post my photo to their site. They stole it from flickr, which was the only site it was posted to.
will47 wrote:
I understand this but...I did not post my photo to their site. They stole it from flickr, which was the only site it was posted to.
Will, yes, we know that. The point is that most sites are all the same, be it Flickr, FB or here. Once you post there, they probably have as many rights to your pic as you do. I’m not saying it’s right, I’m just saying that’s probably what their fine print says.
You know who’s using it. Contact them and ask them to pay you. Maybe they’ll do the right thing. Maybe at least give you credit for it.
They might take it down and just steal another from someone else.
No one is saying you’re not right and don’t have a beef!
Send the offender an email to pay, give credit or take it down. Basically a cease and desist.
SS
When you post on Flicker depending on how it is submitted YOU basically give up rights to the photo. Most of the micro stock and others have free use policies.This is why I will no longer do stock photos
BHC
Loc: Strawberry Valley, JF, USA
First, register your copyright, then......
Send them this form. It has lost its formatting in copying it here, but you can either find it online or, you can PM me you email address and I will email you a formatted file.
ORDER TO CEASE AND DESIST FROM COPYRIGHT INFRINGEMENT
DATE
ADDRESSEE
ADDRESS
CITY, ST ZIP
To whom it may concern:
The purpose letter is to notify that your unlawful use of my image, displayed (on your blog or website: URL where your stolen images are posted) infringes my exclusive intellectual property copyrights as protected by 17USC. Accordingly, you are hereby directed to
CEASE AND DESIST FROM ALL COPYRIGHT INFRINGEMENT
It has come to my attention that you have been displaying an image or images derived from an original image to which I hold the lawful copyright. I have documented evidence of your use and unlawful distribution of my intellectual property.
Under 17 U.S.C. §504, the consequences of copyright infringement includes statutory damages up to $150,000 per image. If you continue to engage in copyright infringement after receiving this letter, your actions will be evidence of “willful infringement”.
I demand that you remove and henceforth refrain from use of any image/images derived from the image that was created by me and to which I hold the lawful copyright.
If you or your attorney have any questions, please contact me directly at [your e-mail address].
Your Signature here
Your Name Here
Attachment(s): copy to your their email and their other email (if you can find more than one).
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 depends on what your Flickr settings are for use. For example, I set mine to allow use with credit. You have to check and see what your settings allow.
will47 wrote:
I understand this but...I did not post my photo to their site. They stole it from flickr, which was the only site it was posted to.
Not necessarily "stole" because at this point you don't know what your settings were on that photo in Flickr.
rpavich wrote:
It depends on what your Flickr settings are for use. For example, I set mine to allow use with credit. You have to check and see what your settings allow.
Mine say Copyrite all rights reserved.
Read the fine print .They reserve the "RIGHT " Which is legalized stealing
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 is, they are making money off your photo, so you're certainly entitled to that (not them)! (I'd be on their ass)!!
rpavich wrote:
It depends on what your Flickr settings are for use. For example, I set mine to allow use with credit. You have to check and see what your settings allow.
Mine are set to 'all rights reserved'
BHC wrote:
First, register your copyright, then......
Send them this form. It has lost its formatting in copying it here, but you can either find it online or, you can PM me you email address and I will email you a formatted file.
ORDER TO CEASE AND DESIST FROM COPYRIGHT INFRINGEMENT
DATE
ADDRESSEE
ADDRESS
CITY, ST ZIP
To whom it may concern:
The purpose letter is to notify that your unlawful use of my image, displayed (on your blog or website: URL where your stolen images are posted) infringes my exclusive intellectual property copyrights as protected by 17USC. Accordingly, you are hereby directed to
CEASE AND DESIST FROM ALL COPYRIGHT INFRINGEMENT
It has come to my attention that you have been displaying an image or images derived from an original image to which I hold the lawful copyright. I have documented evidence of your use and unlawful distribution of my intellectual property.
Under 17 U.S.C. §504, the consequences of copyright infringement includes statutory damages up to $150,000 per image. If you continue to engage in copyright infringement after receiving this letter, your actions will be evidence of “willful infringement”.
I demand that you remove and henceforth refrain from use of any image/images derived from the image that was created by me and to which I hold the lawful copyright.
If you or your attorney have any questions, please contact me directly at [your e-mail address].
Your Signature here
Your Name Here
Attachment(s): copy to your their email and their other email (if you can find more than one).
First, register your copyright, then...... br br ... (
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Registering after the fact does not give you recompense.
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.
Well. They (Schemecolor) say that all the pics they are using are posted by their members. So if they have your pic there without permission they are both lying and stealing. You should do something about it.
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.
Have you read the Facebook information on how photos and information that you post can be used? I'd do that first.
If you want to reply, then
register here. Registration is free and your account is created instantly, so you can post right away.