Tbone Loc: Hays, KS

I just found that someone has used a photo from my flikr account as an illustration in an article. I was not contacted by the person that wrote this article however they did give me credit for the photo.
Is this copyright infringement? Is there anything that I can do about it?
I have never had this happen before, have any of you? What did you do?

Here is the link to the article http://www.business2community.com/online-marketing/the-secret-of-how-to-make-your-email-marketing-campaign-more-effective-0297202
Thanks

Ambrose Loc: North America

Your best bet is to keep it friendly. If you would rather they pay you, send them a note saying something like, "I see you're using my photo for your article. I am flattered. However, I normally require compensation for my work. Please send $xx.xx to my Paypal account or please be kind and remove the photo immediately.

On the other hand, if you're an amateur, this is great exposure. You may want to just leave things be, but thank them for using the photo in hopes they may come back to you - with wallet open - for their next photo need.

BHC Loc: Strawberry Valley, JF, USA

If you want to let it go, you might talk to them about providing a higher resolution image - with a © notice and discreet watermark. In either case, sugar will get you more than vinegar.

donrent Loc: Punta Gorda , Fl

There is a credit on the picture...

Not you ???

MonochromeB Loc: Chandler, AZ

There is a setting on flickr (You>Your Account>Privacy&Permissions>Who can access your original image files) which you can prevent users not on your contact list from right=clicking on your image. However, if a user is computer-savvy, they can document the time they visited that image and go into their browser cache and retreive the image that way, because for you to see it in your browser, the image has to be downloaded in the first place.

Your image does not show any EXIF data which will re-state your All rights Reserved image status.

You are correct in that Flickr recommends is someone wishes to use an image of yours they should contact you to lay out their plans and obtain permission.

I was able to find your Flickr account and the mailbox image by simply copying your name from the article in question, and searching Flickr Accounts by your name. The longest part of the process to find your image was searching through your entire photo stream.

I like a lot of your shots. Had it not been for that person using your image without permission, and UHH of course, I would have never seen your work.

The downside is the article stole your image- the unintended consequence of that action is now your work has the possibility of being seen by many, just like me, who really liked the shot.

roberts41 Loc: Atlanta, GA

Terry, I, too looked up your photostream on Flickr. Nice work, and it didn't take me that long to find it since there are only 67 items in your stream. I think the one thing you need to start doing is put your EXIF data on all your photos. While it may not prevent future photos from being hijacked, it does indicate ownership and the EXIF data, including the copyright data, will travel with the photo.

fotkaman Loc: Earth

Well said, I totally agree! :thumbup:

Zero_Equals_Infinity Loc: Canada

Hmmm .... free publicity vs copyright infringement.

Yes, it was used for a commercial purpose without your permission. But, if you are not professional, it may get you to consider some professional work. Time to build a portfolio and shop it around.

By the way, the shot is an excellent one. Great colour, repetition, leading lines. I will check the rest of your Flickr work, and if it is of similar quality you may want to kick it up a notch.

CanonFire Loc: Phoenixville, PA

I don't know why people are so laid back about this. It's not an honor to have someone steal your photograph. It's not a plus to get free publicity by someone stealing your photograph. Come on, how rude is it for someone to take something from you and use it without your permission, not to mention that it's copyright infringement plain and simple.

If I were the OP, I would send the guy a "take down" notice and if he refused, file a "take down" notice under the Digital Millenium Copyright Act to the person web service provider.

MtnMan Loc: ID

Interesting range of views. As you might surmise by my tag line I'm in the camp that would be flattered.

If I were you I'd do some cleanup on the photo...in particular to get rid of the gas meter or whatever it is on the left.

Frank T Loc: New York, NY

In answer to your fist question, it is definitely copyright infringement. If you have this registered with the copyright office it would be a much better law suit but no matter you can still sue him.
The question really is what do you want to do. Have it taken down, receive credit, receive compensation or whatever.
I myself would speak to a copyright attorney before I did anything else as being an amateur or professional really has no bearing on this case, it's simply a matter of ownership.

Tbone Loc: Hays, KS

Thank you all for your opinions. It is greatly appreciated. Also thank you for your compliments. There may be little EXIF data due to the fact that this shot was from several years ago and shot with a point and shoot before I knew much about EXIF data.

I have sent an email to the owner of the site and decided not to make a huge deal out of this and I would not demand that the image be removed. After all few people have seen this until now. I did inform them that they were not allowed to use any more images without permission and compensation. I think that I will go into Flikr and change the settings as suggested.

imagerybox Loc: Elgin, IL

Just curious, how did you find out that someone used your photo?

Steinmetz Loc: Oregon based

One reason I do not post any of my best photos, simple to easy to confiscate today ( screen snap shots, iphone, etc.. )

Do you copy right your photos with library of congress, may be worth pursuing, otherwise... move on and be glad they like your photo... WATERMARK 'big' next time may help deter "theft" too.

spiderbob

It was mentioned above to add your Exif data to your account, how does one do that, can I assume that it is included or does it have to be added separately?