Ugly Hedgehog - Photography Forum
Home Active Topics Newest Pictures Search Login Register
Main Photography Discussion
Copyright infringement
Page <<first <prev 4 of 9 next> last>>
Nov 28, 2015 08:21:57   #
colo43 Loc: Eastern Plains of Colorado
 
dcampbell52 wrote:
Copyright and the right to use start at the moment of the click of the shutter. Your camera and date and time record that on the image in the metadata. At that point, your first responsibility is to make sure that the front of any image has copyright clearly marked on the image (in such a way that the image must be altered to display it without the notice). Having said that, not registering the copyright ONLY gives you the right to demand that the image be removed from any use and form that it is being used on without your permission, HOWEVER, money can not be recouped for use prior to notice but can be received from the point the offending party has been notified that they are illegally using the image. This is why you should ALWAYS notify an offender via registered or certified mail with a return receipt. The date on the return receipt marks the date you can start your lawsuit for money. The burden of proof on ownership is on the person claiming ownership and the user can NOT claim lack of knowledge. Cease and desist is your best / easiest solution. However, it is ALWAYS a good idea to send the letters using legal representation. A certified cease and desist letter from an attorney is always going to get more notice than one from some unknown photographer. Also, while it is closing the barn doors after the cows got out, you should go ahead and register your copyright on the photo.
Copyright and the right to use start at the moment... (show quote)


Thanks David.

Reply
Nov 28, 2015 08:23:07   #
colo43 Loc: Eastern Plains of Colorado
 
ronichas wrote:
i would like to suggest, members here blast her with comments, share on fb, etc, that she is using copyright images that are not hers.

maybe, just maybe, she will realize this is a huge issue and will stop doing this. i have just posted a comment. if you want to do this, you do have to join zazzle to post a comment. i will also post this on fb!

anyone else with me????

http://www.zazzle.com/totallypaanimals/comments


Thank you, Roni..

Reply
Nov 28, 2015 08:23:34   #
RJM Loc: Cardiff, S Wales, UK
 
colo43 wrote:
At that time, i was very new to photography and did not apply a logo or a copyright .



The fact you haven't applied such puts you at a real disadvantage.

Reply
 
 
Nov 28, 2015 08:28:25   #
Kennybob712 Loc: West Chester, PA.
 
Thanks for this. So, the best protection is to not post good images on the Internet!(e.g. Facebook)......and therein, lies the dichotomy. I am a serious amateur who enjoys capturing the occasional nice pic. But, it's unlikely that I would go through the "wickets" to pursue photo creds or $$. One of life's injustice's. Oh well, I still have some pretty good shots of my grandchildren and family!
Happy Holidays, everyone!

Reply
Nov 28, 2015 08:46:15   #
CHG_CANON Loc: the Windy City
 
You didn't provide a link to the exact picture and / or product. Is it fair to assume Winburne, Pennsylvania (?) where the artist statement includes (my emphasis): My store is to highlight my love of animals from the smallest of pets to the largest of the wild. All of my images start with my photos of favorite animals and all have a story in my life. I enjoy using a digital software process to enlarge, crop, color and add graphic style to my designs. Please enjoy my variety and feel free to customize my images or delete them and add your own favorites. Have fun when you dream, create and make your own. I, also, have other stores in the Zazzle website featuring my photography.

Whether this is the correct listing or still someone else, you should follow the suggested comments so far:

1. Register the original image for copywrite with the Copywrite Office.
2. Submit a take down notice following the DMCA - this may take some time until the copywrite comes back. You might also find this artist registered the copywrite already ... which is where the original image comes into play.
3. This will probably be after the current holiday season, but Zazzle has a comments section and online companies tend to take these seriously: add a comment indicating you own the copywrite for this photo (I'd include the ID num), you have issued a take down notice to both the site and vendor, and indicate that anyone who purchases copies of this image are supporting the theft of your image and an artist who is a fraud...

The PDF linked at this prior post doesn't say where or how, but might be of interest to others interested in 'copywrite': http://www.uglyhedgehog.com/t-299899-1.html. There's probably more actionable links in the Links and Resources section ...

Reply
Nov 28, 2015 08:54:32   #
colo43 Loc: Eastern Plains of Colorado
 
colo43 wrote:
Thank you, Roni..


i have since posted to the comment section . We shall see if anything is done to rectify this .
Thanks again.

Reply
Nov 28, 2015 08:55:43   #
colo43 Loc: Eastern Plains of Colorado
 
Kennybob712 wrote:
Thanks for this. So, the best protection is to not post good images on the Internet!(e.g. Facebook)......and therein, lies the dichotomy. I am a serious amateur who enjoys capturing the occasional nice pic. But, it's unlikely that I would go through the "wickets" to pursue photo creds or $$. One of life's injustice's. Oh well, I still have some pretty good shots of my grandchildren and family!
Happy Holidays, everyone!


all a learning experience.

Reply
 
 
Nov 28, 2015 09:01:55   #
colo43 Loc: Eastern Plains of Colorado
 
CHG_CANON wrote:
You didn't provide a link to the exact picture and / or product. Is it fair to assume Winburne, Pennsylvania (?) where the artist statement includes (my emphasis): My store is to highlight my love of animals from the smallest of pets to the largest of the wild. All of my images start with my photos of favorite animals and all have a story in my life. I enjoy using a digital software process to enlarge, crop, color and add graphic style to my designs. Please enjoy my variety and feel free to customize my images or delete them and add your own favorites. Have fun when you dream, create and make your own. I, also, have other stores in the Zazzle website featuring my photography.

Whether this is the correct listing or still someone else, you should follow the suggested comments so far:

1. Register the original image for copywrite with the Copywrite Office.
2. Submit a take down notice following the DMCA - this may take some time until the copywrite comes back. You might also find this artist registered the copywrite already ... which is where the original image comes into play.
3. This will probably be after the current holiday season, but Zazzle has a comments section and online companies tend to take these seriously: add a comment indicating you own the copywrite for this photo (I'd include the ID num), you have issued a take down notice to both the site and vendor, and indicate that anyone who purchases copies of this image are supporting the theft of your image and an artist who is a fraud...

The PDF linked at this prior post doesn't say where or how, but might be of interest to others interested in 'copywrite': http://www.uglyhedgehog.com/t-299899-1.html. There's probably more actionable links in the Links and Resources section ...
You didn't provide a link to the exact picture and... (show quote)



Photo in question is " Young whitetail Deer and Cat,Do you have cable"
being sold by totallyanimals (Patricia Wolford ).
i have since left a comment on the site pertaining to Copyright infringement.
whether she sees the comment before them pulling it- is anyone's guess.

Reply
Nov 28, 2015 09:05:19   #
MadMikeOne Loc: So. NJ Shore - a bit west of Atlantic City
 
ronichas wrote:
i would like to suggest, members here blast her with comments, share on fb, etc, that she is using copyright images that are not hers.

maybe, just maybe, she will realize this is a huge issue and will stop doing this. i have just posted a comment. if you want to do this, you do have to join zazzle to post a comment. i will also post this on fb!

anyone else with me????

http://www.zazzle.com/totallypaanimals/comments


Roni, I am seriously considering joining you but I need to calm down before posting a comment. It absolutely infuriates me that this person is not only profiting from Marilyn's work, but is brazenly taking credit for the work as her own as evidenced by the following from the homepage for the items: "All of my images start with my photos of favorite animals and have a story in my life." I certainly believe and trust that the images I am seeing (I'm pretty sure the image is of a whilte tailed deer in the snow on a deck with a black and white cat) ARE Marilyn's. So I guess the "story in my life" part of the vendor's statement is that he/she is using the images without ther permission of the owner and without compensating the owner (Marilyn).

Reply
Nov 28, 2015 09:08:27   #
ronichas Loc: Long Island
 
if she is using one of marilyns images, i would bet sever of them are not hers. i also posted on facebook.

Reply
Nov 28, 2015 09:09:55   #
colo43 Loc: Eastern Plains of Colorado
 
MadMikeOne wrote:
Roni, I am seriously considering joining you but I need to calm down before posting a comment. It absolutely infuriates me that this person is not only profiting from Marilyn's work, but is brazenly taking credit for the work as her own as evidenced by the following from the homepage for the items: "All of my images start with my photos of favorite animals and have a story in my life." I certainly believe and trust that the images I am seeing (I'm pretty sure the image is of a whilte tailed deer in the snow on a deck with a black and white cat) ARE Marilyn's. So I guess the "story in my life" part of the vendor's statement is that he/she is using the images without ther permission of the owner and without compensating the owner (Marilyn).
Roni, I am seriously considering joining you but I... (show quote)



yes, Mike- its the deer and cat at the patio door.
As i stated in a email prior to yours that i had since gone on site and posted a comment in her comment section indicating she was using my photo leading to copyright infringement.

Reply
 
 
Nov 28, 2015 09:10:30   #
MadMikeOne Loc: So. NJ Shore - a bit west of Atlantic City
 
colo43 wrote:
Every year about this time, my Deer- Cat photo gets sent around the web. My son stated that hes seen it again within the last few days. I expect people think it is fitting for the Christmas season.

Hence today i decided to do a search for it- But not to view it, But to see if per chance someone was using it to benefit from sales off of it.

It did not take me long to find it on " Zazzle" with some woman in PA using it sell her cups and mugs and what ever else she would benefit from selling with said photo.

i immediately sent off a email to Zazzle's customer service dept asking for info on the party so i could contact her. And to cease selling her articles with my photo on them or i will be holding them liable as well .

As of 4:24pm, there is still no word from them. If i do not hear anything within a few days- i will be speaking to a lawyer about it.

So the point i am making is: If you have a winner that you snapped and people are tripping over the picture- you had better start checking around for your photo to make certain its not benefiting some one else's wallet.
Every year about this time, my Deer- Cat photo get... (show quote)


Marilyn, is the photo in question the one of a white tailed deer on a deck in the snow with a black and white cat? If I have the correct items/products it looks as though the vendor has at least 4 products being sold with your image.
I am seriously considering joining Roni in posting a comment on the vendor's site. I just need to do 2 things first - calm down and get my facts straight.

BTW - I think your photo is beautiful. How did the THIEF (that is what she is!) obtain it? Just wondering.
(REALLY!!!)MadMikeOne

Reply
Nov 28, 2015 09:22:46   #
colo43 Loc: Eastern Plains of Colorado
 
ronichas wrote:
mike, if she is using one of marilyns images, i would bet sever of them are not hers. i also posted on facebook.


i tend to agree with you on that Roni.

It makes me wonder if any of our members photos are also being used.

Reply
Nov 28, 2015 09:24:25   #
CHG_CANON Loc: the Windy City
 
ronichas wrote:
i would like to suggest, members here blast her with comments, share on fb, etc, that she is using copyright images that are not hers.

maybe, just maybe, she will realize this is a huge issue and will stop doing this. i have just posted a comment. if you want to do this, you do have to join zazzle to post a comment. i will also post this on fb!

anyone else with me????

http://www.zazzle.com/totallypaanimals/comments

Before the mob takes to the streets ... I'd be interested in an official copywrite rather than a she said / she said question of ownership ... and anyone tempted to get involved in another's business might consider this recent development: http://www.cbsnews.com/news/can-a-company-sue-you-for-a-negative-review/

Reply
Nov 28, 2015 09:24:48   #
colo43 Loc: Eastern Plains of Colorado
 
MadMikeOne wrote:
Marilyn, is the photo in question the one of a white tailed deer on a deck in the snow with a black and white cat? If I have the correct items/products it looks as though the vendor has at least 4 products being sold with your image.
I am seriously considering joining Roni in posting a comment on the vendor's site. I just need to do 2 things first - calm down and get my facts straight.

BTW - I think your photo is beautiful. How did the THIEF (that is what she is!) obtain it? Just wondering.
(REALLY!!!)MadMikeOne
Marilyn, is the photo in question the one of a whi... (show quote)


Yes Mike,
my photo is the one with the Deer and cat ( Freedom) at the patio door . The Photo has made the rounds on the web since i had taken it.
That was back in 2008.
i am glad you enjoyed it.

Reply
Page <<first <prev 4 of 9 next> last>>
If you want to reply, then register here. Registration is free and your account is created instantly, so you can post right away.
Main Photography Discussion
UglyHedgehog.com - Forum
Copyright 2011-2024 Ugly Hedgehog, Inc.