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09-13-2016, 11:09 PM   #1
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Finding your image on a commercial website ..

I am an amateur, so this is not a huge issue , but I wonder how the professionals handle this:

I posted a picture of a bee on here 6 months ago, and on Flickr and it turned up today at number 9 in this list without proper accreditation:

http://www.thepoke.co.uk/2016/09/13/10-observations-insects-arachnids/

What should have happened before they used my image , and what can be done if it was commercially important and I wanted accreditation or removal ?
(This one doesn't matter, but others might)

What is even more amazing, is that with the immense size of the internet, I spotted it the day it was published !

Thanks for your collective experience

Ian.


Last edited by Ian.morgan; 09-13-2016 at 11:21 PM.
09-13-2016, 11:17 PM   #2
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I'd bill them - but using an agency that takes care of such matters. It's not just an opinion. Ive been there. Businesses trying to get away with stuff like this is just nasty.

QuoteOriginally posted by Ian.morgan Quote
What is even more amazing, is that with the immense size of the internet, I spotted it the day it was published !
Pretty spooky.
09-13-2016, 11:17 PM   #3
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If you had given up of your "all rights protected" status on your pictures all you can do is enjoy them! In case there should be reference to the photographer and/or the website where it was taken from then you can ask them to put those info but nothing further. In case you hadn't given away any of your copyrights then you can do a lot...
09-13-2016, 11:37 PM   #4
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On Flickr its listed as 'all rights reserved' .
In here, I'm not sure what the rules are.
I guess the weak point is that I shared it with friends on Facebook, but only friends.

I would be interested to know where they got it though.
If it's Facebook, then that implies they could have used pictures of my family. If it was from here, then it implies the licensing settings on here aren't clear enough.
If from Flickr, then it implies copyright infringement.

What agency did you use to bill the infringer in your case Zafar? I don't suppose it would be worth a huge amount, but I think there is a principle at stake...



---------- Post added 09-13-16 at 11:39 PM ----------

QuoteOriginally posted by Zafar Iqbal Quote
I'd bill them - but using an agency that takes care of such matters. It's not just an opinion. Ive been there. Businesses trying to get away with stuff like this is just nasty.



Pretty spooky.
I'm guessing that Facebook has a picture matching algorithm, and did me a favour by putting it in my feed ! Too big a coincidence to be anything else I think.

09-13-2016, 11:54 PM   #5
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I am guessing they used all of those images plus yours without permission. It happens alot. Good luck if you go after them.
09-13-2016, 11:54 PM   #6
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QuoteOriginally posted by Ian.morgan Quote
On Flickr its listed as 'all rights reserved' .
In here, I'm not sure what the rules are.
I guess the weak point is that I shared it with friends on Facebook, but only friends.

I would be interested to know where they got it though.
If it's Facebook, then that implies they could have used pictures of my family. If it was from here, then it implies the licensing settings on here aren't clear enough.
If from Flickr, then it implies copyright infringement.
Hmm then it's become complicated and interesting! You should investigate it further. My only previous experience is with someone copying pics (copyright protected) from Flickr and posting them in his FB page (hiding or cropping my signature) and I simply reported him - they warned him about my report and had the photos deleted. When I communicated with him (and a friend of mine too that happened to see my pics and inform me about as I don't use FB) he more or less told "what's the big deal, everybody does that!"...

But on a commercial website? It's getting serious and worse.
09-14-2016, 12:12 AM   #7
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Well you are in luck! You are located in the UK and the website is located in the UK. Also, more important - the UK has a small claim copyright court that you can take them to, without any lawyers, for claims of up to 10,000. I am sure that if you were to write them a nice letter informing them that you are in the process of submitting a claim, that they will more than likely make things right to your satisfaction. Actually, as I understand it part of the claim process is trying to come to some mutual agreement.Here is your target....

Last edited by interested_observer; 09-14-2016 at 12:17 AM.
09-14-2016, 04:51 AM   #8
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Thanks Everyone for the interesting input.


Here is the original :
https://www.pentaxforums.com/forums/12-post-your-photos/320187-nature-first-bug-queen-bee.html


Which is actually a link to Flickr, which shows it as (C) All rights reserved.


Interestingly, the colour rendition is specific to the Flickr version, so I'm pretty sure that either Flickr or this forum were the source.

09-14-2016, 04:54 AM   #9
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And make screenprint.
09-14-2016, 05:08 AM   #10
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Well, an E-mail has been sent to ThePoke to advise of Copyright Infringement.


Let's see what happens. I am most interested in how they got it, but also how they deal with my mail.
I see someone tweeted the source, which might be a bit premature. Maybe there's an innocent explanation.....


Ian.
09-14-2016, 05:42 AM   #11
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Take screenshot of the article, preferably from more than one device. Maybe a photo of you, the computer screen, calendar opened in the bottom right computer thingy, and the article displayed.
Send them a bill, and make sure you cite their own ridiculous website description, about how a "top humor website" took your intellectual property. You can do this part even without a lawyer, but you can also consult a lawyer first, might be a good idea, though it means you probably won't really "make" any money due to lawyer fees. Maybe if you have a lawyer friend, acquaintance.
09-14-2016, 06:24 AM   #12
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The fact that they have watermarked your photo (and by doing so implies that they somehow "own" the photo) makes it especially egregious. I'd imagine that their website is 95% photos stolen from the Internet and they already have a process in place to deal with folks that find their photos on their website. My guess is that their process will be to replace your photo with another photo stolen from another photographer that's none the wiser. And then tell you that the problem is resolved. It's an unfortunate reality of modern life.
09-14-2016, 06:51 AM   #13
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cost of satisfaction

I would consult a solicitor (british attorney who does not represent clients in court as I understand) and seek their advice especially if you can do so without cost

second, consider carefully the "cost of satisfaction"

when I was practicing law here in the States I would be asked by potential clients:

can I sue

yes but that is not the question

can I win

getting closer but still not the question

what is the question

Can I collect damages

good luck but be advised that the "cost of satisfaction" could be high in terms of actual $ and of time.

_____________________________

anyone know the copyright protection for images put onto this site?
09-14-2016, 07:35 AM   #14
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While I sympathise with the OP on the dilemma, I fail to see the correlation between the photo posted and the one on the magazine's web site (presumably #9). However, I did have a pleasant experience once with a photo on my flick account, the advertising agency asked me for permission to use my photo for a product label (for a small cost) which I comply and in return I got some samples of the product plus a plague (with some cash) acknowledging the use of my photo.

If for nothing else, it is hard to prove the originality of the photo (for types of photos not involving people which can be recognised). For nature photography, it is hard to tell which is which because nowadays good photos can be found anywhere by anyone (even using cell phone cameras). I put watermarks for all my photos, but even then, photos can be copied (with creative cropping); that would only deter (but not prevent) others to steal your photos. Now, I focus only on event photography (involving people), if someone steal the photo and claim it as his/hers, it is then easily recognised.
09-14-2016, 07:53 AM - 3 Likes   #15
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QuoteOriginally posted by aleonx3 Quote
However, I did have a pleasant experience once with a photo on my flick account, the advertising agency asked me for permission to use my photo for a product label (for a small cost) which I comply and in return I got some samples of the product plus a plague (with some cash) acknowledging the use of my photo.
Hope you recovered!
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