Photog posting a photo of my photo for sale..

palmor · 04-30-2009, 07:13 PM

Hi all,
So I was at an agility trail last weekend where my wife and dog competed (see post in photo section). It was the 1st even for my wife and I of course took photos. One of the photos of my dog I printed up at home and stuck to a poster board and hung his ribbons he got on it. It was just a fun thing to do and brought it the next day to the event to put where the group of us was hanging out.

Anyway the photog at the event was walking around taking photos and saw the photo/poster board. She said "Oh, that is nice" and took a photo of my photo. I thought it was a little strange but figured she was just taking candids to put on the host webiste or something. Well she posted her photos on her commercial website and there was the shot of my little photo/poster board setup.

Now, it isn't a very good photo.. it actually looks out of focus a little bit but at the same time I'm a little perturbed that she would post it for sale. I mean I don't think anyone is going to buy it because my wife and I would be the only ones who would care about it but it still seems strange.

I just wanted to vent to you guys

Thanks
John

Wheatfield · 04-30-2009, 07:40 PM

Do more than vent. Issue a DMCA takedown notice to her ISP.

Damn Brit · 04-30-2009, 07:53 PM

Isn't this just a case of your picture happening to be in a place where photography was allowed. I know that doesn't seem fair to you but that's the way it is, it doesn't sound like she's trying to take credit for your picture.
How about posting a link for us. I'd be happy to post a negative (not rude) comment suggesting that she take it down or at least give you and your dog some credit for the achievement.

Have you asked her by the way John?

palmor · 04-30-2009, 08:03 PM

Originally posted by Damn Brit

Isn't this just a case of your picture happening to be in a place where photography was allowed. I know that doesn't seem fair to you but that's the way it is, it doesn't sound like she's trying to take credit for your picture.
How about posting a link for us. I'd be happy to post a negative (not rude) comment suggesting that she take it down or at least give you and your dog some credit for the achievement.

Have you asked her by the way John?

I haven't asked yet.. I was trying to decide if I should or not. It isn't like she is trying to reproduce my photo or anything as it is clearly on the poster board with the ribbons on it (and it is not a very good photo by her IMO). Even if she crops it to just the photo the ribbons are hanging over it. I don't want to make a bigger deal about then it is. I guess I just think it is bad taste

John

Damn Brit · 04-30-2009, 08:12 PM

Originally posted by palmor

I haven't asked yet.. I was trying to decide if I should or not. It isn't like she is trying to reproduce my photo or anything as it is clearly on the poster board with the ribbons on it (and it is not a very good photo by her IMO). Even if she crops it to just the photo the ribbons are hanging over it. I don't want to make a bigger deal about then it is. I guess I just think it is bad taste

John

Why not try and make the best of it and ask her to put your dog's name (and yours if you want) prominently below the picture.
You could even offer to send her a copy as long as you get the credit.
I have to say, it doesn't say much about her if she's posting photographs of other peoples photographs on her site.

Congratulations to Ash and yourself by the way.

palmor · 04-30-2009, 08:22 PM

Originally posted by Damn Brit

Congratulations to Ash and yourself by the way.

Thanks

All of it goes to my wife and Ash though.. I'm just there in support and photo taking

Here is a link to the photos of the event.. I'll leave judgment to the quality of her work to others

http://www.photoreflect.com/pr3/thumbpage.aspx?e=4699603

John

deadwolfbones · 04-30-2009, 08:31 PM

Wait, people get paid for photos like those?

Damn Brit · 04-30-2009, 08:38 PM

Judged and found wanting.

I bet she's making a packet out of people who don't know better though.
Maybe the DA can bring her up on RICO charges.

John, my concern would be that she could be making money out of her poor picture of your picture. I wouldn't worry though, the only person likely to buy a copy would be your wife and I'm sure you won't let her do that.

I correct my previous congratulations. Congratulations to Ash and your talented wife.

palmor · 04-30-2009, 08:45 PM

Originally posted by Damn Brit

Judged and found wanting.

I bet she's making a packet out of people who don't know better though.
Maybe the DA can bring her up on RICO charges.

John, my concern would be that she could be making money out of her poor picture of your picture. I wouldn't worry though, the only person likely to buy a copy would be your wife and I'm sure you won't let her do that.

I correct my previous congratulations. Congratulations to Ash and your talented wife.

Thanks again

While we are talking about it here are all the photos I took for the day. A lot of them are of people/dogs that were in our group and I have a few requests for photos which is nice

CPE Agility Trial April 25-26, 2009 Photo Gallery by palmor at pbase.com

and a video of my wife and Ash

YouTube - 20090423112609

John

Pentaxtic · 04-30-2009, 10:46 PM

I feel your photos are more colorful and better composed if that helps!

kenyee · 05-01-2009, 05:04 AM

Here's the photo in question:
PhotoReflect - Petart by Cindy Telley

And I agree yours were better...this photographer's look more like snapshots (no surprise when you notice there's a typo on her about us page ;-).
That said, your photo w/ the ribbons was in a public place, so I doubt you have any legal recourse... :-P

palmor · 05-01-2009, 05:13 AM

Originally posted by Pentaxtic

I feel your photos are more colorful and better composed if that helps!

Originally posted by kenyee

Here's the photo in question:
PhotoReflect - Petart by Cindy Telley

And I agree yours were better...this photographer's look more like snapshots (no surprise when you notice there's a typo on her about us page ;-).
That said, your photo w/ the ribbons was in a public place, so I doubt you have any legal recourse... :-P

Thanks for the compliments Kenyee and Pentaxtic

I'll give her the benefit of the doubt and assume she'd clean them up before she sold them.. maybe she posts poor thumbnails so people don't try to print the page.

I agree, I doubt she's done anything illegal by posting the photo. I think it was just in bad taste to post and to not even ask when I was standing right next to it. But maybe that is just me

John

Wheatfield · 05-01-2009, 05:31 AM

Originally posted by kenyee

Here's the photo in question:
PhotoReflect - Petart by Cindy Telley

And I agree yours were better...this photographer's look more like snapshots (no surprise when you notice there's a typo on her about us page ;-).
That said, your photo w/ the ribbons was in a public place, so I doubt you have any legal recourse... :-P

Actually, that looks very much like a copyright violation to me, especially since it's for sale.

Damn Brit · 05-01-2009, 06:52 PM

Originally posted by Wheatfield

Actually, that looks very much like a copyright violation to me, especially since it's for sale.

You may have a point there, it could possibly be considered to be reproduction which is covered by copyright laws but on the other hand , it is a picture of a picture, not a reproduction.

Judging by her work though, taking any action would be a bit like beating up a blind person.

I'm not usually that spiteful but she does have a nerve passing that stuff off as professional work. But if people want to buy it, that's down to them.

Mike Cash · 05-01-2009, 08:07 PM

A picture of a picture is a derivative work, and the copyright of the original work still stands.

The woman has copyright to her derivative work, but can make no use of it without permission of the holder of the copyright of the original work. John doesn't lose his copyright merely by having posted his photo in a public place.

04-30-2009, 07:13 PM	#1
palmor Veteran Member Join Date: Dec 2006 Location: North of Boston, MA Posts: 798	Photog posting a photo of my photo for sale.. Hi all, So I was at an agility trail last weekend where my wife and dog competed (see post in photo section). It was the 1st even for my wife and I of course took photos. One of the photos of my dog I printed up at home and stuck to a poster board and hung his ribbons he got on it. It was just a fun thing to do and brought it the next day to the event to put where the group of us was hanging out. Anyway the photog at the event was walking around taking photos and saw the photo/poster board. She said "Oh, that is nice" and took a photo of my photo. I thought it was a little strange but figured she was just taking candids to put on the host webiste or something. Well she posted her photos on her commercial website and there was the shot of my little photo/poster board setup. Now, it isn't a very good photo.. it actually looks out of focus a little bit but at the same time I'm a little perturbed that she would post it for sale. I mean I don't think anyone is going to buy it because my wife and I would be the only ones who would care about it but it still seems strange. I just wanted to vent to you guys Thanks John

04-30-2009, 08:22 PM	#6
palmor Veteran Member Join Date: Dec 2006 Location: North of Boston, MA Posts: 798 Original Poster	Originally posted by Damn Brit Congratulations to Ash and yourself by the way. Thanks All of it goes to my wife and Ash though.. I'm just there in support and photo taking Here is a link to the photos of the event.. I'll leave judgment to the quality of her work to others http://www.photoreflect.com/pr3/thumbpage.aspx?e=4699603 John Last edited by palmor; 04-30-2009 at 08:33 PM.

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
1st posting;photo criticism welcome	psychdoc	Welcomes and Introductions	2	08-18-2010 02:58 PM
automotive photo attempt (new to photog)	k20d tommy	Post Your Photos!	3	09-12-2009 10:38 PM
Few questions reg. photo posting...	Atindra	Post Your Photos!	1	09-17-2008 05:24 AM
New User Testing Photo Posting	Leaf Fan	Post Your Photos!	14	11-29-2007 04:24 PM
Non-Pentax Discussion/Photo Posting?	tknterry	Site Suggestions and Help	2	10-06-2006 10:00 AM

04-30-2009, 07:40 PM	#2
Wheatfield Moderator Join Date: Apr 2008 Location: The wheatfields of Canada Posts: 15,976	Do more than vent. Issue a DMCA takedown notice to her ISP.

04-30-2009, 07:53 PM	#3
Damn Brit Guest	Isn't this just a case of your picture happening to be in a place where photography was allowed. I know that doesn't seem fair to you but that's the way it is, it doesn't sound like she's trying to take credit for your picture. How about posting a link for us. I'd be happy to post a negative (not rude) comment suggesting that she take it down or at least give you and your dog some credit for the achievement. Have you asked her by the way John?

04-30-2009, 08:03 PM	#4
palmor Veteran Member Join Date: Dec 2006 Location: North of Boston, MA Posts: 798 Original Poster	Originally posted by Damn Brit Isn't this just a case of your picture happening to be in a place where photography was allowed. I know that doesn't seem fair to you but that's the way it is, it doesn't sound like she's trying to take credit for your picture. How about posting a link for us. I'd be happy to post a negative (not rude) comment suggesting that she take it down or at least give you and your dog some credit for the achievement. Have you asked her by the way John? I haven't asked yet.. I was trying to decide if I should or not. It isn't like she is trying to reproduce my photo or anything as it is clearly on the poster board with the ribbons on it (and it is not a very good photo by her IMO). Even if she crops it to just the photo the ribbons are hanging over it. I don't want to make a bigger deal about then it is. I guess I just think it is bad taste John

04-30-2009, 08:12 PM	#5
Damn Brit Guest	Originally posted by palmor I haven't asked yet.. I was trying to decide if I should or not. It isn't like she is trying to reproduce my photo or anything as it is clearly on the poster board with the ribbons on it (and it is not a very good photo by her IMO). Even if she crops it to just the photo the ribbons are hanging over it. I don't want to make a bigger deal about then it is. I guess I just think it is bad taste John Why not try and make the best of it and ask her to put your dog's name (and yours if you want) prominently below the picture. You could even offer to send her a copy as long as you get the credit. I have to say, it doesn't say much about her if she's posting photographs of other peoples photographs on her site. Congratulations to Ash and yourself by the way.

04-30-2009, 08:31 PM	#7
deadwolfbones Veteran Member Join Date: Sep 2007 Location: La Crescenta, CA Posts: 7,450	Wait, people get paid for photos like those?

04-30-2009, 08:38 PM	#8
Damn Brit Guest	Judged and found wanting. I bet she's making a packet out of people who don't know better though. Maybe the DA can bring her up on RICO charges. John, my concern would be that she could be making money out of her poor picture of your picture. I wouldn't worry though, the only person likely to buy a copy would be your wife and I'm sure you won't let her do that. I correct my previous congratulations. Congratulations to Ash and your talented wife.

04-30-2009, 08:45 PM	#9
palmor Veteran Member Join Date: Dec 2006 Location: North of Boston, MA Posts: 798 Original Poster	Originally posted by Damn Brit Judged and found wanting. I bet she's making a packet out of people who don't know better though. Maybe the DA can bring her up on RICO charges. John, my concern would be that she could be making money out of her poor picture of your picture. I wouldn't worry though, the only person likely to buy a copy would be your wife and I'm sure you won't let her do that. I correct my previous congratulations. Congratulations to Ash and your talented wife. Thanks again While we are talking about it here are all the photos I took for the day. A lot of them are of people/dogs that were in our group and I have a few requests for photos which is nice CPE Agility Trial April 25-26, 2009 Photo Gallery by palmor at pbase.com and a video of my wife and Ash YouTube - 20090423112609 John

04-30-2009, 10:46 PM	#10
Pentaxtic Veteran Member Join Date: Nov 2007 Location: Vancouver Photos: Gallery Posts: 417	I feel your photos are more colorful and better composed if that helps!

05-01-2009, 05:04 AM	#11
kenyee Veteran Member Join Date: Mar 2007 Location: Boston, PRofMA Photos: Albums Posts: 3,026	Here's the photo in question: PhotoReflect - Petart by Cindy Telley And I agree yours were better...this photographer's look more like snapshots (no surprise when you notice there's a typo on her about us page ;-). That said, your photo w/ the ribbons was in a public place, so I doubt you have any legal recourse... :-P

05-01-2009, 05:13 AM	#12
palmor Veteran Member Join Date: Dec 2006 Location: North of Boston, MA Posts: 798 Original Poster	Originally posted by Pentaxtic I feel your photos are more colorful and better composed if that helps! Originally posted by kenyee Here's the photo in question: PhotoReflect - Petart by Cindy Telley And I agree yours were better...this photographer's look more like snapshots (no surprise when you notice there's a typo on her about us page ;-). That said, your photo w/ the ribbons was in a public place, so I doubt you have any legal recourse... :-P Thanks for the compliments Kenyee and Pentaxtic I'll give her the benefit of the doubt and assume she'd clean them up before she sold them.. maybe she posts poor thumbnails so people don't try to print the page. I agree, I doubt she's done anything illegal by posting the photo. I think it was just in bad taste to post and to not even ask when I was standing right next to it. But maybe that is just me John

Thread Tools	Search this Thread
	Search this Thread: Advanced Search

05-01-2009, 05:31 AM	#13
Wheatfield Moderator Join Date: Apr 2008 Location: The wheatfields of Canada Posts: 15,976	Originally posted by kenyee Here's the photo in question: PhotoReflect - Petart by Cindy Telley And I agree yours were better...this photographer's look more like snapshots (no surprise when you notice there's a typo on her about us page ;-). That said, your photo w/ the ribbons was in a public place, so I doubt you have any legal recourse... :-P Actually, that looks very much like a copyright violation to me, especially since it's for sale.

05-01-2009, 06:52 PM	#14
Damn Brit Guest	Originally posted by Wheatfield Actually, that looks very much like a copyright violation to me, especially since it's for sale. You may have a point there, it could possibly be considered to be reproduction which is covered by copyright laws but on the other hand , it is a picture of a picture, not a reproduction. Judging by her work though, taking any action would be a bit like beating up a blind person. I'm not usually that spiteful but she does have a nerve passing that stuff off as professional work. But if people want to buy it, that's down to them.

05-01-2009, 08:07 PM	#15
Mike Cash Veteran Member Join Date: Jan 2007 Location: Japan Photos: Gallery Posts: 6,950	A picture of a picture is a derivative work, and the copyright of the original work still stands. The woman has copyright to her derivative work, but can make no use of it without permission of the holder of the copyright of the original work. John doesn't lose his copyright merely by having posted his photo in a public place.