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04-16-2011, 07:02 PM   #1
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Someone stole my images! What is this fair use nonsense?

Hello,
Haven't posted for a while. Recently someone posted one of my images on an internet forum without my permission, they still credited me with my name and all but I did not want anyone to see that image so I joined the said forum and posted in the thread asking that it be removed and that I was the copyright holder. The original poster then said that he would not remove it and that it was 'fair use' because he wasn't gaining anything from posting the image and that -I- should be grateful for the free publicity.

I find this outrageous personally. So I contacted a moderator on said forum and told them my concerns and even quoted some copyright law text here is his response:

"Total rubbish, as X already said it's fair use, keep bugging me about it and I will ban you."


What should I do? Why on earth should a guy have a right to copy my image onto his server and then post it to a forum even if he credits me?


Last edited by pjv; 01-04-2018 at 02:27 AM. Reason: Remove swearing
04-16-2011, 07:24 PM   #2
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If you didn't want anyone to see the image, why did you post it on the Internet?

Last edited by GregK8; 04-16-2011 at 07:37 PM.
04-16-2011, 07:26 PM   #3
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QuoteOriginally posted by GregK8 Quote
If you didn't want anyone to see the image, why did you post it on the Internet.
I posted my image and then deleted it the next day. By then the guy had grabbed a copy.

I want to be the one who decides who gets to distribute my images. I don't see why I should suddenly loose control over the distribution of my images. That's not fair.
04-16-2011, 07:26 PM   #4
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Tis' the sad truth.

If you post something on the net, there is little to nothing you can ever do about others taking said photo's and using them somewhere else.

My advice would be to get over it and move on.
PS. count yourself lucky he even credited you! Most people won't even bother.

04-16-2011, 07:30 PM   #5
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QuoteOriginally posted by JohnBee Quote
Tis' the sad truth.

If you post something on the net, there is little to nothing you can ever do about others taking said photo's and using them somewhere else.

My advice would be to get over it and move on.
PS. count yourself lucky he even credited you! Most people won't even bother.
But is he breaking the law?
04-16-2011, 07:36 PM   #6
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I believe the fair use doctrine allows use of a copyrighted work for educational and critical purposes.

http://www.copyright.gov/fls/fl102.html

He may or may not be breaking the law, but to find out you'll have to hire an attorney.
04-16-2011, 07:37 PM   #7
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QuoteOriginally posted by Student Quote
I posted my image and then deleted it the next day. By then the guy had grabbed a copy.

I want to be the one who decides who gets to distribute my images. I don't see why I should suddenly loose control over the distribution of my images. That's not fair.
If it really bothers you, file a DMCA takedown notice with the site.

04-16-2011, 07:38 PM   #8
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QuoteOriginally posted by Student Quote
But is he breaking the law?
It doesn't really matter, because as John said, there isn't really anything (practical) you could do about it anyway. Live and learn I suppose.
04-16-2011, 07:40 PM   #9
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QuoteOriginally posted by alohadave Quote
If it really bothers you, file a DMCA takedown notice with the site.
How would I do that? Contact the internet host of the website? Or what?
04-16-2011, 07:45 PM   #10
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QuoteOriginally posted by Student Quote
How would I do that? Contact the internet host of the website? Or what?
Have you ever heard of Google?
04-16-2011, 07:48 PM   #11
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QuoteOriginally posted by GregK8 Quote
Have you ever heard of Google?


Found something:

How to Send a DMCA Takedown Notice | Black Star Rising

This article is very informative IMO! Well thanks guys!
04-16-2011, 08:15 PM   #12
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Someone just recently posted one of my pictures on tumblr here:

http://legit-.tumblr.com/post/4588431861

I was looking at the picture and was wondering how it got hundreds of views in a matter of hours. I don't really mind it. It got my photo out there. There's no mention of me, but if you click on the picture, it takes you to flickr. I guess what I'm trying to say is that this is a daily occurance.
04-16-2011, 08:38 PM   #13
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I ran into this problem myself. I saw a picture of my road bike I posted on a bike site called Pedal Room. The copy of the picture was on a Kijijji ad as a for-sale item. It happened to look just like the bike they had for sale. I had contacted the seller to take the picture down or at least state that the bike seen in the picture was not the bike for sale. The next day, the ad was pulled.

It just takes a few seconds to take your own pictures but the seller was to lazy to do this. One thing is for sure. As soon as anything (whether it be pictures or text) is posted on the internet, it becomes fair game to be copied by others. Once anything is placed here in cyberspace, you have no control where things go. That is just life today.
04-16-2011, 08:47 PM - 2 Likes   #14
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The posts above pretty much sum it all up, though I can add a few thoughts:
  • Don't post anything to the Internet that you don't want to give away
  • People don't have to "grab" your photo...it is downloaded to their computer as part of the page load and once they have it, they have it. Simply put.
  • Protect yourself by using embedded copyright information in the image EXIF data. Due diligence is incredibly important in copyright matters.
  • Use a visible watermark to be even more diligent
  • Don't post large images to the Web, even on Flickr. The smaller the image, the less likely it is to be re-purposed by content thieves.


Steve
04-16-2011, 10:00 PM   #15
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I've had a bunch of my images re-posted on DijitalFokus with no credit, I dont really mind, and they are actually linking directly from my server so i can put a watermark on them if i want.
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