Website uses photo without permission. what to do ?
Website uses photo without permission. what to do ?
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ls3steve

Original Poster:

1,188 posts

200 months

Wednesday 15th February 2012
quotequote all
The initial message was deleted from this topic on 15 February 2012 at 22:09

ls3steve

Original Poster:

1,188 posts

200 months

Wednesday 15th February 2012
quotequote all
Occasionally i check through my online photo collection. Did so again today and found that a website has used 3 of my photos without asking or anything.
Doubt i can do anything except be flattered but thought i'd ask

Photo in question :

http://www.autoblog.nl/archive/2010/09/07/unieke-k...





Cheers

Edited by ls3steve on Wednesday 15th February 22:09


Edited by ls3steve on Wednesday 15th February 22:12

crmcatee

5,805 posts

256 months

Wednesday 15th February 2012
quotequote all
The website says they got them from PH.

Did you post them on here ?


ls3steve

Original Poster:

1,188 posts

200 months

Wednesday 15th February 2012
quotequote all
well i might have missed that bit...













that is all

crmcatee

5,805 posts

256 months

Wednesday 15th February 2012
quotequote all
You want to be asking - did PH give permission and if so, did they seek permission from you to be distributed as they don't own the images or have permission to use them anywhere else with the exception of the forum. If they've given permission to use the images without consulting you - I'd be asking PH for recompense.

ls3steve

Original Poster:

1,188 posts

200 months

Wednesday 15th February 2012
quotequote all
see i dont know if there is a "public forum" legal rule or something like that. Have heard that there is something along those lines that if its from a forum then you cant do jack.

also hit delete instead of edit at the top so now the post looks honky

crmcatee

5,805 posts

256 months

Wednesday 15th February 2012
quotequote all
ls3steve said:
see i dont know if there is a "public forum" legal rule or something like that. Have heard that there is something along those lines that if its from a forum then you cant do jack.
That's what people would like you to believe - it's on the internet so it's free to use. Not so. You choose where to post them, if they're using them elsewhere for their gain - taboo.

I'd be asking the PH fellas if there's an agreement in place for contributors pictures to be used by authorised sources - they should not be using your pictures without payment - and don't just go for the credit.

ls3steve

Original Poster:

1,188 posts

200 months

Wednesday 15th February 2012
quotequote all
thanks for that.. will send some PM's in the morning.



Simpo Two

92,708 posts

294 months

Wednesday 15th February 2012
quotequote all
The middle of that car is a TVR Griffith...

Garlick

40,601 posts

269 months

Wednesday 15th February 2012
quotequote all
We are hardly ever approached for permission, not unless someone wants to replicate an article from the home page. If we are approached about a member image though we either PM them ourselves or ask the person requesting to do so themselves, normally we'd offer an email introduction

Tricky and unclear area for photographers these days, but you are entitled to email anyone who uses your image to seek a credit, removal or (in cases involving commercial operations) payment.

If we can help, mail me smile

maxxy5

771 posts

193 months

Wednesday 15th February 2012
quotequote all
If you ask I'm sure they will take them down, they've had two years out of them. If you are serious about it there are stock 'cease and desist' letters (that may be an americanism?) to send online. There is probably some hardball way of getting compensation seeing they have had the photos up for so long, but I imagine it would be very expensive. Sometimes it's better to take a more positive approach.

tim-b

1,279 posts

239 months

Thursday 16th February 2012
quotequote all
To be honest, I wouldn't even bother chasing them up.....they are just a blog, not profiting directly from the images and they did credit/link back to the original. Whilst they may technically be breaching copyright, I personally see it as fair game since they were taken from a public source and credit was given (although they should really have used your name, not PH).

After all, you put them on the internet so people could see them, right?! wink

crmcatee

5,805 posts

256 months

Thursday 16th February 2012
quotequote all
tim-b said:
To be honest, I wouldn't even bother chasing them up.....they are just a blog, not profiting directly from the images and they did credit/link back to the original. Whilst they may technically be breaching copyright, I personally see it as fair game since they were taken from a public source and credit was given (although they should really have used your name, not PH).

After all, you put them on the internet so people could see them, right?! wink
So that'll be the blog with advertising on it so there's a revenue stream coming in for each punter who looks at the images. He put them on PH so the folks on PH could see them - not they could be lifted and used elsewhere without any payment or credit.

Carfolio

1,124 posts

210 months

Thursday 16th February 2012
quotequote all
I have to step in and defend the guy at autoblog.nl. He's a decent chap, and if you asked for either credit and a link to go with the photos or for them to be taken down, he'd quickly and happily oblige. PM me if you want his details.

Ciao

Zak

ls3steve

Original Poster:

1,188 posts

200 months

Thursday 16th February 2012
quotequote all
Im not going to do anything with this.
Maybe just for future so i know where i stand if a site does "borrow" any images without permission.


So Mr Garlick, no worries i wont be doing anything with this.
Thanks for the advise though guys

tim-b

1,279 posts

239 months

Thursday 16th February 2012
quotequote all
crmcatee said:
So that'll be the blog with advertising on it so there's a revenue stream coming in for each punter who looks at the images. He put them on PH so the folks on PH could see them - not they could be lifted and used elsewhere without any payment or credit.
Sure, hence the emphasis on 'not directly', as opposed to a company or individual using your image to sell something (or worse still selling your images). While I understand your point, in practise it's not a big issue for me....I somehow doubt the blog guy is getting rich off these images. Given the primary function of most blogs (and social media/sharing sites like flickr) is to share images/knowledge with like-minded people, I personally don't have a problem of blogs re-posting images provided viewers can easily find my flickr or website (which this site did, albeit not as explicitly as they could have). If you want every blog to pay for every image, no-one would bother doing them and the internet would be a duller place, filled with company press releases and thinly populated 'original' works, as opposed to the rich, inspiring amateur-run collection of images they can be. (take this for example)

If you are really that precious about who sees your images, don't post them in a publicly accessible place....it's a bit like ladies wearing revealing outfits then complaining that guys look at them! I'm not condoning stealing other people's work, or letching at the fairer sex (just a quick glance is fine though tongue out), just trying to point out that you can't have it both ways; once something is in the public domain you no longer have control over it (for better or worse), so you might as well accept that it could end up somewhere else.

As a side note; I used to see watermarks as a way of protecting one's work, but I have come to the realisation that they are more effective at allowing viewers to find your contact details and redirect their interest to your site (unless you use a huge one, which will ruin your images anyway hehe).