Beware Photo Stealers!

10 years 2 months ago - 10 years 2 months ago #342455 by jordanmcrae
Hi everyone,
I really do  apologize  for the rant you're about to read, but I just wanted to voice my opinion on websites and news sources using photos without proper permission or credit.

I just received an email back from "Occupy.com" regarding an illegal use of my photos on their website and they responded with this: "...particularly on a news story like this where a rare, great image exists and it is timely for next day publication - we may not go to the trouble of requesting authorization to use. We also very rarely use photo credits except for images that are original to us."

It's great to see that independent news outlets respect photographers' time and hard work. Lol. Photographers: Make sure you get the "Google this image" plugin for your web browser and constantly seek out those using your photos without your permission. This plugin has saved me so much grief and has helped me keep on top of those using my photos without permission. Am I crazy for emailing these sources and either requesting that they take the photo down or provide proper credit? After all, seeing my work on a website accompanying a great article with absolutely no mention of my name and theoretically claiming the photo as their own gives me a queazy feeling. I fear that that one great shot I'm proud of will spread like wildfire and end up who-knows-where. I know that posting photos online provides a risk for such acts, but in this day and age, sometimes online publicity through personal portfolios is a great way of achieving business and potentially making those connections that we need to survive in such a trying industry. I understand that watermarks can prevent this to a point, but what are your thoughts on this being a necessity for security?

I suppose I should give them the benefit of the doubt for offering to give me credit or to remove the photo entirely, however I can't help but wonder how many other photographers may be suffering due to either ignorance or lack of understanding in websites such as this. 

What are your thoughts? Am I blowing this completely out of proportion?


(End of rant, and I'm sorry if this sounded angry! :P)
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10 years 2 months ago #342457 by ShutterPal
What?  "we may not go to the trouble of requesting authorization to use. We also very rarely use photo credits except for images that are original to us."


ummm ok... I will go through the trouble of contacting my attorney to make sure you pay up for your un-authorized use of my photos!  

What bone heads.  Contact your attorney.  Their response isn't even trying to be cool.  


Photo Comments
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10 years 2 months ago #342517 by StephanieW
You are absolutely not blowing things out of proportion. When I use images for my blog I either use my own, use a friends pictures, ask for permission if I don't know them, or only select things that are selected as free to use under Creative Commons. I don't always have the best selection of images available going this route, but it's the morally correct route.

I've now installed the plug in that you mentioned. I'm not quite sure how to use it properly, but I'll play around with it a bit. Seems useful.


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10 years 2 months ago #342529 by jordanmcrae
Thank you both for the support. I'm still trying to process exactly what kind of tone he was trying to get across. 

Nonetheless, you basically go to your online portfolio (i.e., one of your Flickr photos -- make sure it you right-click "view all sizes" first so that you get the option for the next step), and then right click on your photo and click on "Google this Image." Basically what it does is it searches the Google database for duplicates of your photo, or photos that are similar in colour. In the list of links, you should see links to the places you've posted them, and you'll most likely see links to blogs in which people have used your photo. From these links, you can then look into why exactly your photo is on the page. Perhaps it is merely a feed which links directly to your photo, or perhaps it is plagiarized. From there you can decide what you would like to do.

It's a fantastic tool that I recommend for every photographer online. I can't tell you how many times I've sent an email to a news source that responds with a message along the lines of "I didn't know that was illegal" or "we are not sure why you were not contacted." 
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10 years 2 months ago #342541 by StephanieW
That's incredible. Thank you so much for bringing that to our attention. I've heard of reverse image searches but that usually requires that they don't change the file name. It's not exactly reliable. This sounds super handy.


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10 years 2 months ago #342641 by garyrhook
No, you're not whacked.

It's possible that this qualifies for editorial use, which is one of the conditions of "fair use."  You might not have any recourse, if it truly is a news story. Agree that, at the very least, attribution is appropriate.

occupy.com is registered by, and hosted by, enom.com. You can submit a takedown request with them (possibly a DMCA takedown notice?). This only works in the US, unfortunately.

A lawyer would be best suited to address this issue.


Photo Comments
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10 years 2 months ago #342747 by Gammill

garyrhook wrote: No, you're not whacked.

It's possible that this qualifies for editorial use, which is one of the conditions of "fair use."  You might not have any recourse, if it truly is a news story. Agree that, at the very least, attribution is appropriate.

occupy.com is registered by, and hosted by, enom.com. You can submit a takedown request with them (possibly a DMCA takedown notice?). This only works in the US, unfortunately.

A lawyer would be best suited to address this issue.


+1  100% agree, request the take down. It's your photo and it's your right IMO.  


Photo Comments
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10 years 2 months ago #342757 by jordanmcrae
Hmm. I will look into it. As I am Canadian, I believe the process is different. If anyone from Canada has any experience with this, I would appreciate any help!
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10 years 2 months ago #342797 by Tim Chiang
@#$#%  that is messed up.  There, that's my opinion.  What creeps


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10 years 2 months ago #342801 by Joves

garyrhook wrote: No, you're not whacked.

It's possible that this qualifies for editorial use, which is one of the conditions of "fair use."  You might not have any recourse, if it truly is a news story. Agree that, at the very least, attribution is appropriate.

occupy.com is registered by, and hosted by, enom.com. You can submit a takedown request with them (possibly a DMCA takedown notice?). This only works in the US, unfortunately.

A lawyer would be best suited to address this issue.

:agree:
Partially I agree, but this is not under Fair Use. Even national news sources have to get the photographers permission to use a shot. Of they do not then it is a violation of your Copyright. I agree on consulting a lawyer on this one. Also I would suggest you start an account with the US Copyright office, and register that, and any other photos you post on the web that you wish to protect. They owe you more than just credit for your work, especially when they steal it. Funny how a group that speaks of the injustice of the 1% stealing everything from the little guy is the one stealing fron the same little person. Oh the hypocrisy of it all. :rofl:


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10 years 2 months ago #342857 by Dana Leeson
I would call your attorney and have them send a letter with a bill to these people. 


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10 years 2 months ago #342901 by Ian Stone
Really?  That is their attitude?  I would hire the greasiest dirt bag attorney to go after them!


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10 years 2 months ago #343129 by Pettigrew
So would it be fair if you grab articles from their page and with out credit to them use on your site?  It's news worthy so why not?  If that's how the rules work, if it's news worthy, companies have the right to steal your photos and not give you credit or even ask for permission.  If that is the case, an eye for an eye, a tooth for a tooth. 

Canon EOS 7D SLR | XT W/18-55 Kit Lens | Canon 50mm 1.8 | Tamron 17-50mm 2.8 | Canon 28-105mm | Canon 75-300mm | Canon 100mm 2.8 Macro | Canon 100-400
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10 years 2 months ago #343135 by garyrhook

Joves wrote: but this is not under Fair Use.


Yeah, I got that wrong, but I'm going to leave the original comment. "Editorial" would mean a discussion of the photograph itself, not using it to illustrate an article.

I believe the wire photographers are paid by the wire services? In which case, the agreement between the wire service and news publisher covers the use of whatever comes across the wire? Including bylines and names is SOP.

So, yeah, these guys are out of line. That's as polite as I can be.

Presuming that they are re-hosting the image (i.e. they have a copy of it on their server, and are not just using a link) I'd start with the ISP, but I'd also find out from a lawyer what your options are.


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10 years 2 months ago #343143 by Josh Jofoto
No need in being polite, dish it :evil:

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