How do you handle with photo theft?

5 years 10 months ago #581177 by Crammer
I was reading a discussion on Facebook today from someone who noticed one of their photos was taken from their Facebook page and used for some local businesses advertisement.  Apparently they confronted the business and the business gave them a hard time, however finally removed the photo.  The business apparently claimed there was nothing special about the photo and could have been taken with a smart phone.  Oh and the business photoshop'd the photographers logo from the image too.  

This photographer was just venting about this company and of the sounds of it, wasn't going to pursue it any further.

IMO, they backed down when they shouldn't have.  

Do you agree?


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5 years 10 months ago #581190 by J Photo Man
I would advise them to contact a copyright attorney.


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5 years 10 months ago #581201 by effron
Agree with what, backing down? If the thieves took the shot down, what more would you want? A golden rule: If you post images, prepare to have them lifted, so post small pics and make it tough on the pilferers.....

Why so serious?
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5 years 10 months ago #581248 by garyrhook
Agree with Effron that if you post online, you risk the use of your image without your permission. Somehow, people think that's okay because "everything on the internet is free".

I can't roll my eyes far enough into my head.

The claim that there was nothing special is spurious, and irrelevant. If they could have take the photo themselves, then they should have. But none of that matter. The business infringed, so the photographer can point out that they used it, therefore they owe license fees. Nothing else pertains to the situation. Oh, and make a copy of the webpage first. Any browser can do that.

Yes, you can contact an attorney, but one big deal going on right now in the US legislature is enabling a small claims court for copyright holders. Every creator should be "encouraging" their representatives to support the bill. HR3945, I believe: CASE Act of 2017.


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5 years 10 months ago #581260 by ThatNikonGuy
Perhaps they think getting any $$ for their photo will exceed the effort required to get it.   


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5 years 10 months ago #581282 by Screamin Scott
Send a cease & desist letter or demand payment for the theft. If the images aren't registered with the copyright office, getting compensation can be a bit tricky. As Ernest says, only post small images if you want to deter theft. I've had others use some of my images, but took them down when I contacted them.

Scott Ditzel Photography

www.flickr.com/photos/screaminscott/

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5 years 10 months ago #581287 by fmw
If you don't want someone to use one of your photos, don't post it on the internet.


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5 years 10 months ago #581335 by garyrhook

Screamin Scott wrote: If the images aren't registered with the copyright office, getting compensation can be a bit tricky.


No, what you can't do is sue for punitive damages if the images weren't registered. That doesn't mean you don't still have rights, and can sue for loss. None of which affects the "trickiness" factor.


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5 years 10 months ago #581352 by garyhowie
I agree with the above.  If you really want to protect an image, register it with the copyright office.


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5 years 10 months ago #581501 by Sawyer
 The photo has been taking down, there’s not much more that can be done at this point. First thing the judge will care about is if the photo was removed, very similar to  cease and desist order. 

Canon 5D Mark II | Canon 70-200mm f/2.8L IS USM | Canon 35L | Sigma 85 1.4 | Helios 44M-6 58mm(M42) | Zeiss 50mm 1.4 (C/Y) | Canon 135L | (2) 430EX II
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5 years 10 months ago #581522 by garyrhook

Sawyer wrote:  The photo has been taking down, there’s not much more that can be done at this point. First thing the judge will care about is if the photo was removed, very similar to  cease and desist order. 


That's not at all a given. A violation of IP rights is a violation, period, and there are legal factors involved. Removing the photo from the site doesn't negate their misuse.


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