Yet another "stolen" photo

Discussion in '35mm Cameras' started by Eric Miller, Jun 18, 2009.

  1. Eric Miller

    Eric Miller Guest

    The following is a link to one of my photos posted on another website
    without permission.

    <http://dailyviews.runnersworld.com/2009/06/madam-your-shorts-appear-to-be-sudsy.html>

    The following is the link to the photo on my website.

    <http://www.dyesscreek.com/events/index.php?display=ict/2009/run/_mg_8890.JPG>

    I do find it mildly annoying that no one asked my permission before using
    it. I don't make any money off these race photos but still, I never like it
    when they are used like this. I'm not going to be threatening action against
    anyone but does anyone have any suggestions about how to approach the
    offender in this situation?

    Eric Miller
    www.dyesscreek.com
     
    Eric Miller, Jun 18, 2009
    #1
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  2. Eric Miller

    daveFaktor Guest


    Strange comments from someone who posted links to my stolen images.
    Pornographically altered ones too. Have you found religion Helen?
     
    daveFaktor, Jun 18, 2009
    #2
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  3. Eric Miller

    Walter Banks Guest

    I don't condon stolen photo's.

    Not to throw in a cold wet towel. The runners world photo credits you
    as the photographer and there is an implication it was submitted by the
    runner in the photo. On this one I would be careful until all the facts are
    known. It is possible that the runner has a copyright claim.

    Regards

    Walter..
     
    Walter Banks, Jun 18, 2009
    #3
  4. Eric Miller

    Eric Miller Guest

    How could the runner have a copyright claim to my photo?

    Eric Miller
    www.dyesscreek.com
     
    Eric Miller, Jun 18, 2009
    #4
  5. Eric Miller

    Pete D Guest

    Ultimately Eric you have about as much chance at satisfaction here as the
    big music companies seem to have chasing down people that steal music, the
    only answer is to never put them on the internet unless you expect and are
    happy for someone to use it. I only ever post shots that I really don't care
    how they are used and make sure the size is small.

    You can whine and complain all you like but if you do you will never be
    happy.

    Cheers.

    Pete
     
    Pete D, Jun 18, 2009
    #5
  6. Eric Miller

    Pete D Guest

    Perhaps he wants it both ways?
     
    Pete D, Jun 18, 2009
    #6
  7. Eric Miller

    Pete D Guest

    ..dyesscreek.com
    Correct!
     
    Pete D, Jun 18, 2009
    #7
  8. I'm not American but I'm sure that even in the USA the photographer has the
    sole copyright to his artistic works (ie. the photo) whatever the subject.
    Runners World are a grown-up mag and they will know this, normally such
    publications require you to sign a document stating that you are the
    copyright holder before they publish. I guess with on-line publications
    like this the clause may be in one of those boring forms we all ignore and
    just click the "get on and do it button" at the bottom of, in which case the
    runner may be the one who made the mistake.

    Either way I would expect them to apologise and remove the photo if you
    insist. Remember to be pleasant.
     
    Calvin Sambrook, Jun 18, 2009
    #8
  9. Clearly the subject of this photo doesn't mind it being published and indeed
    may be the person who sent it to RW but it's normal etiquette to not
    gratuitously publish embarrassing photos taken at sports events,
    particularly events which involve swimming. Athletes are performing their
    sport not entering a fashion contest and in doing so can end up in some
    fairly unflattering poses, when things go wrong the last thing they want to
    have is someone snapping away and then publishing for all the world to see.
     
    Calvin Sambrook, Jun 18, 2009
    #9
  10. Eric Miller

    tony cooper Guest

    Who do you think ASCAP is, and where do you think the money goes?

    ASCAP is member owned, and the members are composers, lyricists,
    songwriters and music publishers. The money ASCAP collects - less
    ASCAP's operating expenses - goes to the members. ASCAP pays out 88
    cents out of every dollar collected. Money collected by ASCAP
    benefits the people creating the music.
     
    tony cooper, Jun 19, 2009
    #10
  11. Eric Miller

    daveFaktor Guest

    Eric... Be grateful you got the credit. You did say you don't make any
    money from taking these sort of photos. Unless you register the
    copyright you can't do much more than use the DMCA to have the host take
    the photo down... And then you won't have any recognition and probably
    will get black listed by the publisher and maybe the event organiser who
    may have been the one handing over the picture.

    http://www.copyright.gov/help/faq/faq-fairuse.html

    Now here's the facts. If you're interested in them. The lady in the
    photo has a right to decide what happens to her picture when she is the
    only identifiable person in it.

    Unless you got a model release (and a broad contractual agreement from
    the promoter is not enough) from the lady... Not even you ...can sell
    that picture without running the risk of being sued by her.

    Even though this may be an junior and unpaid event, you need a contract
    with the promoter and model releases from every one you photograph
    before you can independently claim copyright on a photo of a single person.

    The Canuks do it differently but in the good old US of A and Europe, you
    can take a photo of anyone you want to (within confines of sexual and
    harassment laws) but don't have any right to take someone's photo in a
    competition or recognised event(including performances) without their
    permission... Unless they are in a public group of people. There's a
    tiny bit more there but that's the crux of it.

    It gets worse when you try to sell the shot or give it away in trade for
    something. Without you having a model release, The lady can own you if
    the image is published without he knowledge.

    Suit up mate. Get some documentation or put up with the flames. The
    image is being used with full credits given and not to denigrate the
    photographer or the subject. It comes under the heading of fair use.
     
    daveFaktor, Jun 19, 2009
    #11
  12. Eric Miller

    Mark Roberts Guest

    First, register your copyright on that image (you have 90 days from
    date of publication).

    Then send the infringer a bill.

    If they don't pay you have to go to a lawyer, but if your price is
    reasonable they'll probably just pay.

    For editorial use like this, a model release isn't required.
     
    Mark Roberts, Jun 19, 2009
    #12
  13. Eric Miller

    Eric Miller Guest

    No, that is apparently the husband of the lady in the photo. He also
    posted a comment on my site.

    Eric Miller
    www.dyesscreek.com
     
    Eric Miller, Jun 19, 2009
    #13
  14. Eric Miller

    tony cooper Guest

    Bill, when you put quote marks around something you are indicating
    that you are replicating what someone said. I said "Money collected
    by ASCAP benefits people creating the music". ASCAP does exactly
    that.
    That is not what I said.

    I can't find any source that says that ASCAP buys copyrighted
    material. As I understand it, the owners of the copyright register
    the song with ASCAP, ASCAP licenses the rights to use that song, and
    then passes the money back to the copyright owners.

    A song copyright lasts for the life of the copyright owner plus 75
    years (for songs copyrighted after January 1, 1978) or 95 years for
    songs copyrighted prior to that date. Even though the songwriter is
    long dead, the copyright benefits flow to the heirs.
    The word is "copyright".
    ASCAP does not sue to collect. ASCAP collects licensing fees. Like
    anyone else, they can bring suit, but the $500 you mention was a
    licensing fee.

    I can't find anything that supports your claim that ASCAP buys
    copyrights
     
    tony cooper, Jun 19, 2009
    #14
  15. Eric Miller

    Robert Coe Guest

    The following is a link to one of my photos posted on another website
    : without permission.
    :
    : <http://dailyviews.runnersworld.com/2009/06/madam-your-shorts-appear-to-be-sudsy.html>
    :
    : The following is the link to the photo on my website.
    :
    : <http://www.dyesscreek.com/events/index.php?display=ict/2009/run/_mg_8890.JPG>
    :
    : I do find it mildly annoying that no one asked my permission before using
    : it. I don't make any money off these race photos but still, I never like it
    : when they are used like this. I'm not going to be threatening action against
    : anyone but does anyone have any suggestions about how to approach the
    : offender in this situation?

    Challenge him to a duel.

    Bob
     
    Robert Coe, Jun 19, 2009
    #15
  16. Eric Miller

    tony cooper Guest

    Whoever it is, if they buy the rights, someone decided to sell the
    rights.

    You may be thinking of Michael Jackson and Sony/ATV. Jackson
    purchased the Beatles song catalog publishing rights for US$ 47.5
    million in 1985. That gives him a piece of the action every time a
    piece of sheet music for a Beatles song is sold or a Beatles song is
    played. However, 50% of the proceeds go to each song's composer.

    Paul McCartney, in turn, bought the rights to the Buddy Holley song
    book and many other songwriter's works.

    A copyright owner can sell or forgo his rights. That can lead to some
    strange deals since they can be re-sold.

    There have been many abuses in this area. Some guy might be capable
    of writing a hit song, but may not exactly be a business genius. Some
    agents, publishers, and hangers-on have scammed songwriters. A person
    who reads music may not be able to read a contract.

    ASCAP is not the bad guy, though. They just collect the licensing
    fees and pass them on. It's not up to them to decide if the
    songwriter screwed-up.
     
    tony cooper, Jun 19, 2009
    #16
  17. Eric Miller

    daveFaktor Guest

    Ho hum... Are we about to get it on again? Cause if we are... I got this
    site called http://www.annika.com ready to roll again any time you feel
    like it. I got some fantastic stuff when I cruised through Chattanooga
    too. You being the dick head of the century even waved to me when I
    tooted you! Oh Belly laughs all round! Remember that? Bret Douglas...
    Bean counter. Ha, ha ha serving coffee! How many beans in cup mate!

    Fair use does not include ridicule and defamation of the copyright owner
    or for that matter, turning family rated works of mine into
    pornography... All of which you are guilty of you fucking swine.

    If anyone was ever going to get away with stealing my photos and
    claiming fair use it was Paul Furman. All he proved was his stupidity in
    listening to Floyde with the frozen balls.

    His hosting company, took a different view to him after having been done
    over by another Aussie for a serious amount of money a few months
    earlier and told him in no uncertain terms that he had no time left. If
    he didn't take them down, they would. Next time it could be you Hogan.

    I'd have thought you'd have learnt by now. Stealing my photos is
    illegal. Your criminal activity in trying to steal my Ebay identity and
    the fraud you committed in stealing my identity and impersonating me on
    Pbase is only going to sink you, Moron.

    That fiasco with AOL when you stole noons' pictures should have been a
    clue. What'd you think? That you could use AOL instead of your precious
    Pbase to host your porn and stolen images and get away with it? What
    about those wrestling images you stole from ABC and put on Pbase? Where
    are they now fanboi?

    And you wonder why I call you a jackass?
     
    daveFaktor, Jun 19, 2009
    #17
  18. Eric Miller

    Jeff R. Guest

    Does it include politely pointing out the obvious errors, and respectfully
    asking for an explanation?

    Like this:
    http://www.mendosus.com/photography/doug.html ?

    Notice:
    * no porn
    * no bad language

    - just pointing to the truth.

    Yet still you fail to do the simplest of all things - i.e. prove you can do
    what you claim...

    ....which you can't.

    Put up or shut up, Douggie.
     
    Jeff R., Jun 19, 2009
    #18
  19. Eric Miller

    Noons Guest

    daveFaktor wrote,on my timestamp of 19/06/2009 4:27 AM:
    Ah, you know Helen: the champion of double standards...
     
    Noons, Jun 19, 2009
    #19
  20. Eric Miller

    Noons Guest

    Annika1980 wrote,on my timestamp of 19/06/2009 12:20 PM:
    You don't understand English well, do you?
    Which part of "limited portions of a work" do you think is the same as "all of
    your photos", stupid moron?
     
    Noons, Jun 19, 2009
    #20
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