Yet another "stolen" photo

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

  1. Eric Miller

    daveFaktor Guest


    If you weren't such a loser I might be concerned that you have no regard
    for ownership. You'd be just the sort of swine to borrow your neighbours
    garden tools and never return them. Where did you get the idea you are
    above the law?

    As it is you'd just love me to start a chain of events you could
    manipulate and cost me money chasing your thefts all over the world,
    wouldn't you thief? Dream on fool if is is going to happen it will be
    under my terms, not yours.

    I've several times demonstrated the process of making a stepped out or
    linear panorama. Some of them are on sale in Galleries around
    Queensland and some of them on Pacific Islands I've visited.

    A quick and dirty example is here:
    http://www.d-mac.info/examples/4theidiots.htm You being one of the
    idiots, Jeff.

    Oddly enough the piss poor attempts made by those who stalk me haven't
    ever added up to be as good as this one which is a 5 minute job to piss
    you off.

    It amuses me greatly that you spent more time stealing my work and
    defacing it with your childish graffiti than I spent making this entire
    example.

    If you think I'm going to put one of my commercial photos on the
    Internet just so you and your idiotic mates can tear it apart and paste
    cartoons all over it... Think again loser. You dance to my tune, not the
    other way 'round. LOL.
     
    daveFaktor, Jun 19, 2009
    #21
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  2. Eric Miller

    Bowser Guest

    According to the article, Jenny, the runner, sent the photo. The site
    probably assumed that since the subject in the photo sent it, it was OK
    to use it. They did not steal it, it was given to them.
     
    Bowser, Jun 19, 2009
    #22
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  3. Eric Miller

    Eric Miller Guest

    You didn't notice the quotation marks I guess.

    Eric Miller
    www.dyesscreek.com
     
    Eric Miller, Jun 19, 2009
    #23
  4. Eric Miller

    Jeff R. Guest

    I didn't. I'm not. I've broken no law.
    Is that a threat, a promise or a misguided fantasy on your part, Douggie?
    (ummmm... let me think now)
    Lies.
    Name one gallery -anywhere- that has these ficticious artworks.
    An address, please.
    I'm visiting Qld next month. I'd love a slight detour to a gallery.

    Go on, what harm could I possibly do, just looking at your work?
    What are you afraid of?
    Ah yes! The truncated garden path. LOL right back at you.

    That has also been shown to be an incompetent attempt - many times, by many
    people other than me.

    You can't show us the so-called "stepped-out" pano you bragged about in
    http://www.mendosus.com/photography/doug.html , can you?

    Why not?

    Oh yes! I remember!

    Because you can't do it. Never could. Never will.

    Sorry.
    Didn't work.

    It enhances my argument (on every level).

    Mehh. I spent a short time 16 months ago preparing that page,and I just
    have to trot it out each time you make another unsuppportable claim. Best
    investment in time I ever made.

    Yes Doug - 16 months ago, and you *still* can't produce that imaginary pano.
    (Not that you ever will - since you obviously cannot.)
    LOL yourself.
    You flatter yourself if you imagine I have any interest in one of your
    "commercial" photos - other than to (giggle) prove me wrong.

    You are a fraud, a braggart and a liar, Doug.
    If you were not, you'd jump at the chance of proving me wrong.

    Go on - post a small size, watermarked version of the legendary pano. Just
    big enough to prove the concept. Plaster your name (which ever one you're
    using today) all over it.

    Oh wait!
    You can't can you!

    ....'cause it doesn't exist, except in your sad, deranged mind.

    OK Doug.
    Keep abusing me - call me names - swear at me - threaten legal action.

    That's all you can do, after all.
    You certainly can't prove yourself correct, nor me wrong.
     
    Jeff R., Jun 19, 2009
    #24
  5. Eric Miller

    K W Hart Guest

    I don't think the runner has a "copyright" claim, rather possibly a privacy
    issue. I'm assuming the runner was competing in a public race and running in
    a public place, but the runner has been "embarrassed" by the soapsuds, and
    could maybe claim some sort of defamation.

    I didn't see a copyright notice on your page. Also, has the copyright been
    registered? As I understand the law, there are photos copyrights that
    occurred the instant the photo is fixed in a permanent form; and the are
    registered copyrights where you send a copy of the photo to Washington with
    the forms and fees. If you have a registered copyright, you can sue for
    actual damages and punitive damages. If it isn't registered, you can only
    sue for actual damages. (Please note I am not an attorney)

    I agree with Mr Banks that you should tread softly at first.
     
    K W Hart, Jun 19, 2009
    #25
  6. Eric Miller

    Eric Miller Guest

    I guess I'm just not going to get too excited about this. The RW website
    admin sent me a nice e-mail apologizing and indicating that it was a mistake
    to post the image without my permission. Since the lady in the photo is
    apparently sending it around for her own notoriety, I can't fault them too
    much - although they should know better. I gave them permission to keep it
    posted on that page since they did give me credit.

    At least one other site put up the image today:

    http://www.nyctri.com/site3.aspx

    Again, no permission, but the lady in the photo sent it to them too - after
    downloading it from my site. Several other sites have hotlinked to the photo
    on my site. I tried to stop the hotlinking with an .htaccess entry, but was
    unsuccessful. If anyone knows how to do that, please let me know.

    Eric Miller
    www.dyesscreek.com
     
    Eric Miller, Jun 19, 2009
    #26
  7. Eric Miller

    Eric Miller Guest

    It was in a public place, on a state road. I was asked to photograph the
    triathlon by it's organizers. The runner was not "embarrassed" by her sudsy
    shorts. To the contrary, she has been publicizing the photo and sending it
    to everyone whom she thinks may publish it.
    I think you are generally correct. It really isn't worth my time to or money
    to register the photo or sue anyone over using it. I was only "mildly
    annoyed" and even that is tempered somewhat by the fact that the subject of
    the photo sent the image to the website. They probably relied on her having
    permission to do so, even though they should know better.
    See the update below.

    Eric Miller
    www.dyesscreek.com
     
    Eric Miller, Jun 19, 2009
    #27
  8. Eric Miller

    Eric Miller Guest

    If you acknowledge that the subject of this photo was not embarrassed, why
    the rest of the preachy stuff?

    Everyone in this triahlon knew that they were being photographed multiple
    times. In fact, I was asked photograph this race by the event organizers and
    they know that I publish the images "for all the world to see." BTW, this is
    what awaited the triathletes at the end of their swim:

    http://www.dyesscreek.com/events/index.php?display=ict/2009/misc/_mg_8197.JPG

    All the athletes clearly understoond that they would be photographed.
    Incidentally, those guys in the picture still haven't figured out that they
    should step back a ways from shore to get a decent background for the
    swimmers coming out of the water.

    "Embarrassment" is a very subjective standard. I have taken candids of
    subjects at dressy events who were embarrassed of the photos simply because
    they didn't like the angle (it made her nose look too big!) or because they
    are self-conscious of their looks. I don't photograph people who ask me not
    to. I remove photographs of people who don't want thier image on my site,
    even though I don't have to remove them. But the group of people who
    participate in triathlons and other runs (and people from Louisiana
    generally) don't embarrass easily.

    The same organizers asked me to photograph their "Beer Mile" race in which
    all the "athletes" drank a 12 oz beer before the race and after each quarter
    mile lap. They asked me to get phots of anyone who vomited and make sure and
    put them on the website! That is the more typical level of comfort with
    photography at these events - - and the swimmers at a triathlon are not
    wearing the sorts of things typical to swim meets.

    Eric Miller
    www.dyesscreek.com
     
    Eric Miller, Jun 19, 2009
    #28
  9. Don't stop them, beat them at their own game. Simply replace the photo with
    another of your choosing so that their hotlink doesn't give them quite what
    they expected, I'll leave you to decide how much fun you want to have!
     
    Calvin Sambrook, Jun 19, 2009
    #29
  10. I didn't intend to get toooo preachy but I do think it's a point worth
    considering when one publishes a photo. Although the entrants knew the
    event was being photographed they really weren't in a position to stop you
    were they? They were there because they wanted to run in a tri so it's not
    really credible to then conclude that they wanted a photo of them published
    that might cause embarrassment. And as you've discovered, once you've put
    it on the web it's out there and you can never get it back.

    My approach is to not publish anything which is obviously embarrassing
    without first asking the subject but then I usually either know them
    personally or I can contact them through the race organiser. Usually I'll
    send them a courtesy photo set of themselves anyway and ask nicely. Mind
    you I'm often taking photos at children's competitions where people can be a
    little more sensitive anyway and at diving competitions where people are
    even less dressed than at a tri.

    I didn't mean to upset you, honest.
     
    Calvin Sambrook, Jun 19, 2009
    #30
  11. Eric Miller

    K W Hart Guest

    If the copyright is registered (by sending a copy of the shot along with the
    proper forms and fees to Washington), Mr Miller can sue for both actual and
    punitive damages. If it isn't registered, he can only sue for actual
    damages. Punitive damages could be three to ten times actual damages. For
    just actual damages, no lawyer would touch it- not enough money to pay the
    legal fees.

    Send them a bill for $100 specifying that it's for one-time publication
    rights. They may counter-offer, or they will pull the picture.
     
    K W Hart, Jun 19, 2009
    #31
  12. Eric Miller

    Eric Miller Guest

    I tried to do that as well, again with .htaccess, but it didn't work.

    I may play with it some tonight when I get a chance.

    Eric Miller
    www.dyesscreek.com
     
    Eric Miller, Jun 19, 2009
    #32
  13. Eric Miller

    Eric Miller Guest

    Nor was I upset.

    Eric Miller
    www.dyesscreek.com
     
    Eric Miller, Jun 19, 2009
    #33
  14. Eric Miller

    Joe Makowiec Guest

    Your hosting provider may have .htaccess disabled. The simple way is to
    rename your picture, then substitute something ("I am a bandwidth thief"
    in huge bright pink letters works for me...) under the file's original
    name.
     
    Joe Makowiec, Jun 20, 2009
    #34
  15. Eric Miller

    tony cooper Guest

    That works if the person is linking to the image where Eric has it up
    online, but does absolutely nothing if the woman has downloaded and
    saved the image. If she's downloaded and saved it, or uploaded it to
    her host, she can continue to send it anywhere she wants.
     
    tony cooper, Jun 20, 2009
    #35
  16. Eric Miller

    tony cooper Guest

    I don't know what Eric wants done. He can ask her to stop or he can
    send her a duplicate of the image with his watermark discreetly placed
    on the image and ask if she would send out that instead. I don't get
    the impression that Eric wants paid; just that he wants the proper
    recognition.
     
    tony cooper, Jun 20, 2009
    #36
  17. Eric Miller

    tony cooper Guest

    If it's the case I'm thinking of, there was no claim made that the
    photographer did anything wrong in taking the photograph. The suit
    was against the newspaper for publishing the photograph.
     
    tony cooper, Jun 20, 2009
    #37
  18. Eric Miller

    Robert Coe Guest

    : daveFaktor wrote,on my timestamp of 19/06/2009 4:27 AM:
    :
    : >>
    : >> IMHO, you don't have to get nasty and in their face, but don't be too
    : >> soft either. I would be outraged if someone used one of my pics
    : >> without my permission. Send a letter, and keep a copy for yourself,
    : >> and tell them what you just told us. You're annoyed with the fact
    : >> that they used your pic without permission. Have a copyright symbol
    : >> beside your name is everything. I always look to see who took a great
    : >> pic, and the photographer should receive the accolades not the
    : >> magazine.
    : >> I would definitely not let this go, I'd pursue it Eric. It's your
    : >> work and people need to know this. You deserve the exposure.
    : >
    : >
    : > Strange comments from someone who posted links to my stolen images.
    : > Pornographically altered ones too. Have you found religion Helen?
    :
    : Ah, you know Helen: the champion of double standards...

    I guess I've mislaid my roster of the players in this game. Are we talking
    about Helen, Bret's alleged sock puppet, or some other Helen?

    And is Dave Faktor a real person or an alias? His whining sounds a little bit
    lke D-Mac's.

    I'm sorry to still be so clueless when I've been in these newsgroups so long.
    But the names keep changing, and it's devilish hard to keep up.

    Bob
     
    Robert Coe, Jun 20, 2009
    #38
  19. Eric Miller

    Eric Miller Guest

    My hosting provider has .htaccess enabled. I know this because I am my
    own hosting provider. I discovered the problem and do not know how to
    resolve it without disabling all links to the page which I do not want
    to do. The hotlinking site is hotlinking to the .php file and not the
    image itself. If I redirect all links to .php in that directory, no one
    will be able to link to the image. I'll just live with the hotlinking
    for now because the traffic has started to wane.

    Replacing the image creates its own problems because I still want the
    original image to be available and renaming it would undermine that to a
    certain extent. I'll just live with it for now.

    Eric Miller
    www.dyesscreek.com
     
    Eric Miller, Jun 20, 2009
    #39
  20. Eric Miller

    daveFaktor Guest

    Eric...
    A link to a .php file is not hot linking. The only difference between a
    ..php file and a .html file is the script it contains and a single word
    at the start of the header.

    Hot links are links directly to images that display on a web site as if
    they were that site owner's images.

    I think you'll find what you think is a hot link is actually increased
    site traffic due to the exposure of your site's name on Runners world's
    Blog.

    Your image: (_mg_8890.JPG) is not being linked to. It has been
    downloaded to a blog site and renamed to: *-800wi.jpg. The photo on
    runner world is hot-linked to; http://rodale.typepad.com, Runner's
    world's "real" web site.

    The blog is a separate identity. I suspect they've set it up this way to
    avoid getting involved in waste-of-time copyright issues when they use
    images taken by ametures they have no intention of paying for.

    Seriously Eric...
    You are using free software to publish your site
    Free software for your statistics counter
    and you are pissed off someone took your photo for free and gave you
    free publicity that most commercial site owners would crawl over broken
    glass to get. What *IS* your problem?
     
    daveFaktor, Jun 20, 2009
    #40
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