#1 (permalink)  
Old 10-19-2009, 11:49 AM
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Default How do you handle image theft/usage without permission ?

Hi All,

I am in no way a professional photographer, just a keen amateur enthusiast. I take photos cause I enjoy it and I enjoy the joy that others get from seeing them. I am a member of a couple of RC (Remote Control) car clubs and take a significant number of shots for the club and for the members of the club. I know I get a kick out of seeing my car in a photo.

I do not mind people downloading my shots , printing them etc, that is all part of the fun.

However I have seen a couple of instances where my shots have been used on commercial websites.
Examples below...

What would you do ??





The offending website and image :

DPS - Hurrax Crypton 4WD OR6 for 1/5 or 1/5 RC car @ DanielsPitStop


My image :


and :
Hurrax

(Top left corner)

my image


Just to complicate matters, the first example I give above.
I personally know the guy that owns the website , he is also a member of the club , it is his car in the photo.

In the second example this is the supplier of the product for sale in the first example.

I am not after money or compensation (or at least I wasn't until I saw this happening). Recognition or at least reference to me is really all I would be looking for.

Thanks for reading my ramble..
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Old 10-19-2009, 12:19 PM
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If it's commercial, then you should be compensated. E-mail the company or the guy you know and ask that they give you a credit line at least. Maybe something like "Some photos by __________, check it out on Flickr!" or similar.

If you really wanted to, you could sue, but since youre not making money from it as is, you wouldnt get much from it. Just remember to be polite and you shouldnt have a problem.
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Old 10-19-2009, 01:23 PM
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In the first one, talk to the guy. Ask if he would either give you a credit or remove the image and point out that it's lucky its one of your shots as a lot of photographers / agencies tend to come down on such things in a very heavy handed fashion. I presuming, of course, that your club doesn't have any rules about photography? Might be worth checking first that there is nothing stipulating rights for the owners of the vehicles depicted (and check permissions granted anywhere you have published them online - Flickr lets you claim your rights but other sites might have a blanket statement about passing rights over by posting them). It might also be worth raising next time the club has a meeting so that there is some clarity for everyone.

In the second case, a similar approach would probably be best although you don't have the grounds of knowing each other. I'd keep it friendly and short at first - don't make threats of legal action (especially if you've no idea of how to follow them up) or say too much (which can confuse things and give more material to trip everyone up).

Wulf
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Old 10-19-2009, 01:32 PM
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You set yourself up when you allowed folks to grab your photos for free personal use and print them just for the fun part.
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Old 10-19-2009, 04:06 PM
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Email the person/company asking them to cease and desist the use of your image for commercial purposes. Have you registered the copyrights to these images? If so, state that if need be, you will pursue legal action against them (even if you don't plant on doing so). If you haven't, ask them to give credit or remove the image from their site.
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Old 10-19-2009, 05:42 PM
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Most of the time, they will remove the images or pay you for their use. But one needs to take the first step in resolving the matter.
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