One of my photos used by national newspaper without permission.

greedy123 · 18 Apr 2009 at 23:51

Kenai said:
http://tineye.com/search/cc5b0f751f5b861df221681282d8e7c2e082b492

That photo is available absolutely all over the place, assuming I picked out the right one.

I expect you'll have fun proving it's yours.

nice search engine, never seen it before!

Dano · 19 Apr 2009 at 06:33

GeX said:
indeed, you don't need to say "COPYRIGHT ME 2009!!!11" on every image, thats not how our copyright law works

greedy123 said:
Agreed ...and its not like you can't crop watermarks out anyway unless they are across the entire picture which would ruin the photo anyway.

Hatter The Mad said:
All original works are implicitly copyrighted until otherwise stated. It isn't the other way around.

Learn something new everyday

Nexus · 19 Apr 2009 at 08:44

What exactly do you have to do to fully prove it's your image?
Anyone have any experience of that?

For example the picture of the boys covered in paint there... someone owns the copyright to that yet I've seen that pop up all over the internet. I'm sure If I wrote into a newspaper or website, they are going to want to know how I can say that I own it.

greedy123 · 19 Apr 2009 at 09:47

Say if the photo it an edited version, and you have the digital negative (Original unedited version) that would prove you own it. Or if you took more than one shot that day of the same people then you could show you know the people in the photo and get them to confirm that you took the photo. Or prove you know the location the photo was taken.

GeX · 19 Apr 2009 at 10:51

Hatter The Mad said:
Do you have any experience or knowledge to back up your shock at my assertion? Where did you get £250... your ass? Sounds like it.

Bit of a know it all ass aren't you? I based the figure on the amount that i people i know have got from having their pictures stolen and printed in national newspapers. But this wasn't printed, it was just used on the site.

Namistai · 19 Apr 2009 at 11:22

Kenai said:
http://tineye.com/search/cc5b0f751f5b861df221681282d8e7c2e082b492

That photo is available absolutely all over the place, assuming I picked out the right one.

I expect you'll have fun proving it's yours.

So actually my point about the T&C's is extremely relevant as anyone could have submitted this to the paper

Kenai · 19 Apr 2009 at 14:20

Namistai said:
So actually my point about the T&C's is extremely relevant as anyone could have submitted this to the paper

Whilst true, I suspect it is far more likely they just found the series of pictures online somewhere.

I can't say i'm au fait enough with copyright law to know whether it makes a difference that the picture has become so widespread, whether there is any implied shift to public domain due to it being reproduced so much without challenge from the original owner.

Namistai · 19 Apr 2009 at 15:40

It may or may not directly affect the copyright position, but what it definitely does do is make it virtually impossible to prove where the paper obtained the image. They could very easily claim that it was submitted by Joe Bloggs in good faith and unless the OP was to pursue via the courts then there is little that can be done to extract the truth from them as they won't be obliged to reveal that information except in a court of law.

Best thing for the OP would be to try sending a simple letter and see what their reaction is. Chances are they'd ignore it, but it has to be worth a go for the sake or writing a letter. Best to mention that you have the original image (digital negative) in the letter to demonstrate ownership of the copyright.

albert · 19 Apr 2009 at 16:21

Don't worry....the only photo's The Daily Mail readers would be interested in is of Princess Diana.

Your photo will have gone totally unnoticed....

A.N.Other · 19 Apr 2009 at 17:17

Hatter The Mad said:
snip

Seriously, if you think you could get 5 figures compensation for the use of that image out of copyright, when it's available all over the net and has been used in chain e-mails, then dream on. I suggest you become a claims lawyer if you're that good.

I'll say again. With that many copies of the image around, it's very unlikely that they have taken it directly from pbase and have not intentionally broken the copyright. In likelihood, it's gone around as a funny link or chain e-mail and has been printed - and if you go back to the first page and look at the t&cs link given, you're unlikely to have a leg to stand on. It will fall under the 'submission of images and printed in trust' bit.

Hatter The Mad · 19 Apr 2009 at 17:42

A.N.Other said:
Seriously, if you think you could get 5 figures compensation for the use of that image out of copyright, when it's available all over the net and has been used in chain e-mails, then dream on. I suggest you become a claims lawyer if you're that good.

When I posted, I didn't realise it was available all over the net, nor that he would have such difficulty claiming ownership.

If it was the opposite, I stand by my words.

BananaDunka · 21 Apr 2009 at 13:14

Nexus said:
What exactly do you have to do to fully prove it's your image?
Anyone have any experience of that?

For example the picture of the boys covered in paint there... someone owns the copyright to that yet I've seen that pop up all over the internet. I'm sure If I wrote into a newspaper or website, they are going to want to know how I can say that I own it.

If you have the original image out of the camera this is a good start.

With my camera for example I shoot in RAW and the camera embeds my website address into the IPTC tags in the raw file itself incase the camera/memcard gets stolen. Since this area cannot be modified easily it proves you’re the owner.

UberTiger · 2 Jan 2011 at 23:56

So did you get any money or has this turned into a really long and drawn out courtcase?

Aleksandrs · 3 Jan 2011 at 00:15

That is some epic bump! lol

Probably never did anything after reading the replies.

UberTiger · 3 Jan 2011 at 00:16

I need to know what happened!

asim18 · 3 Jan 2011 at 01:08

I don't wanna start a new thread, but I just noticed something discusting..

Not only is this **** using my photo without attribution, he's plastered his watermark all over it.

http://www.eoferty.com.pl/przegrywanie_kaset_vhs_na_dvd_i_inne_promocja_150270.html

And these sad ****s are selling my photo as a business card template :mad:

http://www.zazzle.com/dj_cassette_tape_mixtape_business_card-240309772769516260

I'll definitely be sending zazzle an invoice.

UberTiger · 3 Jan 2011 at 01:18

Looks to me like it's a Polish gumtree. People post up ads. Google chrome kindly offered to translate it for me and I accepted.

Professional CD copying analog (vinyl), VHS video cassettes, VHS-C, Mini-DV, Video8, Hi8, audio cassettes - the digital media CD-DVD. We guarantee a lifetime warranty for the service, and quick processing of orders. Each has a certificate of the finished material - have the quality certificate ISO 90200th We work on Panasonic professional equipment. We work with TVP, execute orders for the IPN, as well as cooperate with public institutions such as theaters, opera houses, concert halls, libraries, etc). We cordially invite individuals, companies and institutions to take advantage of our services .. Our advantages are: competitive price, professional, fast implementation. Tel. 0 514 314 680 at 10 am-18. Digital Dream Studio. Welcome ... Tel. 0 514 314 680.

I'm guessing they came across your photo and just uploaded it to their post. Every image on the site has that watermark if you look around at other posts. If you want to give them a call their number is in the post

asim18 · 3 Jan 2011 at 01:43

ARGH!! More commercial usage!

http://www.nazar.com.vn/index.php/d...d-Xbox360---Vu-khi-loi-hai-cho-Game-thu!.html

Amp34 · 3 Jan 2011 at 02:41

For stock photography you really need to plaster a watermark over all your photos TBH.

Aleksandrs · 3 Jan 2011 at 03:01

How do you even find out about those things?