Image Copyright..

[jordanmcclements]

I was just reading the following thread with interest:-

http://www.webproworld.com/graphics-...se-images.html

And I agree that getty are out of order with their tactics.

However - I am looking this form the other side of the fence.

I have lost count of the number of times my images have been stolen.

95% of the time there is no malice (or profit) involved.

But sometimes, I just wish their was an easy way of asking for a fair payment without getting solicitors involved and without having to waste hours of my own time contacting people..

I guess I know their is no solution to this problem and just want to have a moan about it..

As an example here is one of my photos that has not only been stolen, but has had a visual watermark put on it so people know where it (allegedly) comes from!:-

http://www.layoutstar.com/image/bg/1/irish.jpg

(click in your browser address bar and press return if you don't see the image)

Surely this goes way beyond what could be considered 'fair use'?

Since this site (myspacelayoutspy.com) has a page rank of 5, maybe it is worth talking to a lawyer?

[Doc]

Jordan-

Without knowing more about the situation, it's difficult to render an opinion. However, if the photo is one that you produced, and they have placed their watermark on it, claiming it as their own, then I would at least pursue the matter with a C&D letter. I think it's quite possible (even probable) that they will immediately remove the photo from their site, because I think we'd agree they know full well that they stole the image. In that event, you'll have at least saved the money you would have paid a solicitor, which could be much better spent on some of your country's excellent ale!

If they refuse to remove it, or even respond, then you're faced with the decision of whether or not you want to throw money at it. As a matter of principle, I can certainly understand wanting to do so, but only you can judge the worthiness of the investment.

Good luck!

[jordanmcclements]

Yeah - at the end of the day it is only a myspace layout, and I cannot be bothered with the hassle of sending letters etc.

I might just send an email if I can be bothered.

Life is too short....

[kevinper]

I would hope that that you would send an email. I have little doubt that it will be taken down as they want to stay very legal. It will also help everyone. Every time we let this stuff go, we leave the door open for people to continue infringement.

It is also possible that they did not get it from your site but aquirred it elsewhere.

[jordanmcclements]

Yeah - I'll have to get round to doing something about it I guess.

NB I doubt very much it was innocent on their part as there are other photos on the same page that come up in the google image search results when you search for 'Ireland'. They probably have implemented some sort of 'scraper' or something...

[weegillis]

Seems they've swapped in one of their own boilerplate images at the link you provided. Can you please provide a url to your own picture?

[BaldyBob]

Hi Jordon,

For many years before I got into the website business, I was a commercial photographer.

This is a bit of a long winded answer to the general issue of copyright in the UK.

In 1988 a new copyright act came into law, if memory serves me right it was the Design & Patents Act 1988. UK law.

I see that you are in Northern Ireland, so I think that you will be covered.

Now here's the important bit. It's both a criminal and civil offence to use copyright material, a photo is automatically the copyright of the photographer (unless he works for something like a newspaper).

If somebody uses your photo, without your permission, or payment, they are in breach of your copyrights. It's up to you if you want to enforce your rights.

If you want to stop somebody using an image online, the best way would be to inform them, their hosting company and maybe even their ISP that they are all party to a breach of your copyrights.

Under the criminal aspect they would all have the potential to be guilty. If you think of it as a stolen product. Somebody has stolen your image, they then use it via a hosting company and ISP as part of the criminal act. Like a guy in a pub selling a stolen CD player to the barman, who then sells it to his friend. They are all part of the crime.

In the past I was owed money for some photos by a company that went bust. Months later a 'new' business was set up (the same business really). I asked them to pay for the photo, they told me to get lost as they were a limited company. I called trading standards in, they got the police involved, the directors of the business were all charged with breach of copyright.

Then they remembered my telephone number. The end result was I was paid, plus and extra £500 for unauthorised use. And as I kept in criminal (don't go via a lawyer - use the police or trading standards), it cost me nothing.

So the law is on your side, it's up to you if you want to enforce matters.

One other point (as this comes up) you do not need to have a copyright notice on your images - although this can help.

The only thing you may need to do, is provide proof that it is your photograph.


Regards,

Robert

[oneofmanytims]

Good advice from robert@internetdesignco.c . . .. If a web host gets a complaint of plagiarism or copyright infringement they will act quickly to defend themselves - even shut down the site.

In the U.S. its difficult to sue unless you can either prove significant damages to you or gain for them.

Also, they can alter your image and claim the derived product as original work. Unless there's big money involved there's no case.

[weegillis]

Under international copyright law going back to the 80s, at least, derivatives are still covered by the original copyright. Unless the image is registered under Creative Commons (or similar body) giving derivative permission with credit to the creator (rights holder), or the creator gives explicit permission, a derivative is a copyright infringement.

[oneofmanytims]

Under international copyright law going back to the 80s, at least, derivatives are still covered by the original copyright. Unless the image is registered under Creative Commons (or similar body) giving derivative permission with credit to the creator (rights holder), or the creator gives explicit permission, a derivative is a copyright infringement.

My understanding is that if someone loads my photograph or graphic into their image processor and makes a few changes, then turns it into a new jpg, or whatever, it becomes a new product. (I'm talking U.S. laws)

Can you link me to any documents to correct me ?