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Unauthorized use of photograph - what to do?

Discussion in 'Help Team' started by Diplopodus, Feb 9, 2014.

  1. Diplopodus

    Diplopodus Well-Known Member

    Hiya,


    Though having another of my photographs on display on flickr used on a meme before, I'm now baffled to find another one of mine on display on that website being used, at what looks like at first sight, for a more 'serious' purpose by this Italian website http://www.fisac-cgil.it/23129/la-grande-paura-dei-paesi-emergenti - but without my consent or them communicating me their intention of using it whatsoever. At least they had the decency (or unfortunate idea, depending on how one looks at it) of crediting me as its author.


    I'm aware of seeing previous similar threads but the reason I look for advice is that I'm neither based in the UK nor Italy but in Brazil instead, and am lost at what to do (if anything can be done) and if so, I'd like to know what a proper course of action would be.

    Thanks in advance.
     
  2. Roger_Provins

    Roger_Provins Well-Known Member

    I would send them an invoice (a hefty one) and the licensing conditions for use of the photo. They seem to have already accepted that you are the originator and copyright owner now they should pay up or take the photo down.
     
  3. southonline

    southonline Well-Known Member

    you cold try as Roger suggested but being on a foreign website and not knowing what the copywrite laws are in Italy I think you may struggle - but its worth a shot
     
  4. dangie

    dangie Senior Knobhead

    I have found quite a few of my pictures being used on various websites. Most but not all credited with my name. My view is that feel pleased they consider them good pictures and accept it. The Internet being what it is, if you don't want your pictures used, then either make them private or don't put them on at all.
     
  5. southonline

    southonline Well-Known Member

    I agree, but its nice to be asked
     
  6. nimbus

    nimbus Well-Known Member

    Does this not depend on the copyright laws in the persons country of dwelling? In this case Brazil.
     
  7. dangie

    dangie Senior Knobhead

    Quite right. Good manners cost nothing.

    In reality as much as it may upset some to see their pictures being used without their consent, I don't think the creators of the various websites use your pictures in a selfish way. Most do credit you with your name. Your pictures were taken from the world's biggest photo sharing website, made public not private, so in many peoples eyes they are free to be used. Accept it and move on is my advice.
     
  8. Barney

    Barney Well-Known Member

    So, by your thinking, all victims of burglary should feel pleased that their house was chosen and accept it?

    Using images without permission is theft. If you accept it or tolerate it it will not only continue, it will get worse.

    To the OP, send the website a hefty invoice and follow it up. You might not get anywhere, but your action should make them think twice about doing it to another photographer in the future.
     
  9. dangie

    dangie Senior Knobhead

    Sorry but you can't compare the use of a picture taken off a public sharing website which the author chose to put on, with having your house burgled. As I said, common manners wouldn't go amiss, but the time and trouble and probably expense involved in bringing this to a satisfactory conclusion is not worth it. They obviously liked the picture. Enjoy that fact.
     
  10. Benchista

    Benchista Which Tyler

    No, you're completely wrong and Barney's right. What sort of person can possibly enjoy having their property stolen? Weird. :confused:
     
  11. Diplopodus

    Diplopodus Well-Known Member

    Thank you all for taking the time to reply.

    So, as far as not accepting defeat go, issuing an invoice is the least I can do. By the way: theirs would be classified as editorial or commercial use?

    Besides they even stated all rights as being 'reserved' - so they knew well what they were into - and seemed to have simply hoped for the best (ie, I wouldn't spot it, given the great probability I'm not part of their readership). Isn't strongly hoping not to be caught red-handed, the premise of every burglar after all?

    As for seeing this sort of behaviour as normal and accept it as just the way things are these days, I'm sorry but try as I may, I fail to see that as something encouraging and/or an act I should feel flattered by.
     
  12. dangie

    dangie Senior Knobhead

    So what do you want?

    Payment for your picture which in reality you are unlikely to get without time, trouble and expense. Or...

    Having your picture withdrawn off the website so no one will then be able to see it?
     
  13. Benchista

    Benchista Which Tyler

    I'm struggling to see how any sane person wouldn't want one of those two options, TBH.
     
  14. Diplopodus

    Diplopodus Well-Known Member

    @dangie If issuing an invoice makes them, as Barney and others suggested, think twice before stealing the next photograph from other hard-working fellow photographers, I guess I can safely state I will have accomplished something then, can't I?

    I'm not concerned about having this sort of promotion to my work - for that I guess there are other more appropriate, law-abiding channels.

     
  15. southonline

    southonline Well-Known Member

    If they don't respond to your invoice which I think they will just ignore then send a DMCA notice and copy the hosting company as they maybe able to get them to remove the image, as they won't want to host a site thats using stolen images ..last ditch is to also warn them you will be emailing Google as they take a dim view to stolen images and could pull the site from its results pages...
     
    Last edited: Feb 9, 2014
  16. dangie

    dangie Senior Knobhead

    I have NEVER said it's ok to 'steal' a picture. I have said common courtesy would be nice.

    My argument is that it may prove to be extremely difficult to bring this to the conclusion you hope for.
     
  17. Diplopodus

    Diplopodus Well-Known Member

    That's some piece of information I didn't know about and it might prove itself useful. Cheers for that.

    In the end I got what I was looking for: sound advice on what to do as I was totally clueless, as the title of this thread suggests.

    Thank you guys.
     
  18. PeteRob

    PeteRob Well-Known Member

    Having always been aware that unauthorised use was a risk I was still suprised how cross I was to get a Flickr comment announcing that some person in Japan would use one of my pictures for a brochure. It was a one-time account so tough.
     
  19. beatnik69

    beatnik69 Well-Known Member

    Perhaps a better analogy would be that you are hosting an exhibition of your photography. you have put time and effort into displaying them only for someone to walk in off the street and remove one of the exhibits from the wall and walk off with it.
     
  20. southonline

    southonline Well-Known Member

    surely for that analogy to work they would have to take a photocopy of it ;)
     

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