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Archive 2013 · My photo was stolen and used in a Malaysian Stamp?

  
 
BrianO
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p.2 #1 · p.2 #1 · My photo was stolen and used in a Malaysian Stamp?


Paul Mo wrote:
...Good luck, yankee with pretty bird picture.


Actually, Romy is from the Philippines; I doubt he qualifies as a Yankee.



Oct 30, 2013 at 04:35 AM
kumori
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p.2 #2 · p.2 #2 · My photo was stolen and used in a Malaysian Stamp?


Might not be such an open and shut case. According to this website of a Malaysia law firm, there are three conditions to the issuance of a copyright in Malaysia (it seems that you don't fulfill (c)):

a) sufficient effort has been expended
b) the work has been written down / recorded / reduced to material form
c) work is done by a Malaysian citizen / permanent resident and is created / published in Malaysia

http://www.iplcca.com/copyright-protection-in-malaysia



Oct 30, 2013 at 04:36 AM
BrianO
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p.2 #3 · p.2 #3 · My photo was stolen and used in a Malaysian Stamp?


kumori wrote:
... According to this website of a Malaysia law firm, there are three conditions to the issuance of a copyright in Malaysia...


But this isn't about a copyright not being issued; it's about a copyright being violated. The real question is one of whether Malaysia has treaties honoring copyrights of other countries.

As for the Malaysian government's liability; I doubt they are liable beyond stopping circulation of the stamps. They can claim absence of malice, "didn't know," "we're also victims," etc. Whomever they bought the image from is the probably the one who has liability.



Oct 30, 2013 at 04:44 AM
justruss
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p.2 #4 · p.2 #4 · My photo was stolen and used in a Malaysian Stamp?


Paul Mo wrote:
Legal system? Good luck, yankee with pretty bird picture.

Ok, ok. If you come here for a holiday we'll give you some durian and buah melaka.


You live in กรุงเทพ, Paul, so you should know that a connected lawyer who knows how to work within the system and cultural norms in the region/country-- can be extremely effective. A tourist who doesn't know how it works will have trouble; someone who knows how it works, or knows a lawyer who knows how it works (and I'm not slyly referring to anything untoward here), can get results.

Durian aside!



Oct 30, 2013 at 04:47 AM
John_T
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p.2 #5 · p.2 #5 · My photo was stolen and used in a Malaysian Stamp?


...for those who do not know, Romy is a world renown Philippine photographer, particularly of birds, and his reputation is deserved through talent and earned through hard work. Romy has also been painstakingly helpful to other photographers for years, so I personally do not see this as simply a commercial transgression, rather an affront to us all. If some backstreet Photoshop jockey or government employee steals the work of others and sells it as their without consequence, then that is going to be your future.

There is no reason to stomp around in big boots and make excessive demands, rather walk on soft soles and address where reputation and image are higher than petty commercial interests.



Oct 30, 2013 at 04:54 AM
SKumar25
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p.2 #6 · p.2 #6 · My photo was stolen and used in a Malaysian Stamp?


What the White-fronted Falconet is supposed to look like :

http://orientalbirdimages.org/images/data/_d224006.jpg

For reference :
http://www.pbase.com/liquidstone/image/153146685/original.jpg




Oct 30, 2013 at 06:28 AM
Liquidstone
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p.2 #7 · p.2 #7 · My photo was stolen and used in a Malaysian Stamp?


Another puzzling thing for me is they have tons of photos of the real McCoy taken at Malaysia. Why the need to steal (and wrong species at that)?


Oct 30, 2013 at 06:34 AM
John_T
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p.2 #8 · p.2 #8 · My photo was stolen and used in a Malaysian Stamp?


Backstreet Photoshop jockey whose relative works for the ministry of tourism/post/whatever trying to make a fast buck and get recognition for future projects??

First of all having a Philippine bird representing Malaysian tourism is surely a major embarrassment if pointed out to the right officials. Your bird may not be the only such on the sheet and the scope of the fraud is even greater.

I would contact the Malaysian and Philippine ministries of tourism, plus the ambassadors over the misrepresentation by registered letter, started off with "Your Excellency, much to my surprise and amazement I have discovered that...."

Include the examples and analysis you have posted here, especially pointing out the misrepresentation of a Philippine bird as Malaysian, well as the error in species, but especially that the fraud was knowing and deliberate.

Ambassadors and Ministers have a different view than commercial interests, so even if they pass it to one of their minions, you can bet there will be a storm over it, especially if you have notified both the Philippine side, their bird, and the Malaysian side, their fraudster, and heads will role, you will get sincere apologies and whatnot, and more than the small fries will be on notice not to fool around, especially with Romy Ocon!

...oh, and if you really want to expand the fun, contact CNN, BBS and Aljazeera.




Oct 30, 2013 at 07:10 AM
Liquidstone
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p.2 #9 · p.2 #9 · My photo was stolen and used in a Malaysian Stamp?


Here's an elegantly simple video proof that they're the same photo, courtesy of Martin.au over there at DPR.




Oct 30, 2013 at 07:17 AM
Liquidstone
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p.2 #10 · p.2 #10 · My photo was stolen and used in a Malaysian Stamp?


John_T wrote:
...oh, and if you really want to expand the fun, contact CNN, BBS and Aljazeera.






Oct 30, 2013 at 07:18 AM
John_T
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p.2 #11 · p.2 #11 · My photo was stolen and used in a Malaysian Stamp?


Liquidstone wrote:


Title it "The Philippine Representative of the Malaysian Ministry of Tourism" and include it on DVD in a kit for all parties, including CNN, BBC and Al Jazeera. They will surely make a story out of it.



Oct 30, 2013 at 07:36 AM
voltaire
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p.2 #12 · p.2 #12 · My photo was stolen and used in a Malaysian Stamp?


Good luck, Romy. I've always admired your work and swiping of intellectual property should be punished indeed.


Oct 30, 2013 at 09:33 AM
Gary Irwin
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p.2 #13 · p.2 #13 · My photo was stolen and used in a Malaysian Stamp?


popinvasion wrote:
Just promote it as a special distinction for your work.


Exactly. If you complain now, no doubt it will be pulled and that's the end of it. If you let it go and they actually use the image, that would provide some interesting exposure of your work!



Oct 30, 2013 at 09:41 AM
timpdx
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p.2 #14 · p.2 #14 · My photo was stolen and used in a Malaysian Stamp?


The poor cloning job on your watermark seals the deal for me.

The Malaysian media may be interested in this, the copyright angle and the completely wrong bird angle. I don't think Al Jazeera or CNN would be interested, but the local KL media certainly would take an interest.

Put this on Reddit and Twitter and you may stir the hornet's nest by this evening.

Good luck, nice image.



Oct 30, 2013 at 10:11 AM
jeremy_clay
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p.2 #15 · p.2 #15 · My photo was stolen and used in a Malaysian Stamp?


In on epic thread.
So many birds on FM
Canon Bird Forum?



Oct 30, 2013 at 10:15 AM
Game Changer
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p.2 #16 · p.2 #16 · My photo was stolen and used in a Malaysian Stamp?


popinvasion wrote:
Just promote it as a special distinction for your work.



I respectfully disagree.

Topps trading cards used one of my US Copyright Office registered images on a trading card without my permission. Your proposed solution was what they initially offered to reconcile the willful and blatant copyright infringement. Since the card was already "on the shelves" in a special edition printing, I already had the "special distinction", (i.e. bragging rights) but no monetary compensation.

My experience has been that until you retain counsel and show that you are willing to file a lawsuit, corporations will simply two-step you hoping that you grow weary and eventually go away.

JMHO
YMMV



Oct 30, 2013 at 10:26 AM
AGeoJO
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p.2 #17 · p.2 #17 · My photo was stolen and used in a Malaysian Stamp?


Romy, echoing what others have said, your work is really awesome. I am not sure about getting some kind of recognition, let alone compensation from the Malaysian postal authority. The cloning job is really bad and that's a dead give-away. Like others have mentioned, too, I would try to stir the pot using the social media avenue. I hope everything works out to your benefits at the end. Even if you don't get direct monetary compensation but it should expose the media to your work and maybe you can get compensated that way or in more than just one way. Good luck!

Joshua



Oct 30, 2013 at 10:47 AM
Alek Komarnits
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p.2 #18 · p.2 #18 · My photo was stolen and used in a Malaysian Stamp?


echo'ing what others said that Romy's work is awesome ... and this is BS.

Keep us posted.



Oct 30, 2013 at 11:00 AM
Methodical
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p.2 #19 · p.2 #19 · My photo was stolen and used in a Malaysian Stamp?


Good luck with that one. You can see where the watermark was cloned in the rust color of the bird's feathers.


Oct 30, 2013 at 11:26 AM
Jon Joshua
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p.2 #20 · p.2 #20 · My photo was stolen and used in a Malaysian Stamp?


Gary Irwin wrote:
Exactly. If you complain now, no doubt it will be pulled and that's the end of it. If you let it go and they actually use the image, that would provide some interesting exposure of your work!


I wouldn't want my work hacked up like that. It's not his work any more.



Oct 30, 2013 at 11:37 AM
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