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Newspaper Used 4-6 of my images without my permission - t...
  
 
Tony Rogers
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p.3 #1 · p.3 #1 · Newspaper Used 4-6 of my images without my permission - thoughts?


glort wrote:
I don't know what you call theft but I'm pretty certain that the law in most any part of the world would call that exactly theft.

The fact they asked permission showed they knew they needed it and then running the story without it was the theft. It was also belligerence and arrogance on their part in putting their own wants and desires before anyone elses.

The ramification of this could have been much more significant. Certain cultures here do not allow photographs of deceased people to be shown or published for a certain time.
If one of the people
...Show more

I think you need to do some research - copyright infringement is not theft in ANY country. It's a crime (in most jurisdictions), sure, but it is not theft. There are lots of things that are crimes without being theft - consider murder, or assault and battery. Definitely crimes, but not theft.

As for the possibility of there being other offences involved, such as the depiction of a deceased Aboriginal or Torres Strait Islander, that's sheer speculation on your part. You are trying to beat this up into something bigger than it is.

I'm more disturbed by copyright infringers who claim some kind of right to copy anything posted online. At least the newspaper asked, indicating that they knew that they had to. You might have a look at the lengthy discussion of a company that makes long boards, who have been copying images of skaters from sites and using them for advertising without credit or payment (this is more serious than a newspaper article, because it's common for photographers to be able to charge more for advertising images than for editorial images). They have been claiming that they have a right to copy the images (they are wrong).



Aug 10, 2017 at 11:35 AM
CMYK Designs
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p.3 #2 · p.3 #2 · Newspaper Used 4-6 of my images without my permission - thoughts?


Tony Rogers wrote:
"a deliberate planned theft" where the paper asked permission first? Hardly.

Seems more likely that they asked permission, got no reply before deadline, and ran the story with the images, on the basis that no one had said no.



So, Let's say I come to your front door and ring the bell so that I can enter your home. You aren't home to answer the door to tell me that I can or can't come in. In your theory, that would give me the right to just walk in? Wouldn't that be a crime?



Aug 10, 2017 at 11:41 AM
mdude85
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p.3 #3 · p.3 #3 · Newspaper Used 4-6 of my images without my permission - thoughts?


Tony Rogers wrote:
I think you need to do some research - copyright infringement is not theft in ANY country. It's a crime (in most jurisdictions), sure, but it is not theft. There are lots of things that are crimes without being theft - consider murder, or assault and battery. Definitely crimes, but not theft.



Put more simply, theft usually refers to tangible property, and so that's different from copyright infringement. The term 'infringement' denotes something different from theft.

Copyright infringement can be either criminal or civil. In most cases it is not criminal -- that's not a matter of the jurisdiction, but rather the intent.



Aug 10, 2017 at 02:19 PM
glort
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p.3 #4 · p.3 #4 · Newspaper Used 4-6 of my images without my permission - thoughts?


Tony Rogers wrote:
As for the possibility of there being other offences involved, such as the depiction of a deceased Aboriginal or Torres Strait Islander, that's sheer speculation on your part. You are trying to beat this up into something bigger than it is.


It is a distinct possibility as DID happen some weeks back. Just as much speculation to say it couldn't happen as it could. The thing is, without the paper asking as they failed to do in the local case, it's a very real distinct possibility.
It's not the actual specific case that is at issue rather the deed that is getting more widespread.

I guess some of us are more comfortable with it than others.




Aug 10, 2017 at 08:22 PM
glort
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p.3 #5 · p.3 #5 · Newspaper Used 4-6 of my images without my permission - thoughts?


CMYK Designs wrote:
So, Let's say I come to your front door and ring the bell so that I can enter your home. You aren't home to answer the door to tell me that I can or can't come in. In your theory, that would give me the right to just walk in? Wouldn't that be a crime?


I was thinking a similar thing.
You want to go dirt-bike riding/ hunting/taking pictures on someones land. You write to them asking permission but get no response ( maybe because they are on holidays or it's company owned land and the letter/email takes a month to get to the right person).

Asking with no response does not constitute permission and if they find you there, they could certainly have you arrested for trespass.
Telling the police or Judge you asked for permission and got no response so just went ahead is not going to be any sort of defense and I'd suggest severely undermine your position.

Where the notion of no response constitutes permission is some thing based on fantasy rather than law.




Aug 10, 2017 at 08:36 PM
R.H. Johnson
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p.3 #6 · p.3 #6 · Newspaper Used 4-6 of my images without my permission - thoughts?


pay attention: Removing or altering a copyright notice from an image or stripping metadata from the picture file is a violation of the DMCA. A person can be liable for between $2,500 and $25,000 plus attorney’s fees for removing from a work what the DMCA calls “copyright management information” from a work.

DCMA Digital Millennium Copyright Act.

To win a case under the DMCA, the name of the author, or copyright owner, or the copyright notice must have been removed from the work or altered. The DMCA refers to this as “copyright management information.”

We recommend always attaching a watermark or other copyright management information to all works that you distribute. Although you do not need to have a copyright registration to recover under the DMCA, we always recommend registering your photographs with the Copyright Office to be able to qualify for maximum awards for copyright infringement ($750 to $150,000 per infringement, plus costs and attorney’s fees).


http://www.photolaw.net/did-someone-remove-the-copyright-notice-from-your-photograph.html

In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed.

you have 2 separate issues.

1. Removing or altering a copyright notice from an image or stripping metadata from the picture file is a violation of the DMCA.

2. Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.

at a bare minimum you should be compensate $5000.00 for the 2 DCMA violations + $750.00 minimum X 10 ($7500.00) for each Copyright infringement for a grand total of $12,500.00. one should use these numbers as the basis for calculating the amount that is due to you.

hmmm, if i were in your shoes.....



Oct 04, 2017 at 01:25 AM
Daniel Smith
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p.3 #7 · p.3 #7 · Newspaper Used 4-6 of my images without my permission - thoughts?


pay attention: Removing or altering a copyright notice from an image or stripping metadata from the picture file is a violation of the DMCA. A person can be liable for between $2,500 and $25,000 plus attorney’s fees for removing from a work what the DMCA calls “copyright management information” from a work.

DCMA Digital Millennium Copyright Act.

To win a case under the DMCA, the name of the author, or copyright owner, or the copyright notice must have been removed from the work or altered. The DMCA refers to this as “copyright management information.”

-------------------------------------------

Still waiting for someone to nail GOOGLE and Facebook and similar as they deliberatly strip all metadata from the images they post.



Oct 04, 2017 at 04:30 AM
Jon Joshua
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p.3 #8 · p.3 #8 · Newspaper Used 4-6 of my images without my permission - thoughts?


Seriously? Your wife is getting free publicity. What were you going to do with those photos anyway? Just ask for photo credit for the online story.

I shoot local events and let my local paper editor have them for free with photo credit. We have a great relationship and I get introduced to other locals with gigs. The mayor and town council members know who I am.




Oct 04, 2017 at 08:45 PM
markd61
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p.3 #9 · p.3 #9 · Newspaper Used 4-6 of my images without my permission - thoughts?


OK, I understand that you are upset that your photos were used without permission.

However, the nature of small local newspapers is such that they are often promoting local social and cultural events and organizations.
They see themselves providing a public good.

By pressing your claim on the principle of copyright which is legitimate, you may end up damaging the relationship the dance troupe has with the newspaper and others in the community who may hear about the dust up.

The principle is real but the money at stake is minuscule compared to the bad feelings created.
Further, if you are ever contemplating trying to make money in your community, you will be surprised how much publicity this will generate compared to letting it slide.

As the images had watermarks it seems you get some free advertising anyway, assuming you want business.



Oct 04, 2017 at 11:20 PM
 

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R.H. Johnson
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p.3 #10 · p.3 #10 · Newspaper Used 4-6 of my images without my permission - thoughts?


speculation. ....



Oct 05, 2017 at 12:49 AM
voidsherpa
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p.3 #11 · p.3 #11 · Newspaper Used 4-6 of my images without my permission - thoughts?


Jon Joshua wrote:
Seriously? Your wife is getting free publicity. What were you going to do with those photos anyway?

I shoot local events and let my local paper editor have them for free...



RataRataRata you are one of those types.



Oct 05, 2017 at 02:04 AM
jbregar
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p.3 #12 · p.3 #12 · Newspaper Used 4-6 of my images without my permission - thoughts?


Never pick a fight with someone who buys ink by the barrel.

I’d probably give them a little shit about using it, but I doubt it’s worth pursuing.

Also, if you’re planning on selling a photo with an identifiable person (other than your wife) in it, I hope YOU have a model release from the person.



Oct 05, 2017 at 03:22 AM
Jon Joshua
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p.3 #13 · p.3 #13 · Newspaper Used 4-6 of my images without my permission - thoughts?


voidsherpa wrote:
RataRataRata


Does anyone know what this even means?



Oct 05, 2017 at 05:35 PM
jrulison
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p.3 #14 · p.3 #14 · Newspaper Used 4-6 of my images without my permission - thoughts?


mogud wrote:
IMHO, burning bridges with threatening letters, attorneys and copyright infringement suits might be a regrettable action in the future. My friendly advice is to send the editor a letter and ask him to acknowledge your photographs with a photo credit if your work is published again.

just sayin......



Fully agree with this guy! So your wife who from the sounds of it didn't pay for this advertisement which lets be clear your wife is benefiting from this. The best I would do is ask for credit in the online story. If you ever want to do work with them in the future you certainly don't want to burn that bridge over something so small. Technically the newspaper did your wife the favor by using the images. They could have just skipped the story since she never responded to the email they could have dropped the article all together. I



Oct 26, 2017 at 04:12 PM
Johnwocher
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p.3 #15 · p.3 #15 · Newspaper Used 4-6 of my images without my permission - thoughts?


So..........

It has been over three months.
What happened?
John



Oct 27, 2017 at 06:08 AM
elkhornsun
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p.3 #16 · p.3 #16 · Newspaper Used 4-6 of my images without my permission - thoughts?


I would send the newspaper an invoice for the use of the images and if they do not pay then I would take them to small claims court.


Nov 09, 2017 at 11:49 PM
tcphoto
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p.3 #17 · p.3 #17 · Newspaper Used 4-6 of my images without my permission - thoughts?


elkhornsun wrote:
I would send the newspaper an invoice for the use of the images and if they do not pay then I would take them to small claims court.


This is not good advice. You have no idea if the images have been used elsewhere, so it's impossible to quote an appropriate fee. Only after figuring out the usage, calculating what you would have charged plus factoring a penalty for unauthorized usage will you be able to quote a number. For years, the standard has been calculating what you would have charged and multiplying it by three to five according to the extend of the infringement.



Nov 10, 2017 at 04:02 PM
Vancouver47
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p.3 #18 · p.3 #18 · Newspaper Used 4-6 of my images without my permission - thoughts?


Since few reporters and newspapers ever get a story straight, I would not expect them to have a clue about the propriety of their actions here.

A demand letter from lawyer is the only thing that will make them pay the slightest attention.



Nov 12, 2017 at 11:44 PM
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