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Archive 2013 · Dealing with image theft

  
 
Lisa_Holloway
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p.1 #1 · p.1 #1 · Dealing with image theft


So I was alerted today that an image of mine that has become quite popular online was stolen by a rather large Facebook page with nearly a million followers No credit was given, they re-edited it (horribly), put some ugly text on it about not using people (the irony, eh?) and then slapped their own watermark right on top of mine. I am invoicing them for the commercial use of my image as well as the copyright violation, but this one incident has turned up dozens and dozens of other smaller sites using the same image. What can one realistically do about this without going broke paying a lawyer? I am absolutely devastated today and am almost to the point of listing my gear on ebay and throwing in the towel. This happens to me a LOT. I suppose I could start using a large, hideous watermark that goes diagonally across the entire image multiple times, but I really feel that takes away from the artistic merit of the image. What to do?


Sep 13, 2013 at 03:31 PM
jefferies1
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p.1 #2 · p.1 #2 · Dealing with image theft


I know that some law firms make their money sending copyright notices. I did a headshot for one but don't remember the name. I do so many they all blend together. Anyway I bet you can find one that gets paid from the proceeds assuming the place using the image it has assets.

Try not to get too upset about the image theft. If they are bad no one wants them. If good then they get used and with Google image search you can find them and even open up a whole new income stream. Start sending bills and like I mentioned try to hookup with a firm that will go after the larger places with deep pockets.

You can also contact the ISP ( Google a WHOIS search for the web host) if a independent web site. Tell them they have copyright issue on xyz site. Many will lock down the site if the owner does not respond. They don't want to be part of a legal action that could happen.




Sep 13, 2013 at 03:48 PM
airfrogusmc
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p.1 #3 · p.1 #3 · Dealing with image theft


Lia that SUCKS but I would try and contact them first and give them a day or two to respond. If there is no response them there is an attorney that those over at POTN recommend. I can't seem to find the post with the info but don't do anything as far as billing etc until you talk to an attorney if you don't get some kind of response.

I have a very good friend that's a very high power corporate guy and he handles all of my biz stuff. Really just as a favor, to small for his firm. Usually just a letter from an attorney will work.



Sep 13, 2013 at 03:50 PM
Lisa_Holloway
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p.1 #4 · p.1 #4 · Dealing with image theft


I plan to invoice this 'rawforbeauty' place for the commercial use and copyright infringement of my photo. A friend sent me a sample letter. She said her associate photographer makes more money from these copyright infringements than actual photography. Insane.


Sep 13, 2013 at 03:55 PM
airfrogusmc
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p.1 #5 · p.1 #5 · Dealing with image theft


Good luck and let us know how you do. This @$$holes should all be taught stealing has a real price.


Sep 13, 2013 at 04:06 PM
Lisa_Holloway
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p.1 #6 · p.1 #6 · Dealing with image theft


Here is my photo:



And here is a screenshot of the theft, the ironic quote, the ugly editing job they added, and the watermark slapped on top of mine. This page has 900K followers. It was shared almost 13K times off of this page alone, not even considering the shares generated from those shares. All lost traffic/business to my own page.




Sep 13, 2013 at 04:16 PM
jeremy_clay
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p.1 #7 · p.1 #7 · Dealing with image theft


There is little you can do besides try and get credit for it. Source: my weight loss trans. picture currently returns 752 pages (not links - pages) on Google Reverse Image search.

https://www.google.com/search?hl=en&tbs=sbi:AMhZZitGhBZXBky-F-MaSGHjrq0Uv_1dyR2U1pAQ3kyETi9_1yzauQ2BJ-32aaaqaeyZdJQP-JLaE20jpeUj0M96H5eRKNuVlFiDCCqgY8bcGcYv-gdIshgIhddb9-LmBqY_1cqKk0E0aMYxOo3vAgjD8tsuSTTSBPkKxnc9P68cZppZOBTHGMGbZeKPrF5uTAsCvNR19xO-EMvcLc5n6u1GyMTTymV_1UW3UDnHPB6saNbcbwOXsKY_1azjl9eyAFnKaj2m27Oo1QqV_16PL6CNRn84rO9dKyfYfOH2npKqpcWS6K6199rQycY69rdWldkdZn-HFyzyuFaK-rccGTYHeMB62zac4dYF28rCF3eJ_1XProWBLSB6bNFN8GJLZjqqdXJKiG4NAYyXQhA39hOs3KiI94LU27X12B8Z187swkAlx4gwilT5wLHKzE-DtMKMjGgwGiOJ-9iRuORRgaATmAiQbVq61h5nsuaoVrosrltyw_1HneydVjFa1BH8zsPBYJLF9eINZ1K5JY5lBWzTDlZUMydqiPBVvDd_1axZsMMSxaBGxnau-ScUF-AfWFaDTR_18iXsS2J_18L80X0MuRb2AbF617Wnie9aaF6Q3w2oGBhL8uXooRHUlH_1pn5Xx553P_1DlKh6GcmGqb_1OpJ7k1L4_1swZWE1cU-EGcLRvQUpcDPVAxOEctF--lXd4EYkI5tM32RtEIBU66dbRPJTTchfGBEPd8NcevwMlopuhcs2H3Eg5RvxUGfd_1yVbymNjXgFAw67Rx7q_1NNmbKj2njmKouSTIzg6Evfk5JE6qxebnRJUuENNzlnG0Sw0-iVwu8iMHRs0PVJjkoBQdbcalUmctM4zBFsElO1R8JV2xkhPbC0TNEhl04mitGQRKgLSUK8g4PQC3Zir6VFWbXo-S4B43dJ-bZJhsYL5IFzkoj682ky1g0ZA65V73VYxa3tNVdVq97EUqRxjuG8P2RI4zLitYYCysc2JRDDUAWGMAM0SQv9LkqqI9Fhz2OiX_1QCPQJo-5bXPvdEuqFiJy1G9N_1FmaCLaiI4kwAkzGNZ3YexBHpRZ8pdhyc98zrdjTsTv9ItyGRsiH7URydr8MaewGoriKSi2-KMiMPITkjLCzW39G0dQwZh-o1MrqiE1Tka7DpovfWxTLc4Rjvt0HeN99AQI_1NuP1n82DnTAafJHnB6xZNGOjlrSZ-27nq1Tz03KSGGxh90eD6wjOCxf5_1grLYX4v90jmRkJkDkAVNs5N1y5BlQrZGe8bfaVHP3qCnJNG-bVWbxiu8hP4-gV9DRo6GUAkk6l-yEX6taNpRA5dALNoZtdAUYqXo5pOptYtz5n9ppnAABqm3U5WY-H-qEIKSK-iPIlQjgts9hnoC64FiYHK3_1HTAWhLuQwyADsvzI&ei=yYIzUqiXM4ep2gW_ooCQAg&start=0&sa=N&biw=1920&bih=953&dpr=1

http://thechive.com/2012/10/03/a-little-boost-to-get-you-through-the-midweek-slump-40-photos/

http://9gag.com/gag/899309

http://www.etimes.net/service/etimes_2011/ShellView.asp?ArticleID=2013052913463601790&LinkID=6020&newsset=world_collect




Sep 13, 2013 at 04:25 PM
aubsxc
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p.1 #8 · p.1 #8 · Dealing with image theft


This is the main reason I stopped posting my photographs in places with public access over 10 years ago. You can pursue the most grievous violations, but it takes time and money and patience, and takes away from what you really want to be doing. Hope you can recoup a fair price from some of these violations and get the others to pull the picture.

Beautiful image by the way. I can see why they stole it.



Sep 13, 2013 at 04:26 PM
JR Photo
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p.1 #9 · p.1 #9 · Dealing with image theft


Lisa, some real irony here. Look at Jay Maisel.

http://www.aphotoeditor.com/2011/07/12/jay-maisel-defends-his-copyright-and-is-attacked-for-it-online/

Don't settle for a pound of flesh, get pound sterling. J. R.



Sep 13, 2013 at 04:31 PM
John Caldwell
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p.1 #10 · p.1 #10 · Dealing with image theft


How would you estimate the income lost by such use? Or is it a personal matter of principle?


Sep 13, 2013 at 04:34 PM
VilleK
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p.1 #11 · p.1 #11 · Dealing with image theft


I can imagine this can be really annoying but it has never happened to me or at least I don't know about it.

Do you think that this affects your income? If you think that pursuing this image thief cannot give you any more revenue, I would not bother. Fighting with these people makes you feel bad and, thus, less able to produce the good stuff you're doing.

The only thing you can do to try to prevent this is to include super ugly and big watermarks on top of everything or stop posting photos to internet. At least for me, the both options are worse than image theft.



Sep 13, 2013 at 04:38 PM
HawksFan66
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p.1 #12 · p.1 #12 · Dealing with image theft


You can still see your watermark! I often have the high school kids snag my sports photos of them to put on their facebook page. I don't sweat that a lot, but I did have 40 photos taken from my website for the yearbook without my permission. We had a little talk about that one.


Sep 13, 2013 at 04:46 PM
Sunny Sra
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p.1 #13 · p.1 #13 · Dealing with image theft


Have you done copyright on your photos? If not, then there isn't much you can do $ wise.

http://petapixel.com/2013/09/10/250-million-reasons-register-photo-copyrights/




Sep 13, 2013 at 04:47 PM
aced19
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p.1 #14 · p.1 #14 · Dealing with image theft


Here is Facebooks terms.
https://www.facebook.com/legal/terms

Look at #5 and all you can do is have it removed.
But with all the pictures on their site you might get them shutdown.
But good luck on getting some money. The only way to get Facebook's attention is to send Facebook a bill for allowing one of there users to post a copyrighted picture.



Sep 13, 2013 at 05:04 PM
ScottHM
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p.1 #15 · p.1 #15 · Dealing with image theft


Did you contact them...been searching their page, but looks like they may have removed it. They sure seem to have no problems using others work.
I did photos once for a company, that another company in India was making cheap knockoffs of their product, but stole my pictures off their website to sell their knockoffs.



Sep 13, 2013 at 05:08 PM
SargentRay
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p.1 #16 · p.1 #16 · Dealing with image theft


Hello Lisa, it does suck indeed and i know the feeling quite well since more than 200 sport pics were stolen from my web site and reposted on Facebook 2 years ago after i did a big Football tournament. The shots could not be downloaded from my site, but the sob simply used print screen shots and then posted them on one of the tournaments team Facebook page.

Didn't take me long to identify the culprit which was one of the head coaches. Little inquiry revealed he had joined the team's organization only 2 years before and was already hated by everybody within the said association.

My first reaction was to contact FaceBook admin and they deleted the whole album in question less than 40 minutes after my initial request to them. They advised me that if they did it again they would permanently close the FB page.

It lasted about 6 weeks and then the pictures re appeared on the same page, more than that they had created a private website linked to the FB page where they were using 5 of my shots. Every shot had again been stripped of my copyright logo and text and they even had the gull to put on their own.

So i contacted the same guy at FB since i had saved his contact and he again immediately deleted the album but did not close the team's page like he first said (don't know why). Then i sent an e-mail to the person who had done the web page informing her that the shot she had stolen were mine and that i had contacted a law firm in order to obtain reparation.

Poor woman she freaked out and explained it was her first website and she had done it as volunteer work for the team and had received the pictures with no name on them by the head coach of the said team (my 1st suspect to start with). She sent the reply both to me and this coach revealing his private e-mail. He replied minutes after receiving it, trying to justify his actions saying he had only done it for the kids, and only for his team. Which was a bunch of lies since he had taken shots from every team's games of his association. I also informed him i had been hired by the league's president on the agreement that my only salary would have been the sales of the pictures for 10$ per 8x10 which was a real effort for the kids and kids' parents. I'm telling you the guy freaked out and asked how much it would cost for the pictures he had "used". When i told him i wasn't interested in making any sort of business with him, but he would hear from my lawyer instead he went nuts and sent me more than a dozen e-mails saying he was sorry and wanted to pay, he offered 400$ but in reality i lost over 2,000$ of potential sales.

So i did contact the specialized law firm and they said that i had an excellent case especially with the e-mails where the nut case was admitting his guilt over and over. But they would charge me 150$ for the 1st letter and then it would have been 180$ / hour. And then i'd have to prove to the court i had actually lost money which was next to impossible to prove since you never know how much pictures you're going to sell during such events. Sometimes it's 30% sometimes 50% at best. So i figured if i won in court the only one who would make money would be the lawyer, and stopped everything at that point. But i wrote both the association and league presidents and they were pleased to learn all this, saying it was the proof they needed to fire him. To the best of my knowledge he never coached football after that, and that was enough for me. I also told all my fellow sport shooters colleagues about the incident and also to this day none of them ever shot a frame for them. I see their shots on their webpage and they are all shots taken from parents in the stands. It's a real shame for the kids but around here we're only a handful of sport shooters and none of us needs this kind of crap.

So my advice to you Lisa is to start everything by contacting FB admin, make print screens of your stolen work and have an original before modification on hand to prove it is your work. The problem in your case seems to be to identify the guilty party, the actual physical person. But you might gather proof after you get FB to remove the shots, just like it happened to me. For the law suit i guess it all depends on how much money you actually are loosing. If it is a substantial amount then it might be worth the legal fees. Good luck and for what it's worth i'm certain all of us photographers are behind you 100%



Sep 13, 2013 at 05:40 PM
dmacmillan
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p.1 #17 · p.1 #17 · Dealing with image theft


More info: http://truth-angels.deviantart.com/journal/Reporting-your-image-theft-to-facebook-325734112

I know this is disheartening.



Sep 13, 2013 at 05:42 PM
Lisa_Holloway
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p.1 #18 · p.1 #18 · Dealing with image theft


Thank you everyone - this is all helpful info. This is such a big problem.


Sep 13, 2013 at 05:45 PM
Lisa_Holloway
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p.1 #19 · p.1 #19 · Dealing with image theft


I have now found this image on 3 separate FB pages with over 1m likes a piece (one with 3.6m) and zero credit or backlinks to my page or website.


Sep 13, 2013 at 06:07 PM
SargentRay
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p.1 #20 · p.1 #20 · Dealing with image theft


Lisa_Holloway wrote:
I have now found this image on 3 separate FB pages with over 1m likes a piece (one with 3.6m) and zero credit or backlinks to my page or website.



You got your answer go for the law suit even if the court would recognize a 1% potential sales out of those million views and likes it would still come out to a lot of money.

Go for it Lisa !



Sep 13, 2013 at 06:16 PM
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