fredmiranda.com
Login

Moderated by: Fred Miranda
  New fredmiranda.com Mobile Site
  New Feature: SMS Notification alert
  New Feature: Buy & Sell Watchlist
  

FM Forums | Pro Digital Corner | Join Upload & Sell

1              3       4       end
  

Archive 2008 · Image used without permission!!!

  
 
HinduG
Offline
• • •
Upload & Sell: Off
p.2 #1 · Image used without permission!!!


Wow. I just sent this in to Kotaku. Hopefully they follow up on it.


Mar 18, 2008 at 01:32 PM
NickyD
Offline
• • • •
Upload & Sell: Off
p.2 #2 · Image used without permission!!!


What is a kotaku?


Mar 18, 2008 at 01:41 PM
HinduG
Offline
• • •
Upload & Sell: Off
p.2 #3 · Image used without permission!!!


This is Kotaku: http://kotaku.com/369457/photog-claims-juiced-2-swiped-his-work

A gaming blog (the best on the web). Kotaku has a great record for bringing media attention to issues such as this. It will hopefully generate enough buzz that the OP will get the compensation he deserves, without having to involve litigation.

Edited on Mar 18, 2008 at 08:41 PM



Mar 18, 2008 at 08:26 PM
UCDEngBoss
Offline
• •
Upload & Sell: Off
p.2 #4 · Image used without permission!!!


Listen to CTYankee. Call a lawyer and do exactly as he instructs you to do. A lawyer will know all of the ins and outs of the law regarding these issues that may take you months to learn on your own. Know that he will likely tell you to register the image.


Mar 18, 2008 at 08:42 PM
Josiah Jones
Offline
• • •
Upload & Sell: Off
p.2 #5 · Image used without permission!!!


Just lurking to see how this turns out....please let us know.

Josiah



Mar 18, 2008 at 09:49 PM
Baldur
Offline
• •
Upload & Sell: Off
p.2 #6 · Image used without permission!!!


I'm assuming that the Game is sold worldwide, sue in multiple market areas, US copyright laws suck compared to the rest of the civilized world where as soon as you press the button the image is yours completely and remains so for your heirs until 70 years after your death, no need to register and this right can not be transferred to others, you can release the economic right to someone else but the copyright is yours for that period of time. Before you settle for US compensation only see where you stand internationally. I just settled a local matter where 8 of my images were used without my permission and all I can say it was worth any time I spent on the issue, tens of thousands times over in fact
Stand up for your rights, all too many of us lay down and just get angry without action.

Nice image and very nice choice of subject matter by the way.

Good luck and go get'em.



Mar 19, 2008 at 11:53 AM
MaxiKana
Offline
• •
Upload & Sell: Off
p.2 #7 · Image used without permission!!!


Yeah I agree, this is in my opinion (though I'm only used to Finnish copyright, which is a whole lot better than the US) a clear cut case in your favor. If someone was to use my images without my permission, I'd beat them till they bleed literally speaking of course.

Edited on Mar 19, 2008 at 12:32 PM



Mar 19, 2008 at 12:32 PM
ferradas
Offline
• • •
Upload & Sell: Off
p.2 #8 · Image used without permission!!!


Meeting with an Intellectual Property Lawyer on Tuesday.


Mar 20, 2008 at 05:22 PM
HinduG
Offline
• • •
Upload & Sell: Off
p.2 #9 · Image used without permission!!!


Baldur wrote:
I'm assuming that the Game is sold worldwide, sue in multiple market areas, US copyright laws suck compared to the rest of the civilized world.


Right...

Try asking what Canadians think of their copyright laws...



Mar 21, 2008 at 01:04 AM
Ken Chow
Offline
• •
Upload & Sell: Off
p.2 #10 · Image used without permission!!!


No kidding, HinduG. Every job I do has it written into the contract that I own the image.

Ken



Mar 21, 2008 at 01:16 AM
HinduG
Offline
• • •
Upload & Sell: Off
p.2 #11 · Image used without permission!!!


Baldur wrote:
I'm assuming that the Game is sold worldwide, sue in multiple market areas, US copyright laws suck compared to the rest of the civilized world where as soon as you press the button the image is yours completely and remains so for your heirs until 70 years after your death, no need to register and this right can not be transferred to others, you can release the economic right to someone else but the copyright is yours for that period of time


Uh, in the US, as soon as you take the picture, you own the copyright until 70 years after your death...sounds like you Swedes just stole your copyright laws from the US.



Mar 21, 2008 at 01:27 AM
Duncan Staples
Offline
• • • • •
Upload & Sell: Off
p.2 #12 · Image used without permission!!!


It is now 11 days since the original post and no letter has been sent to the infringer by an IP attorney. That is simply lazy. If this were my image (has happed 3 times to me), I would have had an attorney reviewing my case on the 6th of March and a letter sent that day. At the same time I would have been registering the image with the USCO - (yes Hindu and Baldur) it is required that the image be copyrighted prior to litigation as the attorney will not take the case if he/she cannot recoup their fees and expenses.

This is just plain lazy and quite frankly if I were their attorney viewing this thread I would be thrilled as it clearly defines your weakness and lack of conviction in collecting what is due to you.

Duncan



Mar 21, 2008 at 06:03 AM
Duncan Staples
Offline
• • • • •
Upload & Sell: Off
p.2 #13 · Image used without permission!!!


Hindu - why would you screw over a photogrpher on FM? Sending this information to the potential defenders of the case only gives them the upper hand.

I'm glad we aren't friends or colleagues.

Duncan



Mar 21, 2008 at 06:07 AM
MichaelKirk
Offline
• • •
Upload & Sell: Off
p.2 #14 · Image used without permission!!!


Tagging along for the ride,
Michael




Mar 21, 2008 at 09:17 AM
HinduG
Offline
• • •
Upload & Sell: Off
p.2 #15 · Image used without permission!!!


Duncan Staples wrote:
Hindu - why would you screw over a photogrpher on FM? Sending this information to the potential defenders of the case only gives them the upper hand.

I'm glad we aren't friends or colleagues.

Duncan


Did I send this information to THQ? I wasn't aware that I did. Also my friends know how to spell photographer.



Mar 21, 2008 at 09:26 AM
Mitchel107
Offline
• • • •
Upload & Sell: Off
p.2 #16 · Image used without permission!!!


Hindu, seriously....

you took the guys court case and threw it to the public.

I, as well, am glad that you and I are not friends or collegues.



Mar 21, 2008 at 12:16 PM
NickyD
Offline
• • • •
Upload & Sell: Off
p.2 #17 · Image used without permission!!!


Duncan Staples wrote:
Hindu - why would you screw over a photogrpher on FM? Sending this information to the potential defenders of the case only gives them the upper hand.

I'm glad we aren't friends or colleagues.

Duncan



I think this is a misperception. I looked up Kotaku (and I am glad I could make them laugh), and it is does not have anything to do with the manufacturer of the game. It is an open forum to discuss video games. They are completely independent of any video game maker as far as I can tell. I believe HinduG was trying to gather support from another area and try to help add pressure to video game company in question.

Let's not take someone trying to be helpful and rake them over the coals...


(Mitchel...jump on the bandwagon much?)



Mar 21, 2008 at 12:36 PM
bfox2
Offline

Upload & Sell: Off
p.2 #18 · Image used without permission!!!


NickyD wrote:
I think this is a misperception. I looked up Kotaku (and I am glad I could make them laugh), and it is does not have anything to do with the manufacturer of the game. It is an open forum to discuss video games. They are completely independent of any video game maker as far as I can tell. I believe HinduG was trying to gather support from another area and try to help add pressure to video game company in question.

Let's not take someone trying to be helpful and rake them over the coals...


While I agree with this it still would have probably been polite to check with the OP beforehand.

Anyway, I'm also interested in seeing how this turns out.



Mar 21, 2008 at 01:04 PM
Mitchel107
Offline
• • • •
Upload & Sell: Off
p.2 #19 · Image used without permission!!!


NickyD wrote:
(Mitchel...jump on the bandwagon much?)


I quoted Duncan,only for the part he put perfectly.

I didnt quote him, however, when he said that Hindu sent the info to potential defenders.

I looked up Kotaku as well and yes, it is a community of gamers, I know. The 'report' has a very news-like look to it, and it details the picture, the companies in question, and the photographer who is involved. Included is a link to this post which details a timeline of events regarding the photographer and his actions, advice from other photographers and on attorney i.e. who may or may not have a strong part of the case (folgers allusion), some good moves to make for success....and the whole rest of the story.....

I dont know what size this gaming company is, but if they are of a decent size, they may have already caught wind of the story and begun work on SQUASHING the case before settlement, resulting in completely ripping off the photographer. I bet some serious money went into the gear, time, and talent for this shoot, not to mention other costs and taxes later on...

When I first read the post:

HinduG wrote:
Wow. I just sent this in to Kotaku. Hopefully they follow up on it.


I was suprised. It could be true that Kotaku has a history of protecting a photographers rights in the misuse of a photo, ya never know right? I doubt it. I dont really know the details of what Kotaku does, however, I thought it was a bad thing because the OP is beginning a legal case with this! I would consider it quite rude to spread around the details of anyone's new and growing case.

I feel like Hindu, in essence, has said, "Hey world [including the gaming company in question]! Check this out! There will probably be a lawsuit here! Whaddya think?"

In defense of the gaming company which, in my opinion is thieving from the OP, violating copyright law and being plain down-and-dirty, the OP might have wanted to keep the entire case secret. But he began by asking advice......

So there are my knowledge and my thoughts on the issue.

My feelings?
I would not really like to be the collegue of someone who would blunder like that to my detriment. Friends? nah. There just as much confidentiality between friends as there is between collegues, just a different subject matter.

So, I quote Duncan

Duncan Staples wrote:
Hindu - why would you screw over a photogrpher on FM? Sending this information to the potential defenders of the case only gives them the upper hand.

I'm glad we aren't friends or colleagues.

Duncan


No, I dont jump on the bandwagon much.

Thank you.

Mitch

p.s. I would like to state again that it is probably quite rude to spread around the details of anyone's legal cases. Photographers at times on FM do have legal cases and discuss them with each other and include details. IMO those are not details that we should not disclose to other media/forums. That is, of course, my opinion......

Edited by Mitchel107 on Mar 21, 2008 at 12:45 PM GMT (Reason: added p.s.)

Edited on Mar 21, 2008 at 01:45 PM



Mar 21, 2008 at 01:13 PM
NickyD
Offline
• • • •
Upload & Sell: Off
p.2 #20 · Image used without permission!!!


Mitchel107 wrote:
I quoted Duncan,only for the part he put perfectly.

I dont know what size this gaming company is, but if they are of a decent size, they may have already caught wind of the story and begun work on SQUASHING the case before settlement, resulting in completely ripping off the photographer. I bet some serious money went into the gear, time, and talent for this shoot, not to mention other costs and taxes later on...

When I first read the post:

I was suprised. It could be true that Kotaku has a history of protecting a photographers rights in the misuse of a
...Show more

Yet, you have no problem when we discuss here on Fred Miranda for the world to see... nice recovery though.



Mar 21, 2008 at 01:42 PM
1              3       4       end




FM Forums | Pro Digital Corner | Join Upload & Sell

1              3       4       end
    
 

Welcome back
Log in to your account