Copyright theft

I've just found some of my pictures running on someone's ad on Gumtree. I've asked Gumtree to remove it since it contravenes their T&Cs. Still flaming mad though.

Since he's a dancer I've toyed with the idea of threatening to break his leg.

there are three things you can do...

1)ask him to credit you, and link to your site in exchange for permission to use the images...
2)ask him to remove them, and send a copyright infringement to him and his ISP.
3)Demand payment....

Good luck.

Send Gumtree an Invoice

Can you change the image so his link ends up pointing to something else? Say a sign "Image taken from without permission"? If you make a new file with the same name and upload it to the same section of your site it should be swapped for the current one (which you can rename to keep it on your site but off his).

That's the gentle form. The evil form involves replacing the image with something stomach-turning!

I made the mistake once before of warning someone I was going to start a court action, they then removed the picture so the fee for it being online for a couple of weeks or something would have been tiny. I should have let it be online for a year or something. This ad has only been running a few days and given the nature of free ads on Gumtree it will fall off the radar very quickly.

Any promotion of your work must have a positive angle somewhere....

It is not a promotion of my work in any way shape or form. I make my living from photography and stealing my work is no different from stealing my wallet. Its also theft from the client who originally commissioned it.

agree.

He'll take it as a compliment

Wouldn't work - the EU Safe Harbour Provisions protect service providers from liability for infringement.

In reply to the original topic though: it isn't "theft" or "stealing" (nothing has been taken from you - you still have the copyright so it hasn't been stolen). It's copyright infringement.

rented a movie lately? DMC act says the service provider is liable for knowingly supporting copyright theft, once you inform them, the isp is Liable, at least over here... ever click on a youtube vid and get the "Taken down for copyright infringement" notice? that is there because they CAN BE HELD LIABLE...
The theft isn't just the taking of an electronic file, it is the theft of the revenue the photographer would have asked for as payment, if registered the copyright holder can sue for lost income.

It is no different than stealing anything else, just because it is so easy to steal people think nothing of it, doesn't make it any less a loss financially to the person selling his images to pay for his food.

The baker who steals my images is doing to me the exact same thing I'd be doing to him if I stole his bread.
There is a cost to being in business, an image file may seem like it cost nothing to the thief, but that is rationalizing.... it cost me money for the camera and lights used to create the image...

It's not the same, Don.

If you steal bread, that's one less loaf the baker can sell. With digital images, the only loss is the fee that would have been paid if the user were honest AND if he would have used the image knowing he would have to pay for it. Almost invariably, if he had to pay, he wouldn't use the image, so the real loss is zero.

Still damned annoying though, and it's still dishonest.

G

I have to assume that everyone who has commented has never used software they haven't paid for and has never illegally downloaded a film or mp3, has never used the company telephone for a personal call or used office supplies in their home!

The problem is what can seem small to one person can be a big issue for the copyright holder. It is estimated that PhotoShop is the most stolen piece of software in the world with between 50-90% of all copies being illegal.

I can honestly say I have never used software I haven't paid for, unless it was a trial version, free-ware or the licence came with something else. Nor have I ever downloaded a film or an MP3, let alone done so illegally.
I don't have paid work, so I pay for my own calls, and office supplies.

Halo polishing done , Ken I hope you manage to find a solution to this.
It is one reason I stopped putting many photos online. I had some used illegally and sold on as someone else's work. It was too complicated legally and too expensive for me to sort out.

Well that makes at least two saints here on Pentax User!

Latest news is that Gumtree have promised to resolve the matter in a couple of hours. Another galling thing I forgot to mention is that he has set up in direct competition to the person who commissioned the work in the first place so he has really, really ripped her off too.