Copyright theft
Posted 31/03/2011 - 10:07
Link
Honestly, I would charge him. I just checked my insurance on that one should this ever happen to me and it is covered within my insurance.
I can imagine that the original person who commissioned the work is would be pretty mad to say the least and just to show that you will not stand for anything like this I would pursue it as this shows to your customer that you guard their commissioned work and enforce any infringement.
Check your policy you may be insured for this kind of theft as well.
I can imagine that the original person who commissioned the work is would be pretty mad to say the least and just to show that you will not stand for anything like this I would pursue it as this shows to your customer that you guard their commissioned work and enforce any infringement.
Check your policy you may be insured for this kind of theft as well.
Kind regards
SmutjeUK
It's nice to be nice!
Pentax K-5 with D-GB4 Grip, to many lenses to mention by now (serious LBA by now), TC's, Lowepro Slingshot 300 AW, Manfrotto 028 & Redsnapper RS-283 with various Heads plus various Camera Clamps (I collect them). Pentax AF 360FGZ, Pentax AF 240FT, several Metz 45 CT-1 & 5 with stands and 'Blow Up' Soft Boxes, Flash Triggers, and various Macro gear.
SmutjeUK
It's nice to be nice!
Pentax K-5 with D-GB4 Grip, to many lenses to mention by now (serious LBA by now), TC's, Lowepro Slingshot 300 AW, Manfrotto 028 & Redsnapper RS-283 with various Heads plus various Camera Clamps (I collect them). Pentax AF 360FGZ, Pentax AF 240FT, several Metz 45 CT-1 & 5 with stands and 'Blow Up' Soft Boxes, Flash Triggers, and various Macro gear.
Posted 31/03/2011 - 12:19
Link
Pentaxophile wrote:
How exactly was the work being used? Did he stand to gain financially from its use and how did he obtain it?
He showed the photograph in an advert presumably trying to pass off the staging, lighting and choreography as his own work thereby encouraging people to sign up for his dance school and I'd imagine he either scanned it from my client's publicity material or right-clicked from her web-site.How exactly was the work being used? Did he stand to gain financially from its use and how did he obtain it?
The legitimate image is the one on the right: link all the pics on this website are mine.
Ken
“We must avoid however, snapping away, shooting quickly and without thought, overloading ourselves with unnecessary images that clutter our memory and diminish the clarity of the whole.” - Henri Cartier-Bresson -
“We must avoid however, snapping away, shooting quickly and without thought, overloading ourselves with unnecessary images that clutter our memory and diminish the clarity of the whole.” - Henri Cartier-Bresson -
Posted 31/03/2011 - 12:29
Link
WOW - they are very local to you Ken !
If I'm not mistaken your copyright is on the bottom of that page too .
Cheeky so-and-so lifting it
BTW - is the dog there your pup ?
If I'm not mistaken your copyright is on the bottom of that page too .
Cheeky so-and-so lifting it
BTW - is the dog there your pup ?
let the education continue
proud owner of a couple of cameras and a few bits and bobs
proud owner of a couple of cameras and a few bits and bobs
Posted 31/03/2011 - 12:38
Link
gartmore wrote:
I'd imagine he either scanned it from my client's publicity material or right-clicked from her web-site.
I think I'll bookmark this as proof the next time a client tells me they want a Flash website under the mistaken impression that it will stop people from downloading their photos.
I'd imagine he either scanned it from my client's publicity material or right-clicked from her web-site.
Tim
AF - Pentax K5, Sigma 10-20/4-5.6, Tamron 17-50/2.8, Sigma 30/1.4, Sigma 70-200/2.8, Tamron 70-300/4-5.6
MF - Vivitar CF 28/2.8, Tamron AD2 90/2.5, MTO 1000/11
Stuff - Metz 58 AF1, Cactus v4, Nikon SB24, Raynox 150, Sigma 1.4x TC, Sigma 2x TC, Kenko 2x macro TC, Redsnapper 283 tripod, iMac 27”, Macbook Pro 17”, iPad, iPhone 3G
Flickr • Fluidr • PPG • Street • Portfolio site
Feel free to edit any of my posted photos! If I post a photo for critique, I want brutal honesty. If you don't like it, please say so and tell me why!
AF - Pentax K5, Sigma 10-20/4-5.6, Tamron 17-50/2.8, Sigma 30/1.4, Sigma 70-200/2.8, Tamron 70-300/4-5.6
MF - Vivitar CF 28/2.8, Tamron AD2 90/2.5, MTO 1000/11
Stuff - Metz 58 AF1, Cactus v4, Nikon SB24, Raynox 150, Sigma 1.4x TC, Sigma 2x TC, Kenko 2x macro TC, Redsnapper 283 tripod, iMac 27”, Macbook Pro 17”, iPad, iPhone 3G
Flickr • Fluidr • PPG • Street • Portfolio site
Feel free to edit any of my posted photos! If I post a photo for critique, I want brutal honesty. If you don't like it, please say so and tell me why!
Posted 31/03/2011 - 12:41
Link
Well I tried right-clicking and couldn't copy the photos.
Posted 31/03/2011 - 12:44
Link
Easy peasy lemon squeezy, 'Prnt Scrn' and crop or snip tool but it could have been scanned from printed material. I'd forgotten that was a flash site.
Ken
“We must avoid however, snapping away, shooting quickly and without thought, overloading ourselves with unnecessary images that clutter our memory and diminish the clarity of the whole.” - Henri Cartier-Bresson -
“We must avoid however, snapping away, shooting quickly and without thought, overloading ourselves with unnecessary images that clutter our memory and diminish the clarity of the whole.” - Henri Cartier-Bresson -
Posted 31/03/2011 - 12:46
Link
gartmore wrote:
[He showed the photograph in an advert presumably trying to pass off the staging, lighting and choreography as his own work thereby encouraging people to sign up for his dance school and I'd imagine he either scanned it from my client's publicity material or right-clicked from her web-site.
That's possibly even worse than the copyright infringement issue!
[He showed the photograph in an advert presumably trying to pass off the staging, lighting and choreography as his own work thereby encouraging people to sign up for his dance school and I'd imagine he either scanned it from my client's publicity material or right-clicked from her web-site.
Posted 31/03/2011 - 12:56
Link
We could alll reply to his ad and book classes then never turn up!
Posted 31/03/2011 - 13:03
Link
Pentaxophile wrote:
agreed!
gartmore wrote:
[He showed the photograph in an advert presumably trying to pass off the staging, lighting and choreography as his own work thereby encouraging people to sign up for his dance school and I'd imagine he either scanned it from my client's publicity material or right-clicked from her web-site.
That's possibly even worse than the copyright infringement issue
Posted 31/03/2011 - 13:27
Link
Sounds like Trading Standards need to be informed.
Half Man... Half Pentax ... Half Cucumber
Pentax K-1 + K-5 and some other stuff
Algi
Pentax K-1 + K-5 and some other stuff
Algi
Posted 31/03/2011 - 13:52
Link
Algernon wrote:
Sounds like Trading Standards need to be informed.
Agree and I feel like that he has not only 'stolen' from one person but from two.Sounds like Trading Standards need to be informed.
He should be not only charged for the infringement but loss of earnings as well.
Kind regards
SmutjeUK
It's nice to be nice!
Pentax K-5 with D-GB4 Grip, to many lenses to mention by now (serious LBA by now), TC's, Lowepro Slingshot 300 AW, Manfrotto 028 & Redsnapper RS-283 with various Heads plus various Camera Clamps (I collect them). Pentax AF 360FGZ, Pentax AF 240FT, several Metz 45 CT-1 & 5 with stands and 'Blow Up' Soft Boxes, Flash Triggers, and various Macro gear.
SmutjeUK
It's nice to be nice!
Pentax K-5 with D-GB4 Grip, to many lenses to mention by now (serious LBA by now), TC's, Lowepro Slingshot 300 AW, Manfrotto 028 & Redsnapper RS-283 with various Heads plus various Camera Clamps (I collect them). Pentax AF 360FGZ, Pentax AF 240FT, several Metz 45 CT-1 & 5 with stands and 'Blow Up' Soft Boxes, Flash Triggers, and various Macro gear.
Posted 31/03/2011 - 16:26
Link
Send him an invoice for the same charge as you charged the person commissioning it. Double income from same work. Big win.
... just another middle-aged guy with a hobby. I have an extreme macro learning site at extreme-macro.co.uk - Pentax-centric, your feedback and comments would be appreciated!
Posted 31/03/2011 - 17:15
Link
nass wrote:
Send him an invoice for the same charge as you charged the person commissioning it. Double income from same work. Big win.
Depending on the commission the he had originally he can not do so (confidentiality) as it was his customer who paid him to do the work in the first place. Send him an invoice for the same charge as you charged the person commissioning it. Double income from same work. Big win.
You can not just go out and then sell the same pictures again. You then would be in breach with the confidentiality with your customer and I am sure the least would be that he looses a customer but more likely would be that his customer will take him to court.
Plus you have a name (brand) to protect! Would you hire a photographer when you know that he may sell on your commissioned work to someone else as well.
Its not as easy as that.
Kind regards
SmutjeUK
It's nice to be nice!
Pentax K-5 with D-GB4 Grip, to many lenses to mention by now (serious LBA by now), TC's, Lowepro Slingshot 300 AW, Manfrotto 028 & Redsnapper RS-283 with various Heads plus various Camera Clamps (I collect them). Pentax AF 360FGZ, Pentax AF 240FT, several Metz 45 CT-1 & 5 with stands and 'Blow Up' Soft Boxes, Flash Triggers, and various Macro gear.
SmutjeUK
It's nice to be nice!
Pentax K-5 with D-GB4 Grip, to many lenses to mention by now (serious LBA by now), TC's, Lowepro Slingshot 300 AW, Manfrotto 028 & Redsnapper RS-283 with various Heads plus various Camera Clamps (I collect them). Pentax AF 360FGZ, Pentax AF 240FT, several Metz 45 CT-1 & 5 with stands and 'Blow Up' Soft Boxes, Flash Triggers, and various Macro gear.
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4798 posts
17 years
Saffron Walden,
Essex
Send Gumtree an Invoice
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.
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...
AF - Pentax K5, Sigma 10-20/4-5.6, Tamron 17-50/2.8, Sigma 30/1.4, Sigma 70-200/2.8, Tamron 70-300/4-5.6
MF - Vivitar CF 28/2.8, Tamron AD2 90/2.5, MTO 1000/11
Stuff - Metz 58 AF1, Cactus v4, Nikon SB24, Raynox 150, Sigma 1.4x TC, Sigma 2x TC, Kenko 2x macro TC, Redsnapper 283 tripod, iMac 27”, Macbook Pro 17”, iPad, iPhone 3G
Flickr • Fluidr • PPG • Street • Portfolio site
Feel free to edit any of my posted photos! If I post a photo for critique, I want brutal honesty. If you don't like it, please say so and tell me why!