SMarsden

Joined: 27th March 2011

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SMarsden
You guess right, When images are uploaded to Facebook they are stripped of any metadata thus making them "orphan files", As I have the original DNG with all sorts of lovely GPS and Metadata stamped data embedded in, proof of ownership would be simple.


steven9761 wrote:
In that case, I'd be very tempted for this "thief" to try sueing in court, accusing you of theft of "their" intellectual property! I think your case would be won because, unlike your good self, it's extremely unlikely that "their" intellectual property contains the all-important metadata! I'm guessing that you have the original image store with the metadata intact, which would include a "timestamp" embedded into the image(s) in question. What judge would possibly find you guilty with that level of proof in your favour?

Comment by SMarsden posted on Image theft "Facebook" at 26/01/2013 - 19:08

SMarsden
Exactly right, Im the little guy being abused and taken advantage of.

Id sue if i could afford to.... But im unemployed so...

steven9761 wrote:
Another reason why I refuse to succumb to the "Zuckerberg virus"!! If you try to permanently erase a Facebook profile, the ability to do so is so deeply buried on their site, it would take you hours to find it! Then when you do eventually find it, they then tell you that "your profile will remain on their servers for a "grace" period of 14 days". The "lie" they feed you is that they do so "in case you change your mind about permanent deletion". I personally believe it's so that they get one last chance to harvest all of your personal data for Facebook's own personal gain!

I would never expect a Government agency to sell personal details for commercial gain, so what gives Facebook the right to do so?

I like the idea of invoicing these people for stealing your work, or sueing the ass off of them, but I suspect that it is not "cost-effective" to the everyday guy, and more suited to large corporations to pursue for copyright infringement, but I hope you get this resolved to your satisfaction anyway.

Comment by SMarsden posted on Image theft "Facebook" at 26/01/2013 - 18:44

SMarsden
Could you point me to somewhere with information to this effect...?


CMW wrote:
Issue a take-down notice, giving say 10 days for that to happen. Most sites in countries where the notion of a legal jurisdiction means something will comply. If you are serious about enforcing your rights you may have to go further if the take-down notice is ignored. Publishers will do that because ultimately their livelihood is at some risk if they don't, but the expense is not likely to be worth it in the case you've described. The best guard against this sort of thing (as you realise) is to make the file unusable, in one of the ways you describe.

But the legal position, which you ask about, is quite clear. You control all the rights.

Comment by SMarsden posted on Image theft "Facebook" at 26/01/2013 - 18:39

SMarsden
Hello

Some of you may or may not be aware that I have a Facebook page where I post a lot of my Photography projects.

I have noticed that some of my images have been 'lifted' from Facebook and used on commercial websites. 8 images of mine have been used on one site in particular.

I have contacted the Business owner whom has responded "they are in the public domain".

I would argue intellectual property theft all day long, and especially so as they have been used for commercial use after their 'theft'.

I realise that putting images on the internet opens all sorts of doors for 'loosing control' over your work. I know about water-marking and putting them low res, and small in size... ... ... ... ...

What Im interested in hearing is.... Legally where do I stand in this situation?

Many thanks for your time

Comment by SMarsden posted on Image theft "Facebook" at 26/01/2013 - 17:49

SMarsden
Good afternoon all

Some of you on this forum may already know me, but for those of you that don't : I am an artistic photographer and peruse it as a hobby, I studied photography at both College and University under John Blakemore and feel myself that I am very talented, technically and artistically, (but the latter is purely subjective).

I have offered my services to a family member whom has started his own Wedding Photography business. I have been ‘Second Photographer’ for 11 weddings and 4 engagement shoots thus far. I have also offered my time for the foreseeable future. I not asked for payment for my time or images and have told my cousin that he may use the images on the condition that I am credited wherever they appear.

As some of you may be established Photographers within the ‘Wedding Photography Community’ I was hoping I may ask your advice.

I am finding a large number of my images on the internet unaccredited. They appear on my cousins Facebook page as well as his website which he uses to promote his work.

When someone offers themselves as second photographer for a day, where do they stand in terms of their images? Is intellectual property ownership discussed and agreed beforehand? Is image usage rights discussed? And of course do you credit the volunteer that came to work with you?
Are there any ‘unwritten rules’ regarding this? For example: in exchange for valuable experience with a world renowned pro, the second photographer has certain ‘hoops to jump through’ and thus surrenders any rights to their own images?

I would be very grateful if anyone with experience or knowledge in this grey area could clarify this topic for me, and outline in brief how you approach this subject with people whom wish to come and work with you. Or what you would expect yourself. Do you credit them should you use an image of theirs? Or are they aware that they will not receive credit as it is agreed beforehand; as this is the currency of trade in exchange for your giving them an opportunity to see how you work?

Is the second photographer permitted to display the images they shot on the day to promote their own photographic artistry? Are there certain restrictions on this? And also what would you expect should you imagine yourself in my position giving your time to someone (irrespective of the personal relationship) whom is very unestablished, and only just starting out in the business.
I welcome any feedback and advice on this issue, both from an ethical stand point and should anyone have any legal knowledge in this area, please, I would also be grateful to hear from you.


And thank you all for the time you have taken to read this

Stew

If you are curious to see a small selection of my Wedding Photography, please follow this link

https://www.facebook.com/media/set/?set=a.356405021097451.78520.178394565565165&...

Comment by SMarsden posted on Intellectual Property at 23/09/2012 - 17:55

SMarsden
Couldnt agree more

robbiec wrote:
Try getting this with a Sigma or Tamron.
Comment Image


As reference, the background is a window & wall roughly 2 feet behind.
K-5 & A50 f/1.2 @ f/1.2 (so yeah, its about the glass )

Comment by SMarsden posted on "It's all about the glass". Show me examples please at 21/09/2012 - 18:13

SMarsden
Greetings Pentaxians,

Im in need of a Architectural lens / Perspective control lens for my trusty K5... Does any one have any ideas..?

Comment by SMarsden posted on Architectural lens / Perspective control lens at 10/02/2012 - 15:28

SMarsden
excelent feed back thanks guys....

Comment by SMarsden posted on K-5 & a Telescope at 11/01/2012 - 18:01

SMarsden
Greetings people of Pentax

I am a keen amature astronomer and love pointing my K-5 skyward on a clear night with my 0GPS-1 Attached.

I am looking also for a telescope to feed my passion, however I would love to be able to attach my K-5 to it so that I can photograph what is seen and basically use the telescope as a huge lens...

I have searched Google and come up dry, maybe one of you can point me in the right direction.

Many thanks

Stew

Comment by SMarsden posted on K-5 & a Telescope at 10/01/2012 - 18:03

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