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Strange Case of © Infringement & Impersonation
So, it has been a few years since someone pretended that my photos were his... but now... I got an amusing but also a weird case of copyright infringement and impersonation. Backstory: A model manager from Connecticut contacted me via Facebook, giving me a headsup that he had been contacted by a photographer (fake name) from Philly, to do a paid shoot with one of the models he is repping... However, all the editorial fashion photos he has on his FB profile are about thumbnail size of MY photos. The manager found that the photos were mine, did research and ultimately found me and let me know that something is going on. That fake photographer, claims to be a sports photographer and actually posted 19 of my photos as "More of my [his] work" and one of the shots is.... wait for it... wait.... my profile photo that I have here on MM as well. He does have a profile photo, for which I did a google image search... and lo and behold... that photo is the headshot from an established commercial photographer in Florida... Of course I googled the name, and the only hit is a Google+ profile with no activity. Anyway... so... his name is fake, the profile pic is fake and the fashion photos are not his, but mine... I could get his FB profile deleted for copyright infringement, but that won't do anything, since I have no idea who that dude is. I suspect he could be a MMer, since all the shots he posted are on my MM portfolio. Any tips how to find out who is really behind a profile, or would I need a court order etc.? I don't want to make too much of a deal out of it and suing wouldn't lead to anything... I am just really, really curious who the hell this guy is! I almost feel like this is a joke account, since he even posted my own headshot as one of the photos he took... it's just weird!!! May 19 15 08:16 am Link Are your copyright photographs registered? May 19 15 08:50 am Link Update: The profile of "Chase Sullinger" was deleted, within minutes after I started this thread... so, someone is monitoring MM. Here's one of the screengrabs I captured! Please, don't forget, the profile photo of "Chase" belongs to a different photographer who has nothing to do with Chase or the photos! May 19 15 08:51 am Link Stecyk wrote: Yes, but in order to win a lawsuit, you'd have to demonstrate the financial damages you had because of the infringement... May 19 15 08:54 am Link udor wrote: Actually, if the photos are registered you don't have to demonstrate the financial damages (plus the offender would also be required to pay all court and attorney fees for both sides).) May 19 15 09:18 am Link udor wrote: I am reading the book The Copyright Zone: A Legal Guide For Photographers and Artists In The Digital Age by Edward C. Greenberg and Jack Reznicki. The former being a copyright lawyer and the latter, a photographer. Compensatory damages. To dissect the word "compensatory" in its root, it's the actual compensation for your work. This is essentially the value of the fees you would have earned had the infringer initially come to you in good faith and legitimately paid for a license of your image. The minimum compensatory damage would be the amount you would have charged had the infringer asked and fairly negotiated for use of the image with you. I am using the Kindle version, which doesn't provide page numbers. It's at location 840, in case you buy the Kindle version and wish to look it up. Additionally, when you can prove that the infringement was done willfully, then you are entitled to enhanced statutory damages. “Willfulness” means that the infringer either had actual knowledge that it was infringing the owner’s copyrights or acted in reckless disregard of those rights. Evidence that the infringed works bore prominent copyright notices supports a finding of willfulness. Given that you are considering taking action of some sort, you should speak with a practicing attorney. SayCheeZ! wrote: Agreed. That's my understanding, too. May 19 15 09:32 am Link Thanks StecyK and SayCheeZ! The issue is also that there is no hint who that person is... name is fake, Google returns only with a dormant Google+ profile... the profile photo is stolen from another photographer and the models on his friends list can't be contacted now, since this profile got deleted... as I have said... within minutes of me posting this thread! So, there is no identity or hint for the real person... May 19 15 10:00 am Link Finding him is always the hard part. May 19 15 10:14 am Link SayCheeZ! wrote: This is correct. You can actually go after people legally for the license value of the images to start with and then mark it up any amount you choose as a punitive issue for damages. I've collected many thousands of dollars over the years from fauxtographers who have used my photos as theirs. One dimwit (a woman actually) was using my photos in her craigslist ads locally here in Vegas and she paid me quite quickly when I caught her. May 19 15 11:20 am Link now you are famous - May 19 15 11:31 am Link I'll name it- Statutory Damages. Good luck Udor. May 19 15 04:54 pm Link udor wrote: If you have a screenshot showing his MM number, perhaps contact admin and ask what records they still have. Just because a person has deleted their account from public view, I am not sure that that means that MM has erased all trace of the impersonator. May 19 15 05:12 pm Link John Horwitz wrote: LOL May 19 15 05:15 pm Link Rob Photosby wrote: I'm sure that he is getting some help. May 19 15 05:15 pm Link Rob Photosby wrote: Thanks Rob! May 19 15 05:20 pm Link Udor, Just for the heck of it, contact an IP attorney. Sometimes they like to chase ambulances too May 19 15 05:28 pm Link udor wrote: Adam from LV offered to help. May 19 15 05:31 pm Link Jerry Nemeth wrote: Thanks! May 19 15 06:21 pm Link udor wrote: Um, excuse me, Mr. Udor, but I call bullshit. Are you a licensed IP attorney? I am certain that you are not, or you would know better. You only need to demonstrate financial damages in the case of UNREGISTERED images. For images already registered at the time the infringement occurs, the court will determine the damages independently. While you are free to present proof of damage, it is not required. May 19 15 06:31 pm Link MMR Digital wrote: I have had my work pirated many times. May 19 15 06:40 pm Link Michael DBA Expressions wrote: Thank you for your condescending contribution, Michael! May 19 15 06:41 pm Link Udor, consider the incident as 'battlescars'. Funny that the profile disappeared so quickly. Imitation is the second sincerest form of flattery. Thievery the first. May 19 15 06:44 pm Link SAND DIAL wrote: Yeah... that profile disappeared within minutes... and I am not kidding... after I have posted this thread on MM! May 19 15 06:57 pm Link udor wrote: You haven't really made it yet though - anyone can take your stuff electronically, one of my framed photos was stolen from a gallery wall. May 19 15 07:10 pm Link SayCheeZ! wrote: Gots to love the irony. May 19 15 07:53 pm Link And why only thumbnails, since <right click> allows me to copy full size? He was either watching to see if you posted about this, or watching all your posts. From inside or outside MM. Seems a bit much that within minutes they pulled their account. Unless you are NSA, CIA or Monsanto, FB will never tell. FB is very careful to protect the guilty. May 19 15 08:07 pm Link Herman Surkis wrote: Yeah, I think the reason he put up only the thumbnails is that the copyright stamp is hard to decipher. May 20 15 07:43 am Link udor wrote: Good taste? May 20 15 04:24 pm Link The "why" is still an open question. As noted - this thread was apparently watched from the start. Justice Department reaches $134G settlement with New York woman for impersonating her on Facebook http://www.nydailynews.com/news/politic … -1.2085895 http://www.dailymail.co.uk/news/article … ebook.html http://gizmodo.com/doj-will-pay-134k-fo … 1680743269 http://mic.com/articles/100730/the-fbi- … -your-name Feds Using Fake Online Profiles To Spy On Suspects http://www.huffingtonpost.com/2010/03/1 … 00776.html Cops Are Creating Totally Bogus Facebook Profiles Just So They Can Arrest People http://www.businessinsider.com/police-m … le-2013-10 "More than 80% of the responding officials said social media was a valuable tool for crime-fighting and that "creating personas or profiles on social media outlets for use in law enforcement activities is ethical."" FBI using Facebook in fight against crime http://www.theguardian.com/world/2010/m … rime-study May 21 15 05:09 pm Link udor wrote: There's not excuse for this. I hope you find out who the person is and they apologize. May 24 15 05:03 pm Link udor wrote: Did this model manager have any other contact info for the guy? Email, phone, etc? May 25 15 01:03 am Link Mortonovich wrote: No, he was in contact via the FB profile and messaging... when the profile got deleted, he had no way to contact the guy again. May 28 15 11:38 am Link Next time "Don't fire until you see the whites of their eyes" https://chrome.google.com/webstore/deta … ofeghokjcb a little background on what it does and how it works. http://www.theguardian.com/technology/2 … -messenger May 28 15 12:27 pm Link Herman Surkis wrote: May 28 15 01:36 pm Link John Horwitz wrote: Happened to me in 2 different galleries. May 28 15 01:53 pm Link |