Photographer
Photographic Adventures
Posts: 326
Pittsburgh, Pennsylvania, US
There's a "Request Deletion" link on the bottom right. I'd click the link and ask them to remove the photo as you are the rightful owner. That might be all it will take.
Photographer
Kjos Photography
Posts: 164
Myrtle Beach, South Carolina, US
Assuming they didn't ask you - I'd be pretty upset. I'd request removal too.
Photographer
Renato Alberto
Posts: 1052
San Francisco, California, US
HJM Photography wrote:
What would be you reaction to someone doing this:
http://imgur.com/gallery/MyJprhj
With your original image which looked like this:
http://www.flickr.com/photos/herosjourn … 624459973/
The 45surf symbol on the surfboard is a trademark.
How would you react? Most likely not too happy. That has happened to me a couple of times, I requested removal of the photo. In one of the cases, they did it right the way, the other time they never responded to the request, I then contacted the site hosting company, the whole site was taken down until photo was removed.
Photographer
Erlinda
Posts: 7286
London, England, United Kingdom
Fucking asking to remove the photo.... Take a screen shot and sue them for using your photo to promote the website.
P.s I'd be pissed if that was my photo
Photographer
FullMetalPhotographer
Posts: 2797
Fresno, California, US
HJM Photography wrote:
What would be you reaction to someone doing this:
http://imgur.com/gallery/MyJprhj
With your original image which looked like this:
http://www.flickr.com/photos/herosjourn … 624459973/
The 45surf symbol on the surfboard is a trademark.
How would you react? I would not waste time with a take done notice I would go Scott Bourne on them and send out the Lawyers. I would be as vengeful as possible and take several pounds of their flesh and cash. If possible legally destroy them as an entity.
Photographer
P O T T S
Posts: 5471
Lake City, Florida, US
Photographer
BCADULTART
Posts: 2151
Boston, Massachusetts, US
fullmetalphotographer wrote:
I would not waste time with a take done notice I would go Scott Bourne on them and send out the Lawyers. I would be as vengeful as possible and take several pounds of their flesh and cash. If possible legally destroy them as an entity. +1 BTDT
Photographer
Billy G Photography
Posts: 422
Cape May, New Jersey, US
fullmetalphotographer wrote:
I would not waste time with a take done notice I would go Scott Bourne on them and send out the Lawyers. I would be as vengeful as possible and take several pounds of their flesh and cash. If possible legally destroy them as an entity. Agreed! I would do the take down notice plus the legal attack..
Photographer
Photos by Lorrin
Posts: 7026
Eugene, Oregon, US
American Apparel has a ad on their page
Send a e mail to American Apparel asking if they support thieves.
Hit them where the money is
Photographer
FlirtynFun Photography
Posts: 13926
Houston, Texas, US
1. this site seems like someone's blog...not a company...certainly not a company with real money. 2. based on the above, I'd do a DMCA. 3. The only time I get a lawyer involved, is when the infringement will make me money. Trying to lawyer up and sue every yahoo who decides to lift an image of mine and post it on their FB page or blog would have me broke in weeks. Here's some info about the site: http://en.wikipedia.org/wiki/Imgur
Photographer
Michael Lohr
Posts: 510
Los Angeles, California, US
HJM Photography wrote:
What would be you reaction to someone doing this:
http://imgur.com/gallery/MyJprhj
With your original image which looked like this:
http://www.flickr.com/photos/herosjourn … 624459973/
The 45surf symbol on the surfboard is a trademark.
How would you react? Edited. (I didn't notice this was only for a photo-sharing site, I was under the impression a Commercial Co. stole his pictures to help sell their product.) The below would not apply in this situation.
1. Make sure to properly copyright this picture with the Copyright office. This will allow you to sue for damages in addition to the fees you would of charged.
2. Send them an Invoice for the rate you would of charged them. Be sure to include the fee for the model and all other incidental expenses. Include a polite Cover letter
3. If they do not respond or deny your invoice. Send them another Invoice. Write another cover letter this time outlining how much it will cost them if they will have to pay for copyright infringement on top of photography fees.
Explain to them how it will cost them less to settle now instead of paying attorney fees to defend themselves. Be open to negotiations.
4. If that doesn't work. Get a lawyer who takes on copyright cases.
Photographer
T Smalls Photography
Posts: 143
Bakersfield, California, US
Pretty sure that's user created content. So someone saw your image and altered it. Just request deletion. Imgur is similar to tinypic, imageshack, and photobucket. It's an image hosting site with a hint of social networking. I doubt the site itself actually created this .
Photographer
Moon Pix Photography
Posts: 3907
Syracuse, New York, US
Sue (if even possible). Threaten at least.. see what you can get.
Photographer
FlirtynFun Photography
Posts: 13926
Houston, Texas, US
T Smalls Photography wrote:
Pretty sure that's user created content. So someone saw your image and altered it. Just request deletion. Imgur is similar to tinypic, imageshack, and photobucket. It's an image hosting site with a hint of social networking. I doubt the site itself actually created this . exactly...this would be like trying to sue Facebook because John Smith loaded one of your images onto his Facebook page.
Thinking many in this thread have never hired a lawyer.
Photographer
T Smalls Photography
Posts: 143
Bakersfield, California, US
Hey, at least they left the logo in the corner. I'd contact the guy who made it and ask him to post the original, too. More people seeing your work is rarely a bad thing.
Photographer
T Smalls Photography
Posts: 143
Bakersfield, California, US
Michael Lohr wrote:
1. Make sure to properly copyright this picture with the Copyright office. This will allow you to sue for damages in addition to the fees you would of charged.
2. Send them an Invoice for the rate you would of charged them. Be sure to include the fee for the model and all other incidental expenses. Include a polite Cover letter
3. If they do not respond or deny your invoice. Send them another Invoice. Write another cover letter this time outlining how much it will cost them if they will have to pay for copyright infringement on top of photography fees.
Explain to them how it will cost them less to settle now instead of paying attorney fees to defend themselves. Be open to negotiations.
4. If that doesn't work. Get a lawyer who takes on copyright cases. Wow.
Photographer
American Glamour
Posts: 38813
Detroit, Michigan, US
![https://www.jayleavitt.com/links/guide_forum_llama.gif]() Michael Lohr wrote:
1. Make sure to properly copyright this picture with the Copyright office. This will allow you to sue for damages in addition to the fees you would of charged.
2. Send them an Invoice for the rate you would of charged them. Be sure to include the fee for the model and all other incidental expenses. Include a polite Cover letter
3. If they do not respond or deny your invoice. Send them another Invoice. Write another cover letter this time outlining how much it will cost them if they will have to pay for copyright infringement on top of photography fees.
Explain to them how it will cost them less to settle now instead of paying attorney fees to defend themselves. Be open to negotiations.
4. If that doesn't work. Get a lawyer who takes on copyright cases. I think you mean "register" the image. The image was automatically copyrighted the moment he pressed the shutter. The problem is that it may already be too late to register it. The rule is that, to be eligible for statutory damages, you need to register within 90-days of publication or prior to infringement. That is where it gets complicated. If an image is unpublished, then you must register prior to infringement. If an unpublished image is infringed prior to registration, you are unable to collect statutory damages or attorneys' fees.
The other problem is, that, with respect to the copyright statute, posting an image on the Internet, may constitute publication, but it also may not. There are a strict set of criteria that must be met for publication to have occurred. It is entirely possible to post an image on the Internet, yet not be published as defined by the statute.
The point is, if he posted the image to the Internet more than 90-days ago, it is clearly too late to register and obtain statutory damages and attorneys' fees. If it was posted in a manner which did not constitute publication, it is also too late to register and get the statutory damages.
He can, however, submit a DMCA takedown notice, which will probably get the image removed. That won't get him money, but it will give him some satisfaction.
There is a good article on the reasons why you should register before infringement. CLICK HERE to go to the topic on "The Copyright Zone." Ed Greenberg and Ed Reznicki are two of the absolute, best authorities on copyright matters. Ed is a nationally known attorney on the subject.
Heck, just check out their site. There is a lot of great material there.
Photographer
Michael Lohr
Posts: 510
Los Angeles, California, US
T Smalls Photography wrote:
Hey, at least they left the logo in the corner. I'd contact the guy who made it and ask him to post the original, too. More people seeing your work is rarely a bad thing. So you think giving away your work is a smart business practice.
OK..........
Commercial photographers that want to shoot more than weddings and models must learn to protect their work if they want to survive in business.
Photographer
T Smalls Photography
Posts: 143
Bakersfield, California, US
Michael Lohr wrote:
So you think giving away your work is a smart business practice.
OK..........
Commercial photographers that want to shoot more than weddings and models must learn to protect their work if they want to survive in business. He has 150,000 images posted on his Flickr.
Photographer
Michael Lohr
Posts: 510
Los Angeles, California, US
T Smalls Photography wrote:
He has 150,000 images posted on his Flickr. What is your point?
Photographer
T Smalls Photography
Posts: 143
Bakersfield, California, US
Michael Lohr wrote:
What is your point? My point is that he posted it on Flickr and then tagged the holy hell out it. Presumably this was done to get more people to see it, and there's nothing wrong with that. If he was interested in holding it close and having no one see it, then he would have kept it in his hard drive. I don't think anyone shuld should give away their work, unless they so choose.
But I also think that there's an opportunity for more people to see his original work. So he may want to explore that.
What I don't think he should does get spun up and get a lawyer. Because a good one would tell him it's an endeavor not worth the time or money, and a bad one wouldn't.
If he really wants the image gone, then he should request deletion and move on.
Photographer
Michael Lohr
Posts: 510
Los Angeles, California, US
T Smalls Photography wrote:
My point is that he posted it on Flickr and then tagged the holy hell out it. Presumably this was done to get more people to see it, and there's nothing wrong with that. If he was interested in holding it close and having no one see it, then he would have kept it in his hard drive. I don't think anyone shuld should give away their work, unless they so choose.
But I also think that there's an opportunity for more people to see his original work. So he may want to explore that.
What I don't think he should does get spun up and get a lawyer. Because a good one would tell him it's an endeavor not worth the time or money, and a bad one wouldn't.
If he really wants the image gone, then he should request deletion and move on. Well I misread the image posted. I thought a Company had used it for commercial purposes. Seeing that this is only a photo sharing site I retract my previous statements. I agree with you.
Photographer
Leanne Gelish
Posts: 5
Huntington, New York, US
HJM Photography wrote:
What would be you reaction to someone doing this:
http://imgur.com/gallery/MyJprhj
With your original image which looked like this:
http://www.flickr.com/photos/herosjourn … 624459973/
The 45surf symbol on the surfboard is a trademark.
How would you react? This happened to me over the summer with a number of concert shots. It was a nightmare; and, since I am new to photography, it irritated me beyond belief because these were my first "real shots". After a while, I realized that you can watermark it, copyright protect it, everything; but, in this information age, people won't be stopped. I would report it, and take it as a compliment; after all, imitation is the highest form of flattery, right?
Photographer
BOYWITHCAMERA
Posts: 1865
Los Angeles, California, US
It's your payday. Collect by calling a lawyer.
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