What do you do when you find your photo's on some ones web site.

I was wondering what do you do when you find your photos on Some ones web site ?

and I'm not talking just some kids who made a web site to show offf there bike riding and I had a Picture of them or they thoughtit was cool ( I have found 1 or 2 of them and I just ask that they gove me full credit which they did )

I mean a Comercial site. I did a 24 Hr race at a Campground, and posted a Bunch of Pics up on line ( ridemonkey.com ) last Fall, about a month ago I went to the camp sites website and there was a Picture I took of my Family around a Campfire on there Front page.

what is the proper procedure ?

I can't see anything like terms and conditions in plain sight.
But if you posted in their forums, and they used your image on their front page, it is probably covered in their Ts & Cs ... if I could find them.

If you posted them on RideMonkey and they were on the Campground home page, that's different.

I agree with Paul

I'd sue their pants off and then go out and buy the best and the latest photo equipment. :D

You can always contact the entity that used your photo and ask that it be removed from the web site and that they not use your images again.

They may choose to ignore you ... or tell you where to go ... but most reputable web sites will delete your pics immediately.

Just a thought.

First, before you identify yourself, ask them when they put it up. That way you know how long they've been infringing. From there it's your call. If you don't mind, ask them to pay you for the use and give you credit. If they're not up for that, tell them to take it down. If they won't do either of those, take them to court, already armed with the number of days they've been infringing.

And then they wonder why we want to splash our names all over the middle of OUR photographs? :mad2:

I feel your pain.

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Originally Posted by splats

I was wondering what do you do when you find your photos on Some ones web site ?

and I'm not talking just some kids who made a web site to show offf there bike riding and I had a Picture of them or they thoughtit was cool ( I have found 1 or 2 of them and I just ask that they gove me full credit which they did )

I mean a Comercial site. I did a 24 Hr race at a Campground, and posted a Bunch of Pics up on line ( ridemonkey.com ) last Fall, about a month ago I went to the camp sites website and there was a Picture I took of my Family around a Campfire on there Front page.

what is the proper procedure ?

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#1: as mentioned find out how long it's been up. You can do this by asking them (but they will/should figure out the reason your asking) or go around them and have their service provider for a printout of that directory which will have the date when the file was added.

#2: since they ARE using it as advertising for their campground you may possibly be entitled to compensation... BUT! you may not because the event you shot was on their property, HOWEVER, you and your family sitting around a fire had nothing to do with the event!

#3: figure out what the value is of the photo as it is being used to advertise their campground.

#4: send them a registered letter requesting payment, if they refuse the letter or refusae to pay you'll have evidence for court. Hopefully they will pay you, if not.....

#5: time for small claims court - a royal PIA though, it can be time consuming and expensive, figure that in your damages, each states laws are different so check out your choices. Most court houses have pamphlets to help you out though.

Been there done that, and in fact filling another one next month.

JS

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Originally Posted by SmartWombat

If you posted them on RideMonkey and they were on the Campground home page, that's different.

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That is what I did, And I sent an Email to them telling them that that is my photo and they did not get permission to use it , will see what they come back with .

It really depends on context for me...

When I post something in a forum, then I would have to assume there is the possibility it may end up someplace, like it or not...

On the other hand, I found a website that had stolen pictures off of my company website and was using my pictures to sell his product....This vexed me and after I called down there, they hung up on me....I had my Attorney write him a letter and the pictures were off the next day...But the letter cost me $150.00 bucks...+ delivery cost..

Now there are many photographers here that make money or a living selling ''their'' images...Often, I see these incredible photos in the critique section and perhaps someone is posting them in the hopes of receiving some great advice that will add value to the image...Now to have spent all this time, energy, work on an image to have someone steal it is something a low life would do....

Learn to take your ''own'' images you scoundrels....

There was a fellow in the Pentax forum I frequent that tried to pass of a Macro of a fly in a photo contest...I saw the image and said, ''wow'', why bother entering something...It was breathtaking to say the least....Turns out he stole it from a German Pro who makes his living selling these macro photos...and we have this plagiarist trying to take credit for something that was not his...Well, the thread quickly grew to some 6 pages at last count and the poor ole fellow has been taken an online beat down and deservedly so...

OK, Of my soap box...sorry for the rant...

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Originally Posted by JSPhoto

#1: as mentioned find out how long it's been up. You can do this by asking them (but they will/should figure out the reason your asking) or go around them and have their service provider for a printout of that directory which will have the date when the file was added.

#2: since they ARE using it as advertising for their campground you may possibly be entitled to compensation... BUT! you may not because the event you shot was on their property, HOWEVER, you and your family sitting around a fire had nothing to do with the event!

#3: figure out what the value is of the photo as it is being used to advertise their campground.

#4: send them a registered letter requesting payment, if they refuse the letter or refusae to pay you'll have evidence for court. Hopefully they will pay you, if not.....

#5: time for small claims court - a royal PIA though, it can be time consuming and expensive, figure that in your damages, each states laws are different so check out your choices. Most court houses have pamphlets to help you out though.

Been there done that, and in fact filling another one next month.

JS

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Would agree with JS but take a screen shot of it on the campground website so if need be you can prove it was up there.

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Originally Posted by agtaylor

Would agree with JS but take a screen shot of it on the campground website so if need be you can prove it was up there.

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Thanks, I meant to put that in there but it slipped by as I was really tired, I thought of it.... then forgot to type it!

JS

Just remember the copyright law states a fine of $10,000 per copy. And it doesn't mater that they took it off the web site. But that is more an any small claim court limits.

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Originally Posted by agtaylor

Would agree with JS but take a screen shot of it on the campground website so if need be you can prove it was up there.

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I should have done that. because while they have not responded to my email about said picture , it is gone from there website.

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Originally Posted by freygr

Just remember the copyright law states a fine of $10,000 per copy. And it doesn't mater that they took it off the web site. But that is more an any small claim court limits.

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Unfortunately, that is not true, otherwise copyright law practice would be the most lucrative job in the world; one major newspaper or magazine violation would be worth a billion dollars! Now, it may be possible that your state has a different fine than the Federal statute, but I will guarantee it doesn't start at $10,000 per copy.

The Copyright Act Sec. 504 "Remedies for infringement: Damages and profits" states that you may take EITHER actual damages plus profits of the infringer, OR statutory damages. Statutory damages apply to ALL infringements in the action (not per copy), and may range, at the court's discretion, from $750 to $30,000.

Also, court costs and attorney's fees are permitted under the Copyright statute, but I would consult a lawyer for how your local courts like to handle that.