Breach of copyright

[RobSutton]

I was browsing the web tonight and came across a website Visit Uist which had a rather striking photograph of a beach as part of their title sequence:


Looking incredibly like a section out of this one of mine:


In fact there is no way that it could be anything else but my photograph.

The site concerned has not asked my permission to use the photograph and must have taken it from either this site or one called Panoramio. This is clearly not the fault of either of these sites and I don't, in any way whatsoever, hold anyone associated with this site to blame. It is clearly shoddy practice by the people who designed their site.

What I would like to know from those of you perhaps more professionally involved in photography is what I should do now. I presume I have the right to ask them to either remove it from their pages or with my agreement continue to use it with a credit to me as photographer posted, or could I ask them for compensation? Are there any regulatory bodies I could contact?

[NJP87]

Depending on how your feeling either tell them to take it down or send them an invoice

[charlieb]

Search google images for "North Uist" and your photo on WAB is on the first page - I would imagine that's how they got hold of it.

I think the first thing to do is ask them to either remove it or credit it (if your happy with just a "photo by" or ask for stock photo rates).

If you don't get a reply, then is the time to take further action. Of course contacting the website may not work as it was created by someone else - "Bramblejam Multimedia Solutions" and it's likely they were the ones to use your photo.

(This is all assuming you haven't unwittingly released your photo under other terms - what are the terms of use for images on Panoramio - I'm assuming it's a case of "ask the photographer for use" but you never know - have you got a link to your photo?)

[Lancashire Lad]

Hi Rob,

I suggest that if you are intending to pursue this, you should copy the offending web page in its entirety (by screen capture / print-screen) or whatever method you choose, so that you have a full record of their misdemeanor.

Otherwise, they might just amend the page leaving a your word against theirs scenario.

Regards,
Mike.

EDIT - I'm not putting this across well. I mean something with a date on if possible.
Or preferably "Save the entire Webpage" which retain all the associated files to allow off-line playback of the full page, along with the slideshow sequence that includes your photograph.

[pressld2]

Definitely agree with Mike - save a copy of it as evidence. Internet Explorer's "Save As" options include "Web archive, single file (*.mht)" and that's what I'd use.

Next as charlie says, check the terms on Panoramio to make sure it's not a "creative commons" type licence. Even if it is it may not allow commercial use.

Then contact the site owner.

My own personal viewpoint is that if the site that's "borrowed" my work is non-commercial then life's too short to get worked up about it and I'll probably just ignore it. I found one of my images (and those of several other WAB members) on a site offering "free desktop backgrounds" a few months back. I was slightly miffed because they'd up-sized the picture and hadn't done it very well. If they'd asked me I'd have happily provided a correctly sized image.

But a commercial site, which this looks like, is a whole different kettle of fish! This is advertising usage which commands the highest rates and they've also used the image in their masthead. I would send them an invoice for at least £500 and pursue through the small claims process if they don't pay. And I wouldn't back off if they replaced the photo either. They've already used it so they already owe you even if they stop using it in future.

Commercial organisations have to understand that just because they found an image on the web that doesn't automatically make it freely available.

Rant over.

And by the way Rob, it's your own fault for taking such wonderful shots that people want to steal them!

Dave P.

[GTH]

Originally Posted by pressld2

Definitely agree with Mike - save a copy of it as evidence. Internet Explorer's "Save As" options include "Web archive, single file (*.mht)" and that's what I'd use.

Next as charlie says, check the terms on Panoramio to make sure it's not a "creative commons" type licence. Even if it is it may not allow commercial use.

Then contact the site owner.

My own personal viewpoint is that if the site that's "borrowed" my work is non-commercial then life's too short to get worked up about it and I'll probably just ignore it. I found one of my images (and those of several other WAB members) on a site offering "free desktop backgrounds" a few months back. I was slightly miffed because they'd up-sized the picture and hadn't done it very well. If they'd asked me I'd have happily provided a correctly sized image.

But a commercial site, which this looks like, is a whole different kettle of fish! This is advertising usage which commands the highest rates and they've also used the image in their masthead. I would send them an invoice for at least £500 and pursue through the small claims process if they don't pay. And I wouldn't back off if they replaced the photo either. They've already used it so they already owe you even if they stop using it in future.

Commercial organisations have to understand that just because they found an image on the web that doesn't automatically make it freely available.

Rant over.

And by the way Rob, it's your own fault for taking such wonderful shots that people want to steal them!

Dave P.

I totally agree....and wish you luck......i certainly wouldn`t let them off the hook !!

Geoff

[alisonthompson]

I also agree with the above two posts. Taking and using your image without permission or payment is really no different to walking into a shop and taking something without paying for it.

Good luck.

Ali

[earthdragon64]

I've nothing to add to the advice already given about what to do regarding this particular photo, but maybe you should think about watermarking your images for the future.

I sell things on a well known auction website, and often found my photos used without my permission by others selling similar items, which were removed when I complained to the site. Since I started watermarking my photos using the copyright symbol, ©, and my company name, my photos aren't being used very often at all by others.

I think the copyright symbol just makes people realise they shouldn't use the photo, but if they do, at least they are advertising me and making it obvious they are photo thieves.

It's pretty easy to do, you can do it individually using Paint or similar software, there is also software available on the internet that allows you to do large batches at a time in seconds. I use Irfanview which is free to download and use for personal use, but as I'm using it for a commercial reason, I pay a fee or donation, I can't remember which now.

Cracking shot by the way, I can fully understand why the website would want to use it, but they should have approached you for permission.

[JeffH]

Hi Rob, you may find this link - P-05: Copyright Infringement - Information fact sheet
to the UK Copyright Service's page on copyright infringements useful. It sets out step by step what you should do in these circumstances.

Here's another useful page on enforcing copyright from the Intellectual Property Office's website -
http://www.ipo.gov.uk/types/copy/c-m.../c-enforce.htm

Good Luck

Jeff
(Schedule 1 Licence holder for Kingfishers, Barn Owls & Avocets)

[pressld2]

Originally Posted by earthdragon64

maybe you should think about watermarking your images for the future.

I've always been reluctant to go that route because if you don't want to spoil the image with a watermark it has to be either close to the edge or in an area of the picture away from the main subject. This means that it's very easy to remove by either cropping or cloning.

Having said that, if someone has removed a watermark from an image they can hardly claim that they didn't know it was copyright.

Dave P.