Author Topic: what??? What should I do? (Read 14011 times)

vikavalter · « **on:** May 17, 2008, 09:10 »

I found one of my pictures used on other photographers portfolio online
http://www.photoarte.co.uk/porgallery.php?page=08
Just to make it funnier, I'm the model on it aswell, and I'm pretty sure I took it myslef at my place
how should I approach him and how much should I ask for using it under wrong name?

cshack · « **Reply #1 on:** May 17, 2008, 09:28 »

I would sure contact him and demand that he remove it for starters. I'm not sure legal action would get you anything but it may be worth a try. This happened to me about a year ago. I sent the photog a email and the image was removed that day. Strangely enough he also removed about 10 others as well. I guess I wasn't the only one he stole from. I think a lot of wannabe photogs do this in the beginning with web sites. I was flattered to see that he thought my work was good enough to represent him but I still say it's wrong and illegal.

vikavalter · « **Reply #2 on:** May 17, 2008, 09:33 »

Im thinking on sending invoice, I'm pretty sure I can find his post address if try hard.

vikavalter · « **Reply #3 on:** May 17, 2008, 09:36 »

for f*ck's sake

"You can also see and purchase a selection of our work on Saturdays and
Sundays at our stall in the Northcote Road market, London SW11, nearest BR Clapham Junction, nearest tube Clapham South. The stall is between Bennerley and Mallinson Road by The Lola Spanish restaurant.

See you there."

from here http://www.photoarte.co.uk/contact.php

well there is a billing address aswell!

ZymmMan · « **Reply #4 on:** May 17, 2008, 09:55 »

well, these french guys used it without even paying for it http://lassiette.blog.lemonde.fr/category/livres/.

vikavalter · « **Reply #5 on:** May 17, 2008, 10:06 »

Quote from: ZymmMan on May 17, 2008, 09:55

well, these french guys used it without even paying for it http://lassiette.blog.lemonde.fr/category/livres/.

yeps I lefta comment there too.
Playing with TinEYE?

anonymous · « **Reply #6 on:** May 17, 2008, 10:06 »

Quote from: ZymmMan on May 17, 2008, 09:55

well, these french guys used it without even paying for it http://lassiette.blog.lemonde.fr/category/livres/.

...sorry Zymm, can't read french.

Vika, keep us posted. I just sent him an email "...are you ready to face the legal system for using other photographer's works?"
I'll keep you posted if he responds.

Contakt · « **Reply #7 on:** May 17, 2008, 10:20 »

And this immoral thief has also ripped off Andres as well...

Gregor909 · « **Reply #8 on:** May 17, 2008, 10:58 »

This site pops up pretty high in google;
http://www.hitched.co.uk/weddingsuppliers_Details:Category-Photographers_LONDON_33_4371_1#
So I would say lets write a nice review on this company.

A photographer who can't make his own photo's. Wat a miserable piece of sh!t!

jorgeinthewater · « **Reply #9 on:** May 17, 2008, 11:30 »

He has some of Yuri's stuff also!!http://www.photoarte.co.uk/eapgallery.php?page=05
What a bottom feeder this guy is. Hang Him High I say.

PellixQL · « **Reply #10 on:** May 17, 2008, 12:32 »

He has an image from someone on iStock named lisegagne too.
newbielink:http://www.istockphoto.com/file_closeup/gender/male/men/2687761_butler_serving_dinner.php?id=2687761 [nonactive]
newbielink:http://www.photoarte.co.uk/comgallery.php?page=06 [nonactive]

Please forgive the newbie question, but does this happen very often. I'm considering selling some of my work for the first time and don't know the ropes yet.

jsnover · « **Reply #11 on:** May 17, 2008, 12:33 »

I sent this guy some e-mail saying he needed to take down those stock photos he didn't shoot - did he think that stock photographers didn't know about the internet. We'll see what he does.

I guess I can only assume he isn't a very good photographer - why else would someone litter his site with photos he didn't take advertising what a great photographer he is?

Edited to add that I sent Lise a site mail asking her to contact this scuzzbucket to try and shame him into taking these down.

lisafx · « **Reply #12 on:** May 17, 2008, 12:40 »

ETA: I just did see where he claims to have taken the images in his "commercial gallery". He did violate the terms of the agreement. How nice he did it to istock's top exclusive. I am sure they will be happy to pursue this.....
---------------------------------------------------------------------------------------
Not trying to play Devil's advocate, but this issue came up a year or so ago on one of the stock sites and in that case the "photographer" was using purchased stock images to decorate his website and that was considered legal usage.

Yes, that implied he took the images and he hadn't (one of them was mine) but if he had not not EXPLICITLY said he took those particular (stock) images, it would have been considered legal use of a downloaded image. According to the licensing terms it was like anyone else using a stock image to decorate their website.

Where he crossed the line is in the Commercial Gallery where he states those stock images are examples of his work. Very bad.....

JoAnn hit the nail on the head when she states he must not be a very good photographer. Check out his portrait gallery of recent sessions. I doubt many of them would pass muster on the stock agencies....

jsnover · « **Reply #13 on:** May 17, 2008, 12:45 »

Lisa,

I am sure it is within the terms of the license he purchased, but I would hope that public shaming might encourage him to do the right thing. I don't think the stock sites will do anything for the reasons you stated.

I know the UK has some rather nasty libel laws (the person accused of libel has to prove that what they said was true, rather than the complainant having to prove it's false) so we should tread carefully in posting on any public sites (i.e. don't say the guy's a filthy liar, but one could point out the origin of all those photos that we know to be stock).

stokfoto · « **Reply #14 on:** May 17, 2008, 12:55 »

may be micro stock sites should make accreditation compulsory in their terms and condition so that people couldn't get away with such misuse of our images.have you seen any images bought from Getty used without a credit line?why shouldn't micros implement that as a rule as well?

lisafx · « **Reply #15 on:** May 17, 2008, 13:06 »

Quote from: jsnover on May 17, 2008, 12:45

Lisa,

I am sure it is within the terms of the license he purchased, but I would hope that public shaming might encourage him to do the right thing. I don't think the stock sites will do anything for the reasons you stated.

I know the UK has some rather nasty libel laws (the person accused of libel has to prove that what they said was true, rather than the complainant having to prove it's false) so we should tread carefully in posting on any public sites (i.e. don't say the guy's a filthy liar, but one could point out the origin of all those photos that we know to be stock).

Good warning to note about the libel laws.

I do think istock has a case against the guy for claiming he took the images in his commercial gallery.

Frankly though, all he would have to do is change the wording to "here are examples similar to our work" or something like that and be back on the right side of the usage agreement.

Jimi King · « **Reply #16 on:** May 17, 2008, 13:51 »

Well he's very kindly provided his phone number. If you replace the "020" with "0044 20" you can dial it from anywhere in the world.

vikavalter · « **Reply #17 on:** May 17, 2008, 14:01 »

I mailed him the following
"hey,
I'm the model from one of the pictures on your site (http://www.photoarte.co.uk/site_images/art.jpg ), I haven't being paid yet for my modelling services and I was wondering if I can send the billing to the photographer's address stated on your site.
thank you very much in advanced, hoping to hear from you soon,
regards,
Victoria "

lets see how he deals with his unpaid modeling services.

RT · « **Reply #18 on:** May 17, 2008, 14:10 »

He has a great imagination when it comes to his client list as well!!

ZymmMan · « **Reply #19 on:** May 17, 2008, 14:22 »

vikavalter,

You do not need to be french to see that this website owned by Le Monde, one of the biggest Newspaper in France ( like the NY Times in the USA) has used your image by just screengrabbing it ( is that a word ?) from the Shutterstock website with the logo on it. and no, it is not an article on Shutterstock but in eating healthy.

Yes, indeed playing with TinEye. A great and easy tool to find internet usage quickly.

best

vikavalter · « **Reply #20 on:** May 17, 2008, 14:40 »

ok got a reply, taht teh images will be removed this evening,

my answer:
great to hear, you should really get busy shooting your own stuff. I can't afford to shoot 8 hrs a day and have work for others, but I still manage to have my own portfolio.
best wishes,
Vika

about french newspaper, I posted a following coment:" hey, I can offer you my lettuce picture watermark free for a very low fee! don’t hesitate to ask.
kind regards, the photographer"

maybe I should mail them aswell

DiscreetDuck · « **Reply #21 on:** May 17, 2008, 14:46 »

Quote from: vikavalter on May 17, 2008, 10:06

Quote from: ZymmMan on May 17, 2008, 09:55
well, these french guys used it without even paying for it http://lassiette.blog.lemonde.fr/category/livres/.

yeps I lefta comment there too.
Playing with TinEYE?

Vikavakter, I'm french, there is a link "Alerter" at the bottom of the post, from where you can complain about illegal content.
It is asked to inform them about the title of the article, his date and his url.
"Le Monde" is one of the most famous french newspaper (if not the most).

Gregor909 · « **Reply #22 on:** May 17, 2008, 14:55 »

Quote from: vikavalter on May 17, 2008, 14:40

about french newspaper, I posted a following coment:" hey, I can offer you my lettuce picture watermark free for a very low fee! don’t hesitate to ask.
kind regards, the photographer"

maybe I should mail them aswell

Very good approach!
Instead of threatening the guy (what doesn't help in most cases anyway) he is now motivated to become one of our customers!
Good for him and good for us!
Well done Victoria!

anonymous · « **Reply #23 on:** May 17, 2008, 14:56 »

Quote from: anonymous on May 17, 2008, 10:06

Quote from: ZymmMan on May 17, 2008, 09:55
well, these french guys used it without even paying for it http://lassiette.blog.lemonde.fr/category/livres/.

...sorry Zymm, can't read french.

Vika, keep us posted. I just sent him an email "...are you ready to face the legal system for using other photographer's works?"
I'll keep you posted if he responds.

in response to the email i sent him:

Mark Anderson photographer to me
show details 1:39 PM (1 hour ago) Reply

They are being removed this evening

Seren · « **Reply #24 on:** May 17, 2008, 15:15 »

Yes, I got the same email after I sent him one!

Bateleur · « **Reply #25 on:** May 17, 2008, 15:25 »

He also sells from a street market in London ...

You can also see and purchase a selection of our work on Saturdays and Sundays at our stall in the Northcote Road market, London SW11, nearest BR Clapham Junction, nearest tube Clapham South. The stall is between Bennerley and Mallinson Road by The Lola Spanish restaurant.

Anybody live in the area? Check out what ripped-off stuff he's selling from his stall, too.

Maybe even go down there mob-handed and do him over

Just joking (or was I?)

PrecariousPosition · « **Reply #26 on:** May 17, 2008, 15:53 »

If he is selling other people photos as his own there must be legal action that can be taken on that front?

suwanneeredhead · « **Reply #27 on:** May 17, 2008, 16:19 »

Quote from: PrecariousPosition on May 17, 2008, 15:53

If he is selling other people photos as his own there must be legal action that can be taken on that front?

Oh now that is funny!

Do you honestly believe you will receive any damages by taking legal action against someone like that? The only time its worth doing is when you are being ripped off for a very substantial sum of money... what with the legal fees and costs, and the very real impossibility of collecting your damages!

I think Vika's approach is much better... just let them know you're watching them and know what they're doing, and it's likely that they will cease and desist without all that legal stuff.

Go TinEye!

Thanks for making my day with that funny comment!

PrecariousPosition · « **Reply #28 on:** May 17, 2008, 16:29 »

Do you watch the news? You can get money from anyone for anything. Someone just sued Volvo because they made the pedals to small for his feet in his new car.

But I was thinking criminal charges. Don't people who sell fraudulent paintings get thrown in jail?

suwanneeredhead · « **Reply #29 on:** May 17, 2008, 17:07 »

Yes theoretically people can get thrown in jail for selling fraudulent paintings... (IF they are caught)... but that's on a totally different scale than what we're talking about here... forging a painting is a much higher crime given the value of the painting... someone stealing digital files and representing them as their own, when the original artist cannot prove that this file is worth a lot of money, is just not worth going after!

You can be a pain in the ass and chase this person around forever, but to me its kind of a "choose your battles" situation... if you did not lose a whole boatload of money over the deal, then its not worth pursuing unless you have a bottomless financial supply and a very healthy sense of revenge!

Reality check!

bittersweet · « **Reply #30 on:** May 17, 2008, 18:07 »

As Lisa mentioned, there was an incident similar to this at istock. A photographer was using istock images on his website. He did not state that he took them, but obviously it was implied because they were photographs on a photographer's website. They were on the front page of the site, much like the example you've posted here. Because they did not expressly claim that they were their own, but only used them to design a website (perfectly allowable usage under a royalty-free license), they were NOT in violation of the TOS. An admin came right out and stated as much--that while it was arguably misleading, there was no clear violation.

In this instance, the person is using your photo on an entry page. Directly below the images, there is a text link that reads "recent photo shoots", implying that the thumbnails above are what you will see if you click that link. However, when you go to these gallery pages, they are his own work (presumably). I would not call the gallery pages those with the links, but those pages to which the links lead. (Granted I did not explore the entire web site so maybe there is another more blatant declaration).

Lukasphoto · « **Reply #31 on:** May 17, 2008, 18:17 »

On this page: http://www.photoarte.co.uk/bookimages.php?page=02

he writes:

We can help you realise your commercial photography requirements
Here are some examples of our work

He obviously claims these photos as his own work.

rjmiz · « **Reply #32 on:** May 17, 2008, 18:37 »

"hey,
I'm the model from one of the pictures on your site (http://www.photoarte.co.uk/site_images/art.jpg ), I haven't being paid yet for my modelling services and I was wondering if I can send the billing to the photographer's address stated on your site.
thank you very much in advanced, hoping to hear from you soon,
regards,
Victoria "

Dear Victoria,
You are a lovely model. You should receive my check in the mail sometime in the future for modeling services, after I receive your bill.
I hope is all is well with you. Please be patient while waiting for your payment, as I am in a financial bind right now. However payment
will be forthcoming I assure you.
Sincerly yours,

Ima Liar

rinderart · « **Reply #33 on:** May 17, 2008, 19:54 »

I sent the guy a nice little rinder style letter.

rjmiz · « **Reply #34 on:** May 17, 2008, 22:35 »

A certain Person's Style letter

Dear Mr. PhotoThief,
I am appalled at your blatant lack of respect in your selection of my photographer friend Victoria's snapshots.
Have you no sense of fairness, or or even a good eye when it comes to choosing good quality photographs?
You demonstrate your lack of education, knowledge, and ability, as a photographer.

Sir you obviously don't know who I am! I am a PROFESSIONAL photographer, who has graduated from a million
different schools, have a bazillion certifications, write for newspapers, magazines, and was a consultant to Ansel Adams.
I also teach and take people on seminarial group picnic tours throughout the region, wandering aimlessly looking for objects
to shoot.

In your selection of stealing photos from Victoria portfolio over mine, you demonstrate inability to recognize my greatness.
Perhaps you are not as adept at this profession as I am. You need to educate yourself, and learn to recognize the quality of my work.

suwanneeredhead · « **Reply #35 on:** May 17, 2008, 22:38 »

OMG Miz that is over the top. You are always good for a laugh.

Susan S. · « **Reply #36 on:** May 17, 2008, 23:59 »

He must have quite a team there. His "examples of out commercial photography work" include one of istock's most popular best four downloads (the one with the woman with laptop hands raised), rzdeb's chairs (which look like a 3D render to me). The shopping trolley in a car is a 3D render done by Mark Evans who is an istock admin...

vikavalter · « **Reply #37 on:** May 18, 2008, 01:18 »

ok, finnish evening and british evening are over now for already more than 10 hrs, my mug is still there! I really don't want to belive that that person lied to me

leaf · « **Reply #38 on:** May 18, 2008, 04:08 »

It seems like they have taken the appropriate action now.

Contakt · « **Reply #39 on:** May 18, 2008, 04:50 »

Quote from: vikavalter on May 18, 2008, 01:18

ok, finnish evening and british evening are over now for already more than 10 hrs, my mug is still there! I really don't want to belive that that person lied to me

Unfortunately your photo is still sitting on the server. All this neanderthal did was delete the index.html page after you lot nuked him with emails.

Talk about solidarity with one of our own at its best.

Anywhooo, I've gone one further than that, I've got a UK journalist picking up on this story and if the little creep is passing off stuff as his own down the local market, she'll find him.

Right now this thieving little wretch is about as comfortable as a lame Turkey sat on a packet of paxo listening to Christmas carols.

vikavalter · « **Reply #40 on:** May 18, 2008, 05:09 »

Quote from: Contakt on May 18, 2008, 04:50

Quote from: vikavalter on May 18, 2008, 01:18
ok, finnish evening and british evening are over now for already more than 10 hrs, my mug is still there! I really don't want to belive that that person lied to me

Unfortunately your photo is still sitting on the server. All this neanderthal did was delete the index.html page after you lot nuked him with emails.

Talk about solidarity with one of our own at its best.

Anywhooo, I've gone one further than that, I've got a UK journalist picking up on this story and if the little creep is passing off stuff as his own down the local market, she'll find him.

Right now this thieving little wretch is about as comfortable as a lame Turkey sat on a packet of paxo listening to Christmas carols.

sweet.
Now I wonder why he used exactly that image to represent his photographer's skills, the lighting isn't a brainer, the composition is simple, it's a good concept shot but even I don't show it in my portfolio. I shot it with a ceiling bouced flash.

runamock · « **Reply #41 on:** May 18, 2008, 06:10 »

Unrelated, but I have just seen several of your self-portraits showcased in a UK monthly photo magazine. All legitimate, but they may confuse some of the culprits ‘clients’

vikavalter · « **Reply #42 on:** May 18, 2008, 06:15 »

Quote from: Runamock on May 18, 2008, 06:10

Unrelated, but I have just seen several of your self-portraits showcased in a UK monthly photo magazine. All legitimate, but they may confuse some of the culprits ‘clients’

you mean that they will go get images straight from my site? well that's the risk of having images on internet I guess.

runamock · « **Reply #43 on:** May 18, 2008, 06:26 »

No, I mean if the clients of photoarte see that you are the author they may also ask questions of photoarte.

vikavalter · « **Reply #44 on:** May 18, 2008, 08:25 »

Quote from: Runamock on May 18, 2008, 06:26

No, I mean if the clients of photoarte see that you are the author they may also ask questions of photoarte.

i hope they do!!!!

cathyslife · « **Reply #45 on:** May 18, 2008, 13:26 »

Proper action must have been taken because I have clicked on every one of the links in this topic and I get a 404 error.

lobby · « **Reply #46 on:** May 18, 2008, 14:41 »

the site is down...

but if i was you i will be very happy,

you just find someone to pay for all the work you've done for microstock

I would be very happy to find someone stealing my work....

he he he ....

my lawyer would be happy too....

Go get him, as i see the name is (mr)

Mark Anderson

Bateleur · « **Reply #47 on:** May 18, 2008, 14:46 »

Quote from: Contakt on May 18, 2008, 04:50

Anywhooo, I've gone one further than that, I've got a UK journalist picking up on this story and if the little creep is passing off stuff as his own down the local market, she'll find him.

Great! The more we can make this b****d squirm the better.

Bateleur · « **Reply #48 on:** May 18, 2008, 15:08 »

I've just discovered, this guy has another site, too. The address is here (same telephone number as the previous one, so definitely the same guy).

http://www.photos4rent.co.uk/index.html

Check this one as well. He seems to rent out photographs here. How many of them are stolen, too.

ZymmMan · « **Reply #49 on:** May 18, 2008, 15:21 »

The image on the top left of photo4rent was taken from 123rf.com : http://www.123rf.com/photo_2461308.html

anyone knows the real owner ?

bittersweet · « **Reply #50 on:** May 18, 2008, 18:17 »

Jimi King · « **Reply #51 on:** May 18, 2008, 19:01 »

He certainly puts himself about. If you Google "Mark Anderson Photography" there are pages and pages of links and references.

There are some other photographers called mark Anderson too. One who takes some really good wildlife shots.

Seren · « **Reply #52 on:** May 19, 2008, 06:16 »

Quote from: ZymmMan on May 18, 2008, 15:21

The image on the top left of photo4rent was taken from 123rf.com : http://www.123rf.com/photo_2461308.html

anyone knows the real owner ?

He's allowed to do that with photographs bought from stock. That would be something along the lines of interior designing. He doesn't say anywhere that those pictures are his own.

anonymous · « **Reply #53 on:** May 19, 2008, 06:55 »

his reply , if no one else received it:
---------------------------------------------------------------------------------------------------
The site has been taken down.

Many of the images that were on the site were not mine and had been placed
there by an overenthusiastic web designer without my knowledge.

I can assure you, and others, that none of these images were used while the
site was up and when it does reappear again you are very welcome to look at
it carefully. The only images I sell are mine.

Apologies for this.

Regards,
Mark Anderson

Bateleur · « **Reply #54 on:** May 19, 2008, 06:59 »

Quote from: Seren on May 19, 2008, 06:16

He's allowed to do that with photographs bought from stock. That would be something along the lines of interior designing. He doesn't say anywhere that those pictures are his own.

Yes, he's allowed to have them on his web sites.

But he's not allowed to claim they are his own, and representative of his photography (which is what he did on the first site).

And on the second site he appears to be renting other peoples' images to companies, to decorate their walls with. Is he allowed to do that with stock?

Contakt · « **Reply #55 on:** May 19, 2008, 07:08 »

Quote from: anonymous on May 19, 2008, 06:55

his reply , if no one else received it:
---------------------------------------------------------------------------------------------------
The site has been taken down.

Many of the images that were on the site were not mine and had been placed
there by an overenthusiastic web designer without my knowledge.

I can assure you, and others, that none of these images were used while the
site was up and when it does reappear again you are very welcome to look at
it carefully. The only images I sell are mine.

Apologies for this.

Regards,
Mark Anderson

What a complete crock of shite that is! I don't believe a single word of it.

Over-enthusiastic thief more like it.

He would have us believe that he DID NOT proof read the wording of his own website claiming the images were part of his own portfolio?!?

First in his family born without a tail if you ask me and now that he's learned to walk upright it looks like he's just registered on here as well.

RT · « **Reply #56 on:** May 19, 2008, 07:09 »

Quote from: anonymous on May 19, 2008, 06:55

The site has been taken down.

Many of the images that were on the site were not mine and had been placed
there by an overenthusiastic web designer without my knowledge.

I can assure you, and others, that none of these images were used while the
site was up and when it does reappear again you are very welcome to look at
it carefully. The only images I sell are mine.

Apologies for this.

Regards,
Mark Anderson

Wow he must think everybody is thick if he wants us to believe this crap.!

Unless of course he is the thickest person in the world and allowed somebody to design a website for him and publish it on the net without even checking the content.

My gut feeling is that he's not only a low life thief, but he's also very bad at bullshitting.

rjmiz · « **Reply #57 on:** May 19, 2008, 09:04 »

"Unless of course he is the thickest person in the world"

Ahhhhh finally some one giving you a run for your money?

Cranky MIZ

ljupco · « **Reply #58 on:** May 19, 2008, 10:08 »

Just found one of my images on his other website. I'm writing him an email right now.

anonymous · « **Reply #59 on:** May 19, 2008, 11:36 »

Quote from: Contakt on May 19, 2008, 07:08

Quote from: anonymous on May 19, 2008, 06:55
his reply , if no one else received it:
---------------------------------------------------------------------------------------------------
The site has been taken down.

Many of the images that were on the site were not mine and had been placed
there by an overenthusiastic web designer without my knowledge.

I can assure you, and others, that none of these images were used while the
site was up and when it does reappear again you are very welcome to look at
it carefully. The only images I sell are mine.

Apologies for this.

Regards,
Mark Anderson

What a complete crock of shite that is! I don't believe a single word of it.

Over-enthusiastic thief more like it.

He would have us believe that he DID NOT proof read the wording of his own website claiming the images were part of his own portfolio?!?

First in his family born without a tail if you ask me and now that he's learned to walk upright it looks like he's just registered on here as well.