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Is it ok to post screen shots in my blog of companies that infringed my copyright?

Hell yeah, down with the criminals!
23 (71.9%)
That would awesome, but I think that's illegal.
4 (12.5%)
No, don't do that - it could be trouble for those companies and that's not fair.
5 (15.6%)

Total Members Voted: 29

Author Topic: Is it ok to expose copyright infringement cases on my blog?  (Read 17284 times)

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« on: May 17, 2010, 18:41 »
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Well, what do you think about this:

I keep seeing my best seller all over the internet being abused for things I never received the royalties for.

Do you think it's ok for me to post screen shots of companies using my image without a license on my blog to show everyone online (possibly their clients) their business ethics?

Of course I would only do so after the respective web hosting company has determined that the company in question has indeed violated their terms of services by not presenting a usage license (which I always demand even BEFORE contacting the web host!).

The last 3 times the company owners/admins didn't even bother to reply to my emails.  :-\


« Reply #1 on: May 17, 2010, 19:55 »
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Of course I would only do so after the respective web hosting company has determined that the company in question has indeed violated their terms of services by not presenting a usage license (which I always demand even BEFORE contacting the web host!).

A usage license?  A year ago I bought a license from BS and some others from 123RF for a website I designed.  But all I got were the images.  Never a License usage document.   I don't even remember if I ever received a receipt or something.  

« Reply #2 on: May 17, 2010, 20:21 »
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Well naturally the agency will let you download the image which is all you pretty much get, besides a receipt for your purchase of credits/a subscription.

Don't tell me there is no "paper trail" to confirm that a buyer actually registered, paid and downloaded the image.

That would be more than concerning...

« Reply #3 on: May 17, 2010, 21:09 »
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Well naturally the agency will let you download the image which is all you pretty much get, besides a receipt for your purchase of credits/a subscription.

Don't tell me there is no "paper trail" to confirm that a buyer actually registered, paid and downloaded the image.

That would be more than concerning...

There is a receipt but just for the credits you have bought (I found the one from BS).  Not a receipt for the license of an specific image.  And at the download history, it's only the thumbnails of images you have downloaded.   It would be a good idea if buyers could also get a license usage document for any specific image they have downloaded. 

« Reply #4 on: May 17, 2010, 21:23 »
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If a designer purchases an image presumably they can use it for any sites they design. The site owners won't have any evidence of legitimate use. (I'm not a designer so perhaps this is not how it works, but aren't most image licenses non-transferable, meaning a designer can't transfer the license to the customer?)

« Reply #5 on: May 17, 2010, 23:03 »
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It's my understanding that you have to buy a new license for each website if you would like to use the same image for more than one project.

I could be wrong though.

« Reply #6 on: May 17, 2010, 23:09 »
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Providing evidence of legitimate use is not always easy or possible.  So, accusing someone of using an image without  license is very complicated.  It's different when there is a specific infringement like an image bigger than 800x600 in a website, etc.

When I find one of my images being used in a website, I don't  contact the owner/administrator to confirm whether they have a license or not.  I feel it would be too annoying.  I just hope and trust they have bought the license.    I only contact if there is a specific infringement.

« Reply #7 on: May 17, 2010, 23:36 »
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It's my understanding that you have to buy a new license for each website if you would like to use the same image for more than one project.

I could be wrong though.

I think a designer can use one single license for more than one client.  I think that's what I read at DT and SS.  Maybe I am wrong.  

This would be why many website owners can't provide any evidence of legitimate use of an image.  
« Last Edit: May 17, 2010, 23:57 by Digital66 »

« Reply #8 on: May 18, 2010, 00:29 »
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Providing evidence of legitimate use is not always easy or possible.  So, accusing someone of using an image without  license is very complicated.  It's different when there is a specific infringement like an image bigger than 800x600 in a website, etc.

When I find one of my images being used in a website, I don't  contact the owner/administrator to confirm whether they have a license or not.  I feel it would be too annoying.  I just hope and trust they have bought the license.    I only contact if there is a specific infringement.

I think Digital66 is probably correct here - it is not easy to make a determination as to whether an image has been licensed from a micro site - and if you call a company out on your web site, and you are wrong, you may be opening yourself up to a libel suit.

Even Getty, with all of its resources, has gotten into trouble for this - they sent a threatening letter to a user saying they were violating Getty's copyright and in the end, after going to court, Getty was wrong - they had a perfectly legal license from a different source ... and Getty is now under investigation by several governments for using these "letters" ... so it can be very tricky indeed.

« Reply #9 on: May 18, 2010, 03:40 »
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It's my understanding that you have to buy a new license for each website if you would like to use the same image for more than one project.

I could be wrong though.

The license is Royalty Free and for perpetual use.

« Reply #10 on: May 18, 2010, 06:02 »
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I'm not asking for proof of a license for every picture I see the belongs to me.

I'm talking about bigger cases where companies are selling iPod skins with my picture on them or mousepads, posters, clothes or car decals.

Those mostly require an EL license. I think it's quite fair to knock on those people's doors to ask where they got my images.

« Reply #11 on: May 18, 2010, 06:23 »
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It's my understanding that you have to buy a new license for each website if you would like to use the same image for more than one project.

I could be wrong though.

Yeah, you're definitely wrong.

« Reply #12 on: May 18, 2010, 07:15 »
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It's my understanding that you have to buy a new license for each website if you would like to use the same image for more than one project.

I could be wrong though.

Yeah, you're definitely wrong.

Yep.  Maybe contributing photographers should take the time to read the usage agreement.

Although I can't speak for every site, when you down load an image from IS you get a receipt for the download.  A good practice is to print out the current usage agreement in force at the time of the license and staple it to the image, although I'll admit I don't always do this step.

I think if I was contacted by a photographer after licensing an image and proof was demanded I'd immediately contact the agency and file a complaint.  Who needs that hassle.  If you "exposed me" because I refused to give you proof, you'd be talking to my llawyer.  What if every RF photographer did this?  Obviously you have a problem with the RF model.
« Last Edit: May 18, 2010, 07:19 by fullvalue »

« Reply #13 on: May 18, 2010, 07:30 »
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...I think if I was contacted by a photographer after licensing an image and proof was demanded I'd immediately contact the agency and file a complaint.  Who needs that hassle.  If you "exposed me" because I refused to give you proof, you'd be talking to my llawyer.  What if every RF photographer did this?  Obviously you have a problem with the RF model.

Fullvalue, would you mind explaining this a little more? I seem to have a problem understanding what you are trying to say.

From what you wrote above I understand that you won't tell or show proof to any photographer that contacts you asking where you purchased the image?

So even though you are a paying image user you will not tell the copyright holder of the image that you chose to use, where you purchased the image?

Sorry for repeating myself, I just thought I might have misunderstood you there for a moment.

« Reply #14 on: May 18, 2010, 07:39 »
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Seems a pretty reasonable attitude to me. After all, if the manufacturer of any item I own demande proof that I had purchased it, and wanted to know where from, I'd consider contacting the police to lay harrassment charges.

« Reply #15 on: May 18, 2010, 08:11 »
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...I think if I was contacted by a photographer after licensing an image and proof was demanded I'd immediately contact the agency and file a complaint.  Who needs that hassle.  If you "exposed me" because I refused to give you proof, you'd be talking to my llawyer.  What if every RF photographer did this?  Obviously you have a problem with the RF model.

Fullvalue, would you mind explaining this a little more? I seem to have a problem understanding what you are trying to say.

From what you wrote above I understand that you won't tell or show proof to any photographer that contacts you asking where you purchased the image?

So even though you are a paying image user you will not tell the copyright holder of the image that you chose to use, where you purchased the image?

Sorry for repeating myself, I just thought I might have misunderstood you there for a moment.


Let's say I design a website that uses 6 images.  Do I need to provide proof now to 6 photographers?

 Also, don't forget, I licesned the images from a third party.  My contract is with them.  The photographer's contract is with them.  I don't have a contract with the photographer.  They have no reason to contact me.  If they have a problem they need to contact the third party.

« Reply #16 on: May 18, 2010, 08:11 »
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...I think if I was contacted by a photographer after licensing an image and proof was demanded I'd immediately contact the agency and file a complaint.  Who needs that hassle.  If you "exposed me" because I refused to give you proof, you'd be talking to my llawyer.  What if every RF photographer did this?  Obviously you have a problem with the RF model.

Fullvalue, would you mind explaining this a little more? I seem to have a problem understanding what you are trying to say.

From what you wrote above I understand that you won't tell or show proof to any photographer that contacts you asking where you purchased the image?

So even though you are a paying image user you will not tell the copyright holder of the image that you chose to use, where you purchased the image?

Sorry for repeating myself, I just thought I might have misunderstood you there for a moment.

I think I'd have to agree with fullvalue. If I started getting calls from photographers asking for this info I'd tell them to go piss up a rope.

« Reply #17 on: May 18, 2010, 08:28 »
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Wait wait wait!

Sorry to everyone - I worded this all wrong! I apologize.

I did not mean to browse the internet all day long asking for ALL images licenses ever sold!!!! I hope this is clear now to everyone.

I'm only talking about image uses that require an EL!

Now, am I just the only one who cares who legally purchases an image license of my images or do you guys plan on uploading your stuff to rapidshare yourself anytime soon without telling me?  ???

I did recover damages from people who have not purchased my images/licenses. This only happened because I opened my mouth.

So you averil and fullvalue simply do not care if anyone would download your images whichever way illegally printing them on books, posters, clothing and what not and you would completely ignore that?

Why even sell your images if you don't want to make money off of it?

For the record: I have no intent to harrass buyers if they use my image on a website, blog, book etc.

« Reply #18 on: May 18, 2010, 08:34 »
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Now, am I just the only one who cares who legally purchases an image license of my images or do you guys plan on uploading your stuff to rapidshare yourself anytime soon without telling me?  ???


NO, I am with you

« Reply #19 on: May 18, 2010, 08:45 »
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...Let's say I design a website that uses 6 images.  Do I need to provide proof now to 6 photographers?

Of course not - I don't care for web sites using my images 400 pixels wide.

Quote
Also, don't forget, I licesned the images from a third party.  My contract is with them.  The photographer's contract is with them.  I don't have a contract with the photographer.  They have no reason to contact me.  If they have a problem they need to contact the third party.

So some of us are contributing to 10, 15 or more agencies. So if we have reason to believe that a company is reproducing/reselling our images we are supposed to write an email to all agencies trying to figure out who sold it to that company (sometimes the agencies don't even know because they sold it to the designer and not the actual company) or me contacting the company directly, verifying if they acquired the appropriate license for it.

And also, are you saying that I as the copyright holder can not make a claim? Are you saying that I can only contact the infringing party with a lawyer? What reason is there to not settle such a situation directly between the copyright holder and the image user?

Since when do our agents do this for us? Why would I contact any agency if I knew the infringing party got it through them if they won't even provide a lawyer for me in that case, not to mention the monetary compensation in case of a settlement.

I only remember one time where a company bought images from Shutterstock through subscription instead of purchasing ELs. They printed that stuff which was against the regular RF license. After investigation the infringing company did pay Shutterstock the necessary license fees which Shutterstock handed down to the contributors.

Still, we all don't know if they also paid a fine for breaking the licensing terms and if everybody was actually compensated who was affected there.

Many times, I found my images on other photographers' accounts at the micros who stole them and did resell them as their own. Not one time did I receive the royalties for all those sales which should have occurred on my account. Mind also that these are our agents who wouldn't be in business if it wasn't for our images. Therefore, I don't expect our agents to act as a legal extension of our copyright. I have to defend my copyright.
« Last Edit: May 18, 2010, 08:48 by click_click »

« Reply #20 on: May 18, 2010, 09:08 »
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I contacted a buyer that was using my image without an EL to remove the product from their Etsy store. They claimed that they always buy EL's and that mine must have accidentally been purchased, but they did take it down. I don't see a problem with harassing people that you know are violating the licensing agreement.

« Reply #21 on: May 18, 2010, 09:19 »
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click_click- A photographer reselling an image as their own is a violation of copyright regardless of where it was licensed it but that wasn't the original parameter for this thread.

I'm all for protecting copyright but be careful how you do it.  I still maintain that if I legally license an image and am using it within the guidelines of the license, I have no obligation to produce documentation to the photographer proving that I am doing so.  I would contact the agency that I licensed it from and make a complaint. Furthermore if a false allegation was made on a blog damaging my brand I would pursue legal action.

As for ELs, have you carefully read the user agreements on all the sites you contribute to?  Several of them allow usage that would be considered EL by some sites.

« Reply #22 on: May 18, 2010, 09:23 »
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I contacted a buyer that was using my image without an EL to remove the product from their Etsy store. They claimed that they always buy EL's and that mine must have accidentally been purchased, but they did take it down. I don't see a problem with harassing people that you know are violating the licensing agreement.

I think the key words are "harassing people that you know are violating..." If you can totally prove that someone is using an image illegally and can back it up with all the right paperwork/licenses/websites/proof of your copyright, then I totally agree.

« Reply #23 on: May 18, 2010, 09:32 »
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I think the key words are "harassing people that you know are violating..."

Thanks cclapper, sometimes I should just write it the way I mean it!

I have no intention of publicly exposing people if I wouldn't have proof for their wrongdoing.

youralleffingnuts

    This user is banned.
« Reply #24 on: May 18, 2010, 10:20 »
0
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« Last Edit: May 25, 2010, 19:58 by sunnymars »


 

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