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Author Topic: Photojournalist wins 1.2 million $ in damages from AFP and Getty !  (Read 5189 times)

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Hobostocker

    This user is banned.
« on: November 22, 2013, 23:36 »
+14
Jury Awards Daniel Morel $1.2 Million in Damages from AFP, Getty Images
http://pdnpulse.pdnonline.com/2013/11/jury-awards-daniel-morel-1-2-million-in-damages-from-afp-getty-images.html



finally some justice !

i remeber this case, he posted his images on Twitter and they were stolen by AFP with TOTAL disregard for his copyright and AFP even sued back (and won) claiming they were "public domain" ! to add insult to injury they were credited as "Stringer" so Morel gained zero exposure from that.


« Reply #1 on: November 23, 2013, 01:34 »
+2
That's excellent news.

Carl

  • Carl Stewart, CS Productions
« Reply #2 on: November 23, 2013, 06:53 »
+10
I have no doubt that they're "dumbfounded."  They're accustomed to doing whatever they want without any consequences.  Hopefully this will cause them to rethink their practices, and I hope more such actions are on the horizon.   >:(

Ron

« Reply #3 on: November 23, 2013, 06:57 »
+8
Thats what we call in Holland: Een koekje van eigen deeg.

Its a good thing these companies who think they are untouchable get hit where it hurts them most, the balance sheet. A few more of those million dollar fines and they might even go bankrupt. On the other hand, they might just even claw it back by lowering their royalties.

PaulieWalnuts

  • We Have Exciting News For You
« Reply #4 on: November 23, 2013, 09:06 »
+1
Deleted... Whoops, posted response in wrong thread. No idea how I did that.
« Last Edit: November 23, 2013, 19:03 by PaulieWalnuts »

« Reply #5 on: November 23, 2013, 09:50 »
+6
I don't know where you get that from Paulie. This was a guy who was on the spot at the time of a major disaster, uploaded some shots to Flickr and had them stolen by the Agence France Presse news outfit who then recycled them via Getty (they have a standard arrangement with GI to host their old Press photo stock).

If it was a "new model" for stock, then it is the model of news agencies stealing new pictures from the internet and selling them to subscribers without recognising or paying the photographer who shot them (and threatening and bullying anyone who dares to complain about the behaviour of the corporation involved). It's the "everything on the internet is free" model that some people argue for. Only, fortunately, this turned out not to be a free ride, to the tune of $1.2m .... I just wish the fine had been 100x that to make people really sit up and think before thieving.

My guess would be that AFP will pay more than half of the fine - and what's a $600,000 loss to companies of this size? It will just mean the chairman's next yacht has to be a metre shorter than he expected.
« Last Edit: November 23, 2013, 09:52 by BaldricksTrousers »

« Reply #6 on: November 23, 2013, 10:55 »
0
5
« Last Edit: May 12, 2014, 00:33 by Audi 5000 »

ShadySue

  • There is a crack in everything
« Reply #7 on: November 23, 2013, 11:54 »
0
I don't know where you get that from Paulie.

Maybe Paulie meant to post in this thread:
www.microstockgroup.com/general-stock-discussion/getty-images-moments

w7lwi

  • Those that don't stand up to evil enable evil.
« Reply #8 on: November 23, 2013, 12:14 »
0
There was a piece on the news yesterday where all the major and minor news agencies, from CNN to AP to NBC, CBS, ABC and others (some 40+) sent a petition to the White House complaining about restrictions on theirs and other photojournalists.  Seems photojournalists are being restricted from decent access to the president and the agencies are forced to rely on sub-standard images or only use the "official" images handed out by the government.  During an interview with one such agency, he admitted that they were oft times forced to use images from social media such as Twitter, Facebook and others.  He indicated they just plucked what they needed off of social media and used them wherever they were required.

« Reply #9 on: November 23, 2013, 12:48 »
+2
There was a piece on the news yesterday where all the major and minor news agencies, from CNN to AP to NBC, CBS, ABC and others (some 40+) sent a petition to the White House complaining about restrictions on theirs and other photojournalists.  Seems photojournalists are being restricted from decent access to the president and the agencies are forced to rely on sub-standard images or only use the "official" images handed out by the government.  During an interview with one such agency, he admitted that they were oft times forced to use images from social media such as Twitter, Facebook and others.  He indicated they just plucked what they needed off of social media and used them wherever they were required.

Except, of course they are not "forced" to do anything, they choose to steal because they want to stay ahead of the game and they reckon they are too powerful for anybody to dare take them on.
It's corruption, pure and simple.
It's actually exactly the same syndrome that is about to put a pile of News International hacks (as in Editors) in the UK behind bars, where they belong. The idea is that if I break the law, then my media group gets a "scoop" but if I stick to the law, the enemy media might get the (illegal) scoop. So we have a right to ignore everybody's rights and the law of the land because media competition "forces" us to do it.
And let's face it, how many pictures of the American President does the world really need? Love him or loathe him, he's been photographed enough.
« Last Edit: November 23, 2013, 12:55 by BaldricksTrousers »

lisafx

« Reply #10 on: November 23, 2013, 16:18 »
0
There was a piece on the news yesterday where all the major and minor news agencies, from CNN to AP to NBC, CBS, ABC and others (some 40+) sent a petition to the White House complaining about restrictions on theirs and other photojournalists.  Seems photojournalists are being restricted from decent access to the president and the agencies are forced to rely on sub-standard images or only use the "official" images handed out by the government.  During an interview with one such agency, he admitted that they were oft times forced to use images from social media such as Twitter, Facebook and others.  He indicated they just plucked what they needed off of social media and used them wherever they were required.

So then it boils down to, "It's Obama's fault".  Priceless  ::)

ShadySue

  • There is a crack in everything
« Reply #11 on: November 23, 2013, 16:24 »
0
He indicated they just plucked what they needed off of social media and used them wherever they were required.
Without even checking if they have been released under CC or similar?

« Reply #12 on: November 23, 2013, 16:33 »
0
He indicated they just plucked what they needed off of social media and used them wherever they were required.
Without even checking if they have been released under CC or similar?
I'm not sure but I think that CC doesn't allow taking images for commercial resale, which is what media agencies would do.

« Reply #13 on: November 23, 2013, 16:48 »
+1
5
« Last Edit: May 12, 2014, 00:33 by Audi 5000 »

Shelma1

  • stockcoalition.org
« Reply #14 on: November 23, 2013, 17:43 »
+1
I'm not sure linking to that article helps your employer.

"He said rather than issue an apology to Morel, the agencies wrote to him asking to license his images. In addition, Amalvy called Morel a crook in a March 2010 emailevidence that Baio says points to the character of the defense. Baio urged the jury to consider what it would take to make a statement to these leading news agencies that they cannot further infringe upon the rights of photographers."

« Reply #15 on: November 23, 2013, 17:48 »
-1
5
« Last Edit: May 12, 2014, 00:33 by Audi 5000 »

Shelma1

  • stockcoalition.org
« Reply #16 on: November 23, 2013, 17:54 »
+2
Did you read the article? This came before the paragraph above:

Baio also argued that Getty Images New York picture desk manager, Andreas Gebhard, was aware of Morels images on January 12, 2010 because he sent an email that day saying the earthquake images on Morels Twitter account looked very decent.  He also said that Getty senior director of photography news and sports, Pancho Bernasconi, saw an email from AFP indicating Suero didnt shoot the images in question, but Bernasconi didnt take action to kill the images. In addition, Baio said that Gebhard knew that the images were reissued from AFP with a new credit, but Gebhard did not take action to find out who the images were first credited to. Therefore the images credited to Suero were never killed, and Getty customers continued to download and use those images.

I'm not sure how my post amounts to trolling.

« Reply #17 on: November 23, 2013, 17:55 »
-1
5
« Last Edit: May 12, 2014, 00:33 by Audi 5000 »

Spray and Pray

« Reply #18 on: November 23, 2013, 19:03 »
+1
Would the $1.2 Million be considered an 'EL'  :D


« Reply #19 on: November 23, 2013, 19:09 »
0
What I find interesting is it seems that the old saying about having your copyright "registered" with a government office to get statutory damages no longer apply which is great if that is the case. Anyone would like to comment on this...

PaulieWalnuts

  • We Have Exciting News For You
« Reply #20 on: November 23, 2013, 19:31 »
0
I don't know where you get that from Paulie.

Maybe Paulie meant to post in this thread:
www.microstockgroup.com/general-stock-discussion/getty-images-moments


Haa, yep. No idea what happened there.

« Reply #21 on: November 23, 2013, 21:21 »
+1
Would the $1.2 Million be considered an 'EL'  :D

I think it is more "sensitive use"


 

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