Author Topic: Real Estate Agent Stole one of my Flickr Images (Read 19562 times)

PaulieWalnuts · « **on:** December 15, 2009, 21:20 »

Stinkin bastages.

This is why I avoided Flickr for a long time. There's no mistaking he stole it because security is set to give the spaceball.gif so it's a screenshot or something.

Anybody ever have to deal with this? What have you done about it?

Plus some designer just hit me up for using an image in return for "a nice placement of my name on the new site". Yippie. I responded with a quote.

EDIT: The stolen image is on his business website.

yuliang11 · « **Reply #1 on:** December 15, 2009, 21:25 »

nothing much we can do. a lot of my images are probaly stolen too ,usually i'll just leave it.

Graffoto · « **Reply #2 on:** December 15, 2009, 21:28 »

Quote from: yuliang11 on December 15, 2009, 21:25

nothing much we can do. a lot of my images are probaly stolen too ,usually i'll just leave it.

Bad idea. Not enforcing your rights just encourages more theft.

gostwyck · « **Reply #3 on:** December 15, 2009, 21:58 »

Quote from: PaulieWalnuts on December 15, 2009, 21:20

Stinkin bastages.

This is why I avoided Flickr for a long time. There's no mistaking he stole it because security is set to give the spaceball.gif so it's a screenshot or something.

Anybody ever have to deal with this? What have you done about it?

Plus some designer just hit me up for using an image in return for "a nice placement of my name on the new site". Yippie. I responded with a quote.

Err ... why have you got images on Flickr? If you're intent on making money through stock I don't understand where Flickr comes in to the plan. You're just setting yourself up for issues such as this with no likelihood of a financial gain. Say 'red' backwards.

PaulieWalnuts · « **Reply #4 on:** December 15, 2009, 22:27 »

Quote from: gostwyck on December 15, 2009, 21:58

Err ... why have you got images on Flickr? If you're intent on making money through stock I don't understand where Flickr comes in to the plan. You're just setting yourself up for issues such as this with no likelihood of a financial gain. Say 'red' backwards.

Because I still enjoy the more social and creative aspects of photography.

I'm making money with stock. But I need creative breaks to keep my sanity and get back to shooting for enjoyment. That's the stuff I send to Flickr. And that stuff wouldn't be accepted for stock. If it did get accepted it probably wouldn't sell.

Kone · « **Reply #5 on:** December 15, 2009, 23:37 »

Quote from: PaulieWalnuts on December 15, 2009, 21:20

Stinkin bastages.

This is why I avoided Flickr for a long time. There's no mistaking he stole it because security is set to give the spaceball.gif so it's a screenshot or something.

Anybody ever have to deal with this? What have you done about it?

Plus some designer just hit me up for using an image in return for "a nice placement of my name on the new site". Yippie. I responded with a quote.

Hi Paulie
I had been in a similar situation before where a guy on FLICKER stole my image.

Link for my image and my comment.
http://www.flickr.com/photos/cafecathi/3839201933/#

The moment I found out, I replied in the comment area asking him to take off the photo, he never did. Therefore, I sent an email and a letter to Yahoo.com and they never responded. My image is still under his name. I don’t think there is much you can do unfortunately unless you have some sort of copyright and that you can legally ask him to take it off.

Kone

leaf · « **Reply #6 on:** December 16, 2009, 02:38 »

I would send the real estate agent a friendly letter stating how he can license the image for use and how he wasn't allowed to use the image for free. He may not of know that he wasn't able to use the image. There are a lot of people that have no idea about royalty free stock or how it works.

Perry · « **Reply #7 on:** December 16, 2009, 03:51 »

I would bill him with a triple amount. And write that if he decided not to pay, he would hear from my lawyer.

michealo · « **Reply #8 on:** December 16, 2009, 06:18 »

Quote from: Kone on December 15, 2009, 23:37

Quote from: PaulieWalnuts on December 15, 2009, 21:20
Stinkin bastages.

This is why I avoided Flickr for a long time. There's no mistaking he stole it because security is set to give the spaceball.gif so it's a screenshot or something.

Anybody ever have to deal with this? What have you done about it?

Plus some designer just hit me up for using an image in return for "a nice placement of my name on the new site". Yippie. I responded with a quote.

Hi Paulie
I had been in a similar situation before where a guy on FLICKER stole my image.

Link for my image and my comment.
http://www.flickr.com/photos/cafecathi/3839201933/#

The moment I found out, I replied in the comment area asking him to take off the photo, he never did. Therefore, I sent an email and a letter to Yahoo.com and they never responded. My image is still under his name. I don’t think there is much you can do unfortunately unless you have some sort of copyright and that you can legally ask him to take it off.

Kone

This is there website http://www.thecathigroup.com/

PaulieWalnuts · « **Reply #9 on:** December 16, 2009, 06:54 »

Quote from: leaf on December 16, 2009, 02:38

I would send the real estate agent a friendly letter stating how he can license the image for use and how he wasn't allowed to use the image for free. He may not of know that he wasn't able to use the image. There are a lot of people that have no idea about royalty free stock or how it works.

Good idea. What about plan B if that doesn't work?

loop · « **Reply #10 on:** December 16, 2009, 07:16 »

I've got images removed from Flickr just sending an e-mail to the page administrators. In one case that this dind't work, Compliance Enforcement at istockphoto took care of it and, finally, the photo was removed as well.

Talanis · « **Reply #11 on:** December 16, 2009, 07:32 »

Send a cease and desist letter and ask him to remove under 10 days or else you'll sue him for 10,000$. If he doesn't comply, sue him for 10,000$ or more. Copyrights are important and should be enforce.

Perry · « **Reply #12 on:** December 16, 2009, 07:36 »

Quote from: Talanis on December 16, 2009, 07:32

Send a cease and desist letter and ask him to remove under 10 days or else you'll sue him for 10,000$. If he doesn't comply, sue him for 10,000$ or more. Copyrights are important and should be enforce.

The problem here is that in the most likely case the image is removed and you get nothing.
It would be better to bill for the image and if not paid (or the image is removed) then sue.

Perry · « **Reply #13 on:** December 16, 2009, 07:38 »

Quote from: PaulieWalnuts on December 16, 2009, 06:54

Quote from: leaf on December 16, 2009, 02:38
I would send the real estate agent a friendly letter stating how he can license the image for use and how he wasn't allowed to use the image for free. He may not of know that he wasn't able to use the image. There are a lot of people that have no idea about royalty free stock or how it works.
Good idea. What about plan B if that doesn't work?

Plan B is to save his page and maybe have some people look at his page and see that it's your image. They can be used as witnesses if needed. (This should be done BEFORE the bill/letter is sent) Then get in contact with a copyright lawyer and sue. Most likely a letter from a lawyer will be enough to open the cashflow

I have found my images in use without compensation two times (once in a magazine and once on a company web page). I sent them an extra-large bill and a letter explaining the situation and threatened with legal action if not paid. It worked both times.

A couple of times I have found my images on some poor-ass kids blog, I just let it be - they don't make money with my images nor would they have the money to pay. I don't want to harrass some college kid. But a real estate agent charges thousands of dollars per sale, they have money to pay.

Perry · « **Reply #14 on:** December 16, 2009, 07:45 »

Quote from: PaulieWalnuts on December 15, 2009, 21:20

This is why I avoided Flickr for a long time. There's no mistaking he stole it because security is set to give the spaceball.gif so it's a screenshot or something.

Fred · « **Reply #15 on:** December 16, 2009, 07:49 »

Quote from: leaf on December 16, 2009, 02:38

I would send the real estate agent a friendly letter stating how he can license the image for use and how he wasn't allowed to use the image for free. He may not of know that he wasn't able to use the image. There are a lot of people that have no idea about royalty free stock or how it works.

Seems unlikely that he didn't know what he was doing, since he had to get around Flickr's security to get a usable image ("screenshot or something".) You might try and find a lawyer to write a letter and take his payment on contingency.

fred

PaulieWalnuts · « **Reply #16 on:** December 16, 2009, 07:58 »

Quote from: Perry on December 16, 2009, 07:45

Quote from: PaulieWalnuts on December 15, 2009, 21:20
This is why I avoided Flickr for a long time. There's no mistaking he stole it because security is set to give the spaceball.gif so it's a screenshot or something.

Just checking: You do have set the image licence "All rights reserved" on Flickr, right?

Yes.

GeoPappas · « **Reply #17 on:** December 16, 2009, 08:10 »

Quote from: PaulieWalnuts on December 15, 2009, 22:27

That's the stuff I send to Flickr. And that stuff wouldn't be accepted for stock. If it did get accepted it probably wouldn't sell.

I find this statement quite ironic!

You state that the images that you put on Flickr probably wouldn't sell, yet a real estate agent is using one of those images on their business website to help with their own sales.

gostwyck · « **Reply #18 on:** December 16, 2009, 08:41 »

Quote from: PaulieWalnuts on December 15, 2009, 22:27

But I need creative breaks to keep my sanity and get back to shooting for enjoyment.

I have absolutely no idea what you mean by that. What did you do for your 'creative breaks' and 'keep your sanity' before the internet?

You make it sound as if you are poncing around in a frilly shirt with a silver cane.

PaulieWalnuts · « **Reply #19 on:** December 16, 2009, 09:18 »

Quote from: GeoPappas on December 16, 2009, 08:10

Quote from: PaulieWalnuts on December 15, 2009, 22:27
That's the stuff I send to Flickr. And that stuff wouldn't be accepted for stock. If it did get accepted it probably wouldn't sell.

I find this statement quite ironic!

You state that the images that you put on Flickr probably wouldn't sell, yet a real estate agent is using one of those images on their business website to help with their own sales.

It's a picture of a local town scene that would only probably have appeal to a local business. So, the buying audience would be fairly limited and probably not looking on a stock site for the image. Even so, it might sell once or twice so it's not worth the effort to submit it.

PaulieWalnuts · « **Reply #20 on:** December 16, 2009, 09:27 »

Quote from: gostwyck on December 16, 2009, 08:41

Quote from: PaulieWalnuts on December 15, 2009, 22:27
But I need creative breaks to keep my sanity and get back to shooting for enjoyment.

I have absolutely no idea what you mean by that. What did you do for your 'creative breaks' and 'keep your sanity' before the internet? You make it sound as if you are poncing around in a frilly shirt with a silver cane.

I treat stock like a business. Define a concept, make a plan, shoot, and evaluate. If I don't feel it will sell, I don't waste time with it. I enjoy it but it sometimes feels like I'm forcing myself.

I still like to go out, get some fresh air, and take pictures of interesting stuff that I don't need to think about business, the concept, and whether it will sell or not. My experience has been that most of this stuff has limited appeal to stock buyers.

Quote

You make it sound as if you are poncing around in a frilly shirt with a silver cane.

Uhhh, okay. I bet I'm not alone in thinking I have no idea what you mean by this.

gostwyck · « **Reply #21 on:** December 16, 2009, 09:50 »

I treat stock like a business too __ thus I don't bother with Flickr.

Your attempt to sound like some sort of tortured artiste is frankly pathetic. Get a grip on reality. You can be as 'creative' as you want but, as a supposed stock photographer, if you then upload your work to nonsense hobbyist sites like Flickr then you fully deserve to be royally screwed.

Kone · « **Reply #22 on:** December 16, 2009, 09:52 »

Quote from: michealo on December 16, 2009, 06:18

This is there website http://www.thecathigroup.com/

Yhank you Michealo
I sent an email
See if they respond

Kone

madelaide · « **Reply #23 on:** December 16, 2009, 16:57 »

Quote from: leaf on December 16, 2009, 02:38

There are a lot of people that have no idea about royalty free stock or how it works.

True. Even more when it's in the internet, people think everything there is free.

click_click · « **Reply #24 on:** December 16, 2009, 17:30 »

Quote from: madelaide on December 16, 2009, 16:57

...True. Even more when it's in the internet, people think everything there is free.

I really wonder why people think just because it's online it must be free...

When I walk on the street (sidewalk) I can't take any car/bike and use it. When I'm in the store I can't just eat the apple and walk out without paying.

It appears to me that people just don't use common sense anymore when they do these things.

In the case of (ab)using an image without having a proper license theft HAS been committed and should be punished. Give those little buggers a break and ask for a $50 license fee so they can (most likely) afford it and still use it.

Claims for statutory damages can be up to $30.000 so it should be a fair deal. Oftentimes though you're lucky enough if they take the image down.

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Author Topic: Real Estate Agent Stole one of my Flickr Images (Read 19562 times)

PaulieWalnuts

yuliang11

Graffoto

gostwyck

PaulieWalnuts

Kone

leaf

Perry

michealo

PaulieWalnuts

loop

Talanis

Perry

Perry

Perry

Fred

PaulieWalnuts

GeoPappas

gostwyck

PaulieWalnuts

PaulieWalnuts

gostwyck

Kone

madelaide

click_click

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