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There is someone who is using one of my photos as his profile photo,,,he didn't ask permission, it is copyrighted by me, and he won't acknowledge where the photo came from,,,he posts it as his,,,
I flag it and then its back up within two days,,,
what can i do
and also how can I block him from my profile ???
thanks
I flag it and then its back up within two days,,,
what can i do
and also how can I block him from my profile ???
thanks
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Re: copyright infringement on tribe
Tue, February 10, 2009 - 4:32 PMIf you formally registered the photo with the copyright office, a lawyer would be interested since there is the possibility of money. If you didn't, a judge would probably agree with you and order a cease and desist or something like that, but you'd have to pay. Assuming you can prove you took it. You do have copyright automatically as soon as you take the picture, but without formal registration most lawyers are simply not interested.
I always put a notice on my photos and figure if people use them it's free advertising. There are probably a dozen here on tribe and more on myspace and facebook with my copyright notice across the bottom. You won't find any of my full resolution photos on line...
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Re: copyright infringement on tribe
Tue, February 10, 2009 - 5:20 PMsorry about that...
as far as I can tell, the Tribe staff have pretty much given up on policing the site and protecting us all from the a&&holes...
if you can get a lawyer and nail this tool....I will be cheering for you!
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Re: copyright infringement on tribe
Tue, February 10, 2009 - 7:47 PMLook at the photos I post, and you'll see that I label them in the photo to "prevent" such things. Even with that, there's a certain triber here who has used a shot I took of him to promote himself on another site, and he did so without asking permission, telling me, or compensating me. It is one of the unfortunate aspects of posting our work on-line or sending it via e-mail. The converse however, is that if you're credited, then maybe someone appreciates it and it could mean $omething to you down the road... maybe. -
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Re: copyright infringement on tribe
Tue, February 10, 2009 - 7:48 PM...just to reiterate Brandon's point....
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Re: copyright infringement on tribe
Tue, February 10, 2009 - 10:45 PMI gotta say... I'm not sure this is actually copyright infringement. The viral spreading of materials publicly posted in an open forum may not constitute copyright violation in any sense of the law. There are no commercial damages that can be applied by further propagating materials already in circulation within a given network. But I would say that if someone is misrepresenting the work as their own, you may have a case for fraud.
Just one perspective... -
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Re: copyright infringement on tribe
Sun, March 29, 2009 - 7:40 PMIt definitely is a case of copyright infringement when someone posts an image to which you own the copyright (which you do as soon as you click the button). But, it's kinda like going 66 in a 65 mph zone. Especially for web-sized images. As someone else mentioned, if you don't want your images to escape, don't post them.
You will not find any full size images of mine anywhere that you can copy -- but you can order prints -- real prints at full resolution, not the crap you'd get if you printed them from here. The images I post here and elsewhere are all web sized and almost always include my name and a copyright notice. Several of my friend on here use my photos for their main image and I have no problem whatsoever with that -- it's free advertising. More and more, people ask me first, or ask me when I take the picture.
Education: So when I see a profile with fantastic images, photographic or whatever, with no attribution, I always ask if the poster is the creator. I've noticed that slowly, more and more people are crediting the images they post here. -
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Re: copyright infringement on tribe
Sun, March 29, 2009 - 8:18 PMbut don't ever feel intimidated by jerks.
there is always a way to protect your rights and stop them.
you may have to document things and be scrupulous, but you can stop them.
And after you successfully sue one jerk, people tend to stay away from you and look for an easier target...
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Re: copyright infringement on tribe
Mon, March 30, 2009 - 11:10 AM"It definitely is a case of copyright infringement..."
I'm really not so sure. I've done a cursory search of case law and I have found actions against the networks themselves but not any regarding user-on-user litigation. The pockets involved are probably too shallow to warrant legal fees.
The model I'm thinking is that if you donate (which essentially you're doing when you post online) a picture specifically to hang on the wall of a gallery or museum and someone moves it another wall (or walls), you really can't claim copyright infringement. It's being used in exactly the context (hanging in public view in that particular institution) intended and I'm not sure what your case for damages would be... Unless someone else is fraudulently claiming ownership of the work. Without a contract that specifies exactly what page of the magazine, wall of the gallery, or tribe profile your work must appear on, I just don't see the case. -
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Re: copyright infringement on tribe
Sun, April 19, 2009 - 4:18 PM.
Perhaps there is a way around this problem. Practically nobody uploads a full sized version of any image to a website. It would take too long to load. What is posted is a resized version of the original, which will not contain all of the information needed to reconstruct that original.
Take a larger version of the image, and put prints of that image up for sale on one of the sites that sells such things. The smaller version then can be argued to be an advertisement for the prints of the larger version, so the person purloining the smaller version can be said to be diverting potential customers from one's place of business. There are the commercial damages, and if the thief does the usual "neener, neener" thing, one has malice, opening up the possibility of punitive damages, given the willful and wanton nature of the violation.
Just a thought.
As for Tribe trying to do anything (see comments above), I've talked with TOUguy in the past, and seriously doubt that's ever going to happen. One of my friends (no, that's not code for "me") had an image of his stolen by a troll. I reported the incident to TOUguy, complete with applicable cites from the TOS, under which action could be taken against the troll. TOUguy replied by claiming that I had violated copyright law in my postings, and so should hope that said law would not be enforced on the site! Having never done any such thing, I then asked TOUguy to point me in the direction of even one posting in which I had done so.
No response ever came, but the point was made. I didn't have to wonder whose side TOUguy was on - s/he was on the side of the troll, trumping up a meritless charge in an attempt to get me to drop the matter. If this is the style of the person who's supposed to keep order on Tribe - the cop on the corner, if you will - I wouldn't hope for too much out of those who appointed TOUguy.
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Re: copyright infringement on tribe
Wed, February 11, 2009 - 11:53 AMYank all your images off tribe, Watermark them so the watermark is visible, then re-install all your images. This is about all you can do, short of going with a lawyer andtrying to sue Tribe for a Cease and desist. Good luck -
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Re: copyright infringement on tribe
Sun, March 29, 2009 - 11:01 AMThe TOU of Tribe doesn't protect you in the first place , also someone said consult a lawyer even if the image is registered copyright lawyers are extremely expensive and won't be worth your time , the only time you want to go that route is when your image has been unlicensed for a large campaign . APA and the Canadian equivalent CAPIC are fighting hard to institute better copyright laws for image makers. I would highly suggest you support one or both of them in order for them to help you !
All the best and watermark , watermark , watermark. I know it sucks and wreck a beautiful image but that is really the only way and even that can be photoshoped to protect yourself.
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Re: copyright infringement on tribe
Sun, March 29, 2009 - 2:42 PMEmail him a bill for use of the image. Make it a large enough amount to get his attention.
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Re: copyright infringement on tribe
Mon, March 30, 2009 - 8:22 AMI get people steal images from my photo sites all the time, especially alot of the concert photo's. Once time I had over 400 people I came across who had taken a particular Good Charlotte picture off my site. It happens... I used to get really anygy about it, now.. if they aren't selling it, I don't bother, its not really worth my time. But if you want just send them a DCMA Takedown notice. That will generally scare many average people into removing the photo. en.wikipedia.org/wiki/OCIL...wn_example -
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Re: copyright infringement on tribe
Mon, March 30, 2009 - 1:25 PMI had a few minutes to I thought I was address is issue in more depth. First and foremost, the only way to 100% guarantee that your image won’t be stolen is to either not take the image at all, or to never make it public. Other than that, if it’s out there, someone will steal it. They may take it for their desktop wallpaper, or for their website, but in either case, if they want it, they are going to get it.
Now when I first started posting images to the net, which was back in 2001 and almost a million images ago (Yep that’s a real number) I used to get really upset when I would come across someone who had stolen my image. Most of the time, not only were they using it without my permission, but they would hot link it on their site, so I had to pay for the bandwidth of my image being used without my permission. I would send them emails letters, DCMA takedown notices, and while most of the time it worked, it consumed a lot of my time and emotional energy. There were a few nights I actually didn’t sleep because I was so angry over the whole situation, and then reality set it.
To me it’s just not worth pursuing or even thinking about, especially when most of the image thefts occurred in a non commercial fashion, for example. I just looked and currently show almost 50 different sites which have linked to this image.
www.deviantdonkey.info/v1/gal...dex.php
Does that suck? Yep! Does it make me angry? Nope, I don’t really care. I could send take down notices to both them and their ISP or hosting company, but why bother… My basic take on it is that it’s a compliment. Someone liked my phone enough to re-post it. I could slow it down by not allowing hot links off my site but once again, I tried that, people would just steal the whole image and I don’t know where it is now. So here is what I do.
1. Make sure that every image I have has my copyright information in the Meta Data.
2. I specifically name my images so I can look for them in Google images. Most people who steal images are lazy and probably won’t bother to change the name of the image.
3. I move my directories around or my image names regularly so that it breaks people who have hot linked to my site. Since I am a network engineer, this is pretty simple for me; it may not be for you.
4. When I find an image on another site, I look at the site. If it’s non-commercial or at least a site where I am not totally against its content, I will generally just do nothing.
5. If the site looks like it may get high traffic and for some bizarre reason I want to try to get some of their traffic, I will contact the site owner and basically tell them it’s ok to use the image as long as you publically credit me and my site for the image and link the image back to my site. This has really worked well for me and makes life much simpler.
I know these things suck, and it really extra sucks to put your heart and soul into an image to only have some lame ass person steal it.. Such is life.. Really it’s not worth getting upset over..
On a final note, commercial use is another thing… Commercial use, immediately the company gets a letter from my attorney with the cost of using the photo. Period. This is just my take on the subject; you may have a different take on it, but in the end… It’s only a photo….. -
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Re: copyright infringement on tribe
Mon, March 30, 2009 - 1:31 PMI thought I would add one last thing to this post which I thought was really amusing. I knew a fellow photographer who was very upset about some of their images being stolen and reposted on the web. At one point during our long conversation, the photographer made mention of how he had over 20 gigs of MP3’s on his IPOD. My next question was damn, that’s a lot of money in music. His rely… Naa.. I get the music from YouTube and various pirate sites..
Hmmm… It’s ok to steal someone else’s music but this person got really upset when someone used one of his images. No difference here at all. It’s the same thing. I did ask him about that… To him the artists make enough money so it doesn’t matter… I bet the artists would beg to differ, and they do. As a music photojournalist for almost 20 years, I have met a lot of them, and they are just as angry about illegal downloads as my photog friend was about his image being stolen.
FYI to this day he still claims that the 2 scenarios are different… But to me they are exactly the same, theft is theft. -
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Re: copyright infringement on tribe
Mon, March 30, 2009 - 2:40 PMre I'm really not so sure. I've done a cursory search of case law and I have found actions against the networks themselves but not any regarding user-on-user litigation. The pockets involved are probably too shallow to warrant legal fees.
the 9th Amendment to the Constitution guarantees that the government can't make any law which violates basic rights.
And that certainly extends to contract law. If you enter into a contract which gives up your basic rights, that contract can't be enforced.
even though the social networking sites create language like that in their agreements, it does not mean that we sign away our rights. As long as we live in America, the 9th Amendment guarantees that we can't sign away our rights. And finagling legal practices which try to circumvent that are illegal. Doesn't mean it is easy to advocate for your rights through these predatory legal agreements, but the basis is always there, within the law.
if something is unfair, the one abused is always protected by law. That basic tenet transcends any specific language. And if you have a good enough lawyer, eventually you will usually win.
The issue then becomes whether the cost in legal fees and time is worth it. Often, it isn't...
But again, folks should think that cheats and liars can get away with everything. They can't. It just takes a concerted effort sometimes to stop them. -
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Re: copyright infringement on tribe
Mon, March 30, 2009 - 4:00 PMSadly look at H.R. 5889, The Orphan Works Act of 2008 there goes alot of our rights!! -
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Re: copyright infringement on tribe
Mon, March 30, 2009 - 5:10 PMI know about those kinds of constructions of legalese. I just saying that whatever those kinds of laws say, you can still fight them. You can't create an illegal law. You can't create a law which violates someone's rights. Those laws are illegal and they can be fought.
You can't create a contract which violates your rights.
Companies often create internal rules which violate basic rights.
There are tons of rules and laws on the books which are illegal.
You have to ignore the lie and the bluff and get right in there and advocate directly for your rights.
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Re: copyright infringement on tribe
Fri, April 3, 2009 - 10:48 PMCan you post a link to his profile or send it in a private message? Did you message Tribe help? -
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Re: copyright infringement on tribe
Tue, April 14, 2009 - 7:52 AMI flagged the photo and he re-posted,,,we played that
game for a while and then he more or less gave me credit
his profile name is trinsic and its the profile photo of the wolf
thanks all, this is a great tribe, watermark seems the way to go
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