Stolen Photos and Copyright ?

For topics unrelated to bush walking or to the forums.

Stolen Photos and Copyright ?

Postby CasualNerd » Mon 24 Jun, 2019 12:55 pm

This might not be the best forum to ask this question but...

I did a review of a tent a few years ago, and the photo I took of it in action just turned up as the thumbnail for a tent review video on youtube. I already know someone local has been using the photo for a long time to sell the tent commercially too.

The photo is at the top of google search for "xxtent review" so it's not surprising this has been the case.

I'm more pissed off that someone's used it to promote a *&%$#! 'review' video that's totally useless and is obviously profiting off it. Has anyone had any experience getting a video taken down on copyright infringement basis ?
User avatar
CasualNerd
Athrotaxis cupressoides
Athrotaxis cupressoides
 
Posts: 495
Joined: Wed 03 Aug, 2011 3:33 pm
Region: Tasmania
Gender: Male

Re: Stolen Photos and Copyright ?

Postby bernieq » Mon 24 Jun, 2019 3:10 pm

Photos and the bulk of a report I wrote (creative commons : by nc sa) was re-used on a commercial site. I contacted the site and (politely but firmly) advised that it was my work and they didn't have permission to use it. They apologized, explained that it was work they'd paid a temp to produce (ie they had been ripped off, too) and took it down.

Suggest you contact them and advise (with some proof it's your work) and base any further action on their response.

We are responsible for the health of the planet - not it for ours
User avatar
bernieq
Phyllocladus aspleniifolius
Phyllocladus aspleniifolius
 
Posts: 692
Joined: Tue 17 Jan, 2012 3:43 pm
Region: Victoria

Re: Stolen Photos and Copyright ?

Postby ribuck » Mon 24 Jun, 2019 4:19 pm

Or just be flattered that someone thought your work was worth reusing.
User avatar
ribuck
Athrotaxis selaginoides
Athrotaxis selaginoides
 
Posts: 1883
Joined: Wed 15 May, 2013 3:47 am
Region: Other Country
Gender: Male

Re: Stolen Photos and Copyright ?

Postby Gadgetgeek » Mon 24 Jun, 2019 8:54 pm

Usually a polite contact with some "chain of custody" details results in the photo being taken down. The thing is, they may be considering the photo as "fair use" since they are doing a review, and using what they think the manufacturers photos, which is generally acceptable.
You can go through the official youtube channels but to be honest most people really hate the official process, and so giving them the option to change it first will likely give you a better result. As for the local seller, apart from asking, not sure what the laws are here, it may be that you can ask for a take-down, but it may also be that depending on where and how you originally posted it, you may not have much recourse.
Depends on how much it means to you, copyright law is arcane and differs wildly between countries, so you have to decide how much fight you want to put into it.
I suspect an aussie photographers forum, or one with a fair few aussies might have a better idea of what rights you can claim.
Gadgetgeek
Athrotaxis selaginoides
Athrotaxis selaginoides
 
Posts: 1214
Joined: Sun 23 Sep, 2012 4:10 pm
Region: Queensland
Gender: Male

Re: Stolen Photos and Copyright ?

Postby benoloughlin » Tue 25 Jun, 2019 11:29 am

ribuck wrote:Or just be flattered that someone thought your work was worth reusing.

Sorry, no!
Without seeking permission to publish it, paying for it or acknowledging the creator. However you put it - its essentially theft.
User avatar
benoloughlin
Athrotaxis cupressoides
Athrotaxis cupressoides
 
Posts: 103
Joined: Fri 21 Oct, 2016 7:59 am
Location: Tasmania
Region: Tasmania
Gender: Male

Re: Stolen Photos and Copyright ?

Postby Son of a Beach » Tue 25 Jun, 2019 11:37 am

benoloughlin wrote:
ribuck wrote:Or just be flattered that someone thought your work was worth reusing.

Sorry, no!
Without seeking permission to publish it, paying for it or acknowledging the creator. However you put it - its essentially theft.


That's true. Worth re-using, but they are implying, not worth any acknowledgement or payment.

At minimum, the photos should be taken down. But the copyright holder is entitled to compensation for its unauthorised use.

I know of one forum member here who has been paid by a gear vendor to take photos for their catalog. And another who's photo on this forum was spotted by a vendor and the vendor offered them some gear in return for permission to use their photo in a catalog. These are examples of how reputable companies behave.

A disreputable company, when caught out, should be offering compensation. But at least a take-down at a bare minimum.
Son of a Beach
Lagarostrobos franklinii
Lagarostrobos franklinii
 
Posts: 7014
Joined: Thu 01 Mar, 2007 7:55 am
ASSOCIATED ORGANISATIONS: Bit Map (NIXANZ)
Region: Tasmania
Gender: Male

Re: Stolen Photos and Copyright ?

Postby CasualNerd » Tue 25 Jun, 2019 11:48 am

My biggest issue is actually that it's being used by someone purely to profit - their 'review' video is just stolen clips mashed together and provides no new information.
User avatar
CasualNerd
Athrotaxis cupressoides
Athrotaxis cupressoides
 
Posts: 495
Joined: Wed 03 Aug, 2011 3:33 pm
Region: Tasmania
Gender: Male

Re: Stolen Photos and Copyright ?

Postby Moondog55 » Tue 25 Jun, 2019 2:09 pm

Send them an invoice, with the usual non-payment clauses [ i:e Payment with-in 7 days, interest at 22% compound for late payments etc] ask for "Standard" rates plus payment for each and every "view" and a decent total based on how many hits the video has had. It is 7 cents US isn't it? Each hit?
Isn't your own "Standard rate" $150-USD
I can ask the young bloke next door if you like, he is a professional photographer and I think his rate is a bit higher than that, fair usage aside
Ve are too soon old und too late schmart
Moondog55
Lagarostrobos franklinii
Lagarostrobos franklinii
 
Posts: 11066
Joined: Thu 03 Dec, 2009 4:15 pm
Location: Norlane Geelong Victoria Australia
Region: Victoria
Gender: Male


Return to Between Bushwalks

Who is online

Users browsing this forum: No registered users and 12 guests