Irish Farmers Journal Stole my picture

[Robert_in_NY]

I took this TS-A picture at Empire Farm days to post on a friends site. www.toytractorshow.com. Well, they stole the picture from the site and didn't give credit to the site they got it from let alone get permission to use it. That is just low /forums/images/graemlins/mad.gif. Heck, they didn't even give credit to the EFD's. Instead they just call it a farm show in upstate NY. This is sad /forums/images/graemlins/frown.gif

 

[Robert_in_NY]

Here is the link to the picture of the evil site web page

 

[MikePA]

The picture management/editing software I use, ThumbsPlus allows you to insert watermarks into pictures. Might be a good idea for those great pictures you don't want someone stealing, like that hummingbird picture.

 

[Robert_in_NY]

I don't like watermarking pictures as it takes away from them. I don't mind people using my pictures as long as they give credit to the sites they find them at. IF someone wanted to use the hummingbird picture they are more then welcome to as long as there is a TBN link in the writeup. However, if someone started making money off my pictures I would appreciate a thank you note at the very least.

 

[Hakim]

Hi Robert,

First off, very nice picture. Sharp, good composition, rich colors. I see why they wanted to steal it! (just kidding!) /forums/images/graemlins/grin.gif

No doubt what they did was wrong. They used your copyrighted photo without your permission or credit. Technically speaking, though, there is an area of copyright law called "fair use" and can be invoked when the purpose is purely "educational." They might think – or claim – that this applies in their case.

However, that doctrine is more often applied to portions of written works, rather than photos, where the single photo is usually the entire object of copyright.

In order to "do anything about it" you would have to first of all prove that you had registered the copyright. Not expensive, just $20, but I doubt you did so. Second, you would have to prove economic or other damage (invasion of privacy, etc.) from their use. I doubt you'll have to forgo buying steak next weekend over it.

So, my suggestion is to send them a polite note, informing them that the photo which appears or appeared in their publication (date, issue, page, position) or on their web site (URL with description of position) is your copyrighted photograph, and is being used without your permission, in violation of US and International Copyright Law.

You should request (if you want to allow use) that they add acknowledgment of you as the owner in the following manner (Photo by Mr. XYZ, City, State, USA -- and add an email or web address if you want a way for people to contact you).

If you don’t want them to use it, just tell them so, and ask them to remove it immediately.

You should probably go to the WHOIS database and look up the registered agent for the web site, because the web master on the site may have no standing in the matter.

You can go to the US Govt. Copyright Office home page and find out all kinds of info about copyright.

 

[Robert_in_NY]

Thanks for the nice writeup. As I said though, I don't mind them using it as long as they give credit to the sites they find them from. And they should contact the site owners and seek permission before using a picture.

I take pictures for fun. I do not try to make money off of them. I just enjoy it. A lot of my pictures just get stored on my computer. Pictures of something new (my 2wd TS-A picture was the first picture posted online of it) or different I take for sites like this and TTS. TBN has a great following and it is fun to share pictures here.

What is interesting is that ToyTractorshow.com deals with mostly toy tractors but the members there are into equipment which is why we collect models of the real machines. There are more new equipment photos released for the first time on TTS then almost anywhere else. JD just had their new intro for dealers and a fellow member was there and took a lot of pictures of the new JD models and released them on TTS. I have no doubts most of those pictures are floating around other sites now but very few people give credit which is all most of us want. The more people that know about TBN and TTS the better and if a picture I take can allow someone to find another site then I am happy.

Had they given credit in the first place I would have been happy to find someone using my picture like that. Hopefully they will give the credit and I will be happy. But I do not want my name on the picture, only TTS since that is the reason for the picture.

Also, I did send them a e-mail asking they give credit to TTS. I was polite as it accomplishes nothing to be rude.

 

[Hakim]

You handled it perfectly Bob. I am sure other members who provide phtos feel the dsame way. I understand, it isn't the money ...

 

[fivestring]

Hakim,
To add to your reply, the day he composed the photograph, it was copyrighted. It mentions this on the copyright info website. Like you said, proving damage might be hard. I write songs for my band (Bluegrass) and looked into the copyright thing. Each work (whether photo, written, music, etc.) is $35.00; or you can submit a comprehensive collection of works (with a list of items in the collection) for $35.00. But, the best way to prove ownership is witnesses. My band members are witnesses. Robert's friend is his witness as to the authorship. The way I've done my works is through B.M.I. I am a registered artist (free). I've submitted titles of my works and they are dated on B.M.I.'s computer. Then, to have my own date stamp on my work, I mail a copy to myself, which has a post date on the package. Once I receive my own mail, I label it with the title and then put it up.
I don't think Robert should have to much problem with authorship since the date his friend put it on his website will have an earlier date that the other website's date.

/forums/images/graemlins/confused.gif Are you confused now???

 

[Hakim]

Hi Gary,

Copyright law is pretty complex. It is true that a copyright is created the moment a creative work is "reduced to tangible form" (the term used in the Law itself). For music, that would be when the song is played AND recorded, or the notation (or words to a song) written down. For photos and almost all written works, it is at the time of first writing, regardless of whether it is technically "published" in book or any similar form. It could be handwritten.

The points I mention about getting the copyright filed with the US Government Copyright office, has to do with whether or not you will be able to enforce an injunction (meaning stop distribution of a stolen work prior to a full trial of facts) and also whether you can collect punitive damages. "Actual damages" are often non-existent.

Intellectual property lawyers who handle infringement practice in an expensive specialty, around $250 - 400 per hour (I know, I've hired them!).

There is a site called www.findlaw.com which has just tons of info on all aspects of the law.

The site I like better is www.gigalaw.com, which deals more with intellectual property, with a heavy dose of Internet related cases & info.

I don't think an effort to establish a claim by mailing a copy to oneself has any meaning, especially if another person had actually filed and held an issued copyright on that material. Thirty five dollars is not much, for the protection you get. If you value your creative work, I advise all creative artists to apply for the actual copyrights --- good for your life, plus seventy years. An instant estate! Have fun!

BTW, I love bluegrass music, but admit to being pretty ignorant beyond Vince Gill and Bill Monroe. Care to give me your list of say the All Time Top 10 Bluegrass bands/performers? I'd like to expand my library.

All the best,

 

[Robert_in_NY]

</font><font color="blue" class="small">( Care to give me your list of say the All Time Top 10 Bluegrass bands/performers? I'd like to expand my library.
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Heck now you are trying to steal my thread. What gives /forums/images/graemlins/grin.gif