What do you do with a thief like this?

joemc · 10-24-2009, 08:30 PM

Because my website was in the exif data two people emailed me and told me that this guy was using my photos as his own?

Yeah... the copyright is registered....But what do you do and how do you handle it?

This is about the 10th time I have had to deal with this crap!!

Thanks Joe

The escape HT approved - WatchGeeks

AverageJoe · 10-24-2009, 09:22 PM

Ask the offender to remove the photos from his/her computer, if he/she fails to comply seek legal advice.

Felix0890 · 10-24-2009, 09:25 PM

Is he making money off the site? If so, I would sue him for an estimated profit of having the picture up there. If not, I would write to him saying that if he does not remove with withing a certain period of time (I'd say 24 hours), you will pursue legal action you could ask him/her to give you credit with a link to your website.

That's just me though. It would tick me off if someone is using one of my pictures for their personal gain. If it's just for a reference, I'm not as ticked off. However, if they're saying they took the picture, I'd sue them whether it was for profit or not. That doesn't fly with me.

FriedChicken · 10-24-2009, 09:27 PM

Is that the 'stolen' image, in the forum?

Technically they might be able to use it. You can always shoot them an email.

Felix0890 · 10-24-2009, 09:41 PM

From looking at the image and the post on that forum, it looks like the guy is making it look like it's his. That's clear copyright infringement right there. Even if the guy isn't making it look like his, only the artist has the right to display the work. If I were the OP, I'd sue the guy, even for a low amount, just so that the idiot learns his lesson. And yes, include attorney fees in there.

JayCanon · 10-24-2009, 09:44 PM

I see that someone replied in that thread pointing out that it's your copyrighted photo. Now that he/she has been busted, I'm curious what this fool will say in response....if anything.

In a twisted sort of way I guess it's a compliment - if someone steals something from you, that means you had something worth stealing. But I would have ZERO tolerance for something like that. Take him down!

FriedChicken · 10-24-2009, 10:47 PM

It'd be hard to sue.

The guy hasn't made claims to anything.

An email should easily get him to pull it down -- though I'm wondering how he got it when your SM photos have watermarks.

**UUilliam** · 10-25-2009, 05:23 AM

how can you guys see it? I need to register...

musicaleCA · 10-25-2009, 06:14 AM

Forget the above and call a lawyer. They're the ones that can give you a definitive answer. If your copyright is registered, in the US, you can sue for punitive damages as well as actual damages (like the money they made off using the photo, or whatever). If the damage to you and the resale of the photo is minimal you're not liable to make a fortune off it. But, regardless, call a lawyer—one that specializes in copyright law. They'll tell you if it's worth suing or not.

PhotoXopher · 10-25-2009, 08:51 AM

People use other people's images online all the time, he never once said "here is a picture I took of where I'm at", for example.

Just ask him to take it down if it gets your undies in a bunch, to me - if you post your photos online you're just asking for them to be borrowed like this.

People are too damn sue happy these days. I'm not a professional photographer and before I came to photography forums I had no idea how personally some photographers take this stuff - I'd imagine the majority of the rest of the world is the same. These aren't in your face laws most of us have to deal with every day like speed limits, shoplifting, or drunk driving, for example.

I can understand protecting your work, but if you're this worried about it - stop posting it online to begin with or put a huge watermark on it.

joemc · 10-25-2009, 09:00 AM

Quote: Originally Posted by N0YZE

People use other people's images online all the time, he never once said "here is a picture I took of where I'm at", for example.

Just ask him to take it down if it gets your undies in a bunch, to me - if you post your photos online you're just asking for them to be borrowed like this.

People are too damn sue happy these days. I'm not a professional photographer and before I came to photography forums I had no idea how personally some photographers take this stuff - I'd imagine the majority of the rest of the world is the same. There aren't laws most of us live by every day and they aren't in our faces like speed limits, shoplifting, or drunk driving for example.

I agree with you 100%.... This is about the 10th time this has happened to me and it does "get under my skin". The only time I pushed it further is when someone made $$ off my work.

I have spoken to this guy via PM and he has done the right thing....after the fact

Cheers, Joe

PhotoXopher · 10-25-2009, 09:02 AM

Good to hear Joe!

I see this guy as someone who couldn't capture the beauty of where he was at so he searched the Internet for a photo, and picked yours.

joemc · 10-25-2009, 09:46 AM

Quote: Originally Posted by N0YZE

Good to hear Joe!

I see this guy as someone who couldn't capture the beauty of where he was at so he searched the Internet for a photo, and picked yours.

Nah....I think he was never there to begin with.... The first PM back from him was him apologizing for a photo that I didn't even know he stole? I was mad about the Pelican Grand shot...and he apologized for my Top of the Rock shot in NYC....he used both of them!...Who knows how many more????
I think the guy is full of crap!

He knew where he downloaded my shots from!...Why did he not credit me when he posted them?

Cheers, joe

**KmH** · 10-25-2009, 11:39 AM

Joe,

Help! I've Been Infringed! | Photo Attorney

**UUilliam** · 10-25-2009, 12:37 PM

hm... seems the forum is sticking up for him or just my name they dislike?

I only just signed up today, haven't posted anything
and now I am IP banned from that website :/

May I see what images? thats the only reason i signed up ...

10-24-2009, 08:30 PM	#1
joemc I spend too much of my life on TPF! Join Date: Oct 2009 Location: Ft Lauderdale Posts: 289 My Photos Are OK to Edit Thanked 7 Times in 6 Posts My Gallery: (0)	What do you do with a thief like this? Because my website was in the exif data two people emailed me and told me that this guy was using my photos as his own? Yeah... the copyright is registered....But what do you do and how do you handle it? This is about the 10th time I have had to deal with this crap!! Thanks Joe The escape HT approved - WatchGeeks

10-24-2009, 09:22 PM	#2
AverageJoe I spend too much of my life on TPF! Join Date: Sep 2007 Location: Cincinnati OH, but from: Minneapolis, MN Posts: 570 My Photos Are OK to Edit Thanked 2 Times in 2 Posts My Gallery: (0)	Ask the offender to remove the photos from his/her computer, if he/she fails to comply seek legal advice. __________________ Canon gear Photo Blog: www.hennepineast.com My photos are okay to edit

10-24-2009, 09:25 PM	#3
Felix0890 I spend too much of my life on TPF! Join Date: Oct 2009 Location: Miami , FL Posts: 408 My Photos Are NOT OK to Edit Thanked 13 Times in 11 Posts My Gallery: (0)	Is he making money off the site? If so, I would sue him for an estimated profit of having the picture up there. If not, I would write to him saying that if he does not remove with withing a certain period of time (I'd say 24 hours), you will pursue legal action you could ask him/her to give you credit with a link to your website. That's just me though. It would tick me off if someone is using one of my pictures for their personal gain. If it's just for a reference, I'm not as ticked off. However, if they're saying they took the picture, I'd sue them whether it was for profit or not. That doesn't fly with me. __________________ "Of all of our inventions for mass communication, pictures still speak the most universally understood language." -Walt Disney

10-24-2009, 09:27 PM	#4
FriedChicken I spend too much of my life on TPF! Join Date: Feb 2009 Posts: 512 My Photos Are NOT OK to Edit Thanked 2 Times in 2 Posts My Gallery: (0)	Is that the 'stolen' image, in the forum? Technically they might be able to use it. You can always shoot them an email. __________________ The Canon Obsession.

10-24-2009, 09:41 PM	#5
Felix0890 I spend too much of my life on TPF! Join Date: Oct 2009 Location: Miami , FL Posts: 408 My Photos Are NOT OK to Edit Thanked 13 Times in 11 Posts My Gallery: (0)	From looking at the image and the post on that forum, it looks like the guy is making it look like it's his. That's clear copyright infringement right there. Even if the guy isn't making it look like his, only the artist has the right to display the work. If I were the OP, I'd sue the guy, even for a low amount, just so that the idiot learns his lesson. And yes, include attorney fees in there. __________________ "Of all of our inventions for mass communication, pictures still speak the most universally understood language." -Walt Disney

10-24-2009, 09:44 PM	#6
JayCanon No longer a newbie, moving up! Join Date: Oct 2009 Location: Michigan Posts: 40 My Photos Are NOT OK to Edit Thanked 7 Times in 7 Posts My Gallery: (0)	I see that someone replied in that thread pointing out that it's your copyrighted photo. Now that he/she has been busted, I'm curious what this fool will say in response....if anything. In a twisted sort of way I guess it's a compliment - if someone steals something from you, that means you had something worth stealing. But I would have ZERO tolerance for something like that. Take him down!

10-24-2009, 10:47 PM	#7
FriedChicken I spend too much of my life on TPF! Join Date: Feb 2009 Posts: 512 My Photos Are NOT OK to Edit Thanked 2 Times in 2 Posts My Gallery: (0)	It'd be hard to sue. The guy hasn't made claims to anything. An email should easily get him to pull it down -- though I'm wondering how he got it when your SM photos have watermarks. __________________ The Canon Obsession.

10-25-2009, 05:23 AM	#8
UUilliam Photography student Join Date: May 2009 Location: Glasgow Posts: 1,104 My Photos Are OK to Edit Thanked 11 Times in 11 Posts My Gallery: (0)	how can you guys see it? I need to register... __________________ W I L L I A M Recuva - Lost files? get them back easily and for free! I agree to the Pact Request a tutorial (provide your image too.) Don't take all my advice as hard fact, you should do a little further research on what I say before accepting it as I am still learning myself therefore I may give wrong or bad advice but I do my best to give what I have picked up so far. Gear\|Canon 450D\|18-55mm f3.5-5.6\|75-300mm USM f4.5-5.6\|50mm II f1.8\|Opteka 500-1000mm mirror\| Accessories\|Manfrotto 680B Monopod\|484RC2 Ball head\|EOS 450D camera armor\|16gb + 8gb SDcard\|2x UV filter\|Macro filter\|Rocket blower\|3x mini tripods\|BG-E5 Battery grip + remote control\|Konig KN-Tripod35\|

10-25-2009, 06:14 AM	#9
musicaleCA TPF Junkie! Join Date: May 2009 Location: Vancouver, BC Posts: 2,201 My Photos Are OK to Edit Thanked 85 Times in 81 Posts My Gallery: (0)	Forget the above and call a lawyer. They're the ones that can give you a definitive answer. If your copyright is registered, in the US, you can sue for punitive damages as well as actual damages (like the money they made off using the photo, or whatever). If the damage to you and the resale of the photo is minimal you're not liable to make a fortune off it. But, regardless, call a lawyer—one that specializes in copyright law. They'll tell you if it's worth suing or not. __________________ Canon 7D, 450D, EF 70-200mm f/2.8 USM L, EF-S 10-22mm f/3.5-4.5 USM, EF-S 55-250mm f/4-5.6, EF 50mm f/1.4, EF 24-70mm f/2.8L USM, EF-S 17-85mm f/4-5.6, Speedlite 550EX, 2x 580EX II, ST-E2 - _S U P P O R T___ T H E___ P A C T_ - Flickr Model Mayhem ImageKind

10-25-2009, 08:51 AM	#10
PhotoXopher TPF Junkie! Join Date: May 2009 Posts: 3,059 My Photos Are NOT OK to Edit Thanked 85 Times in 85 Posts Blog Entries: 2 My Gallery: (0)	People use other people's images online all the time, he never once said "here is a picture I took of where I'm at", for example. Just ask him to take it down if it gets your undies in a bunch, to me - if you post your photos online you're just asking for them to be borrowed like this. People are too damn sue happy these days. I'm not a professional photographer and before I came to photography forums I had no idea how personally some photographers take this stuff - I'd imagine the majority of the rest of the world is the same. These aren't in your face laws most of us have to deal with every day like speed limits, shoplifting, or drunk driving, for example. I can understand protecting your work, but if you're this worried about it - stop posting it online to begin with or put a huge watermark on it. __________________ I am the french fry in a box of onion rings. Click to see the world through one crappy lens. Last edited by PhotoXopher; 10-25-2009 at 08:58 AM.

10-25-2009, 09:00 AM	#11
joemc I spend too much of my life on TPF! Join Date: Oct 2009 Location: Ft Lauderdale Posts: 289 My Photos Are OK to Edit Thanked 7 Times in 6 Posts My Gallery: (0)	Quote: Originally Posted by N0YZE People use other people's images online all the time, he never once said "here is a picture I took of where I'm at", for example. Just ask him to take it down if it gets your undies in a bunch, to me - if you post your photos online you're just asking for them to be borrowed like this. People are too damn sue happy these days. I'm not a professional photographer and before I came to photography forums I had no idea how personally some photographers take this stuff - I'd imagine the majority of the rest of the world is the same. There aren't laws most of us live by every day and they aren't in our faces like speed limits, shoplifting, or drunk driving for example. I agree with you 100%.... This is about the 10th time this has happened to me and it does "get under my skin". The only time I pushed it further is when someone made $$ off my work. I have spoken to this guy via PM and he has done the right thing....after the fact Cheers, Joe

10-25-2009, 09:02 AM	#12
PhotoXopher TPF Junkie! Join Date: May 2009 Posts: 3,059 My Photos Are NOT OK to Edit Thanked 85 Times in 85 Posts Blog Entries: 2 My Gallery: (0)	Good to hear Joe! I see this guy as someone who couldn't capture the beauty of where he was at so he searched the Internet for a photo, and picked yours. __________________ I am the french fry in a box of onion rings. Click to see the world through one crappy lens.

10-25-2009, 09:46 AM	#13
joemc I spend too much of my life on TPF! Join Date: Oct 2009 Location: Ft Lauderdale Posts: 289 My Photos Are OK to Edit Thanked 7 Times in 6 Posts My Gallery: (0)	Quote: Originally Posted by N0YZE Good to hear Joe! I see this guy as someone who couldn't capture the beauty of where he was at so he searched the Internet for a photo, and picked yours. Nah....I think he was never there to begin with.... The first PM back from him was him apologizing for a photo that I didn't even know he stole? I was mad about the Pelican Grand shot...and he apologized for my Top of the Rock shot in NYC....he used both of them!...Who knows how many more???? I think the guy is full of crap! He knew where he downloaded my shots from!...Why did he not credit me when he posted them? Cheers, joe Last edited by joemc; 10-25-2009 at 09:58 AM.

10-25-2009, 11:39 AM	#14
KmH Image Maker Join Date: Apr 2009 Location: Iowa Posts: 4,883 My Photos Are NOT OK to Edit Thanked 211 Times in 202 Posts My Gallery: (0)	Joe, Help! I've Been Infringed! \| Photo Attorney __________________ » » » » » » » » » » Price Update 3/14/10: Nikon D60 w/grip « « « « « « « « « « « « « Sale ends 3/21/10 - price updated 3/14/10: Nikon AF-S 70-300 mm VR G » » » Keith. . . .NAPP member - referral link: https://www.photoshopuser.com/signup/?aid=luhgxq&code=friend

10-25-2009, 12:37 PM	#15
UUilliam Photography student Join Date: May 2009 Location: Glasgow Posts: 1,104 My Photos Are OK to Edit Thanked 11 Times in 11 Posts My Gallery: (0)	hm... seems the forum is sticking up for him or just my name they dislike? I only just signed up today, haven't posted anything and now I am IP banned from that website :/ May I see what images? thats the only reason i signed up ... __________________ W I L L I A M Recuva - Lost files? get them back easily and for free! I agree to the Pact Request a tutorial (provide your image too.) Don't take all my advice as hard fact, you should do a little further research on what I say before accepting it as I am still learning myself therefore I may give wrong or bad advice but I do my best to give what I have picked up so far. Gear\|Canon 450D\|18-55mm f3.5-5.6\|75-300mm USM f4.5-5.6\|50mm II f1.8\|Opteka 500-1000mm mirror\| Accessories\|Manfrotto 680B Monopod\|484RC2 Ball head\|EOS 450D camera armor\|16gb + 8gb SDcard\|2x UV filter\|Macro filter\|Rocket blower\|3x mini tripods\|BG-E5 Battery grip + remote control\|Konig KN-Tripod35\|

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