My Image was STOLEN!!

Yes I am. And I won't take this thread down until my photo is removed. I WOULD not create a photograph like she has with MY photo, so it is misrepresenting me as a business if someone becomes aware that its the same photo.
First and foremost, I sympathize with you completely however two wrongs do not make a right, and therefore the other images have been removed. With respect to taking down this thread, that's not a decision you are empowered to make.

Finally, what are New Zealand's laws on derivative works? It's possible that she may not be violating your copyright (I don't know, I know nothing about your law, but since yours are somewhat similar to ours, it's a possibility).
I've attached the laws to do with derivative law, and it is only acceptable for education and the like.
 
Yes I am. And I won't take this thread down until my photo is removed. I WOULD not create a photograph like she has with MY photo, so it is misrepresenting me as a business if someone becomes aware that its the same photo.
First and foremost, I sympathize with you completely however two wrongs do not make a right, and therefore the other images have been removed. With respect to taking down this thread, that's not a decision you are empowered to make.

Finally, what are New Zealand's laws on derivative works? It's possible that she may not be violating your copyright (I don't know, I know nothing about your law, but since yours are somewhat similar to ours, it's a possibility).
I've attached the laws to do with derivative law, and it is only acceptable for education and the like.
I'm certainly not qualified to interpret them, so I won't even try, and I don't dispute what you say, just offering a thought.
 
The laws in Newzealand are made in favour of the artist, which is great.
I wish the same could be said for America. But laws are different.
Here's the example:
American Fair Use Law-
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement. - See more at: What Is Fair Use - Copyright Overview by Rich Stim - Stanford Copyright and Fair Use Center

Newzealand Fair Use Law (known as fair dealing here)-
Can I make "fair use" of material in New Zealand?
Yes you can. But our copyright law defines "fair use" more specifically. It applies only to copying for the purpose of criticism, review, news reporting, research or private study.

The Act allows for certain permitted acts to be exempted from copyright restrictions.

  • Fair dealing; for purpose of criticism, review, news reporting, research, private study.
  • certain educational purposes
  • time shifting of TV programmes for viewing at a later time
  • format shifting of music
  • back up of computer programmes
  • making copies in Braille.
Again, not familiar with the laws in NZ, but you're citing fair-use, NOT transformation/derivative work. Are you certain your interpretation is correct? One thing that ALL countries with a legal system have in common is that the system is so complicated as to make it virtually impossible for the layman to accurately interpret it. In fact in many cases, lawyers can only take a 'best guess' and judges will make their own interpretation based on precedence, experience and their understanding.
 
You really should contact a lawyer.
 
Hi.

Did i read that if you take a screen shot on your computer, rather than save the original photo, you are not braking any law as it`s just the same as taking a photo in a public place.

This might be wrong as i might have just dreamed it up. :black_eyed:

John.
 
Hi.

Did i read that if you take a screen shot on your computer, rather than save the original photo, you are not braking any law as it`s just the same as taking a photo in a public place.

This might be wrong as i might have just dreamed it up. :black_eyed:

John.
Only if you are a monkey. or know a monkey, or smell like a monkey . . . something like that. :confused:
 
Yes I am. And I won't take this thread down until my photo is removed. ...........

How old are you? Two? Three? Four?
Can you please remove yourself from this thread. I don't need to be insulted. Thanks.

Nice editing to remove the insult from the original post. I would suggest you put 480sparky on ignore, they seldom contribute anything helpful to a thread. They simply have to be center of attention.

Good luck getting your photo removed, that sucks!
 
An online photography forum is not a reliable place to be seeking legal advice.
Here in the USA copyright is also established as soon as a work of intellectual property is recorded on a tangible medium.

Registering US copyrights with the US Copyright office secures US copyright owners the option of pursuing an infringement award for statutory or actual damages. Without registration we can only file suit for actual damages.
Those US copyright laws dealinfg with registration are defined in another section of US Copyright law separate from where it states that copyright begins as soon as a work is recorded in a tangible medium.

New Zealand copyright law may well have a similar copyright registration requirement codified in another section of New Zealand copyright law, since many countries do.

So as mentioned you really need to consult with an attorney familiar with New Zealand copyright laws.

BTW- This is what the Federal US Copyright office says about Fair Use in the USA:
More Information on Fair Use U.S. Copyright Office
 
If the photo was on Facebook it puts it under their Terms & Conditions. I'm not up on their latest terms for usage and don't know for sure how that affects this.

It's hard to know since copyright is different in another country but the best procedure I think is to have gotten a release along with a contract to be covered. If the client or customer violated the contract that was signed that would seem to make it worth contacting a lawyer.

Did she pay for the photos? I'm not clear if this was a client. Seems like once she would have paid then she'd be able to use and post them, and if she has a digital file I don't know that there's a good way to prevent the photo being altered. I think that's why photographers often provide a print as well as an appropriately sized copy for social media use.
 
People use my photos all the time, and by that, I do not mean once or twice- literally, all of the time. I find it kind of flattering, actually.
 
I have reported the copyright violation to Facebook and left a message,
But OMG what did she do to it!!!!!
(This was taken a few years ago too lol embarassing as it is- its still better than that atrocity!!!!)
Anything else I can do?
Can't believe the cheek of stealing someone else's work and claiming its yours, and writing down that its copyrighted to you!!!! MY GOD!
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Call me Ishmael, but I wouldn't get into an argument with a cannibal.
 
i dont know about anyone else, but im more interested in what the persons response was, if any.
 

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