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 Post subject: Unauthorised Copyrighted image use in advert ( Equestrian)
 Post Posted: Wed Mar 10, 2010 10:47 am 
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Joined: Fri Apr 24, 2009 9:40 am
Posts: 437
Location: West Sussex
Sunday morning I was photographing an unaffiliated equestrian event at a venue where I do a lot of work. Getting my bacon butty, I glance up at the horses for sale board where I see two adverts using pictures I have taken. The first was a picture that had obviously been bought and scanned, entirely likely that they may have requested permission to do so. The other was a picture I had taken at another venue, but it had been copied from my web site complete with the Copyright www.spidge.co.uk emblazoned right through the center of the picture.

Any advice on how to deal with it? I was irritated by the bare faced cheek of it, knowing that I photograph regularly at both venues. I run the risk of educating/upsetting the copyright thief and lsoing any potential new sales.


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 Post subject: Re: Unauthorised Copyrighted image use in advert ( Equestria
 Post Posted: Wed Mar 10, 2010 10:59 am 
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Joined: Fri Feb 20, 2009 3:24 pm
Posts: 98
Location: Manchester, North West England
send the company a bill for use of based on what you would normally charge if someone actually legitimately approached you plus 50% which you'll waive if they pay within x period of time. Doesn't need to be rude or aggresive just along the lines of "I noticed that you are using x and y images of mine on your ad at this show, as I have not received payment for use of the images in this way I enclose an invoice - I'm sure its just an oversight that you did not seek permission or pay the relevant fees prior to this" etc etc

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steph@angelphotography.co.uk
http://www.angelphotography.co.uk


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 Post subject: Re: Unauthorised Copyrighted image use in advert ( Equestria
 Post Posted: Wed Mar 10, 2010 11:04 am 
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Joined: Mon Feb 16, 2009 1:57 pm
Posts: 1108
Location: Rugby, Warwickshire
Tel: 07795 824 494
Peter,

I know exactly how you feel. I had a terrible day on Sunday. I was covering the GBSEL 4th Round Qualifiers at my local equestrian centre - the weather was perfect, a good turn out and my photos were on the money. Unfortunately, hardly anyone looked at the shots, let alone bought them. :(

When I got home, I did my usual task of uploading them onto my gallery. I then decided that I'd post a message onto the Facebook page for the equestrian centre. When I got there, I noticed at least 14 of my photos had been lifted from my gallery, without permission and still saying "Proof" all over them.

I then took the decision to take down the online gallery for the venue - which resulted in several curt emails from potential clients who wanted to view the photos from the weekend. One person was quite demanding as though it was her unalienable right to view the photos online after the event!

I have now changed my watermark for the online gallery so that is states quite clearly that it is illegal to use the photos without prior permission. By doing that, I remove the excuse "I didn't know I wasn't allowed to post them on Facebook"

I am not sure that there's a great deal that can be done when people scan the photos, but at least you got a sale for the print in the first place.

If I had been in your position, I think I'd probably have removed the advert from the board.

Simon

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http://www.simoncoatesphotography.co.uk

Missionaries walking backwards, touch them and they bleed
Might mean something to you, it means nothing to me...


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 Post subject: Re: Unauthorised Copyrighted image use in advert ( Equestria
 Post Posted: Wed Mar 10, 2010 11:53 am 
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Joined: Fri Apr 24, 2009 9:40 am
Posts: 437
Location: West Sussex
Thanks all, yes I have got to tackle it. Another job to add to the list....


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 Post subject: Re: Unauthorised Copyrighted image use in advert ( Equestria
 Post Posted: Fri Mar 19, 2010 5:00 pm 
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Joined: Tue Mar 10, 2009 1:55 pm
Posts: 687
Location: Cambridgeshire
Tel: 07764 996326
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Two elements to the whole copyright issue.

Firstly, those of us old enough to remember used to carry ALL the shot Negs and Transparencies of work and we were the conduit of all orders and income.. Then came along the low end scanners and early digital which produced two problems. Not only did the agencies we lodges photos with for them to sell on our behalf lose control of our images, the punter can copy them to.. Impossible to police.

Secondly, today our images are in the main PUBLIC domain, easily copied etc. I think in the case of someone using your image having bought it to sell a horse with your copyright clearly visible is an acceptable issue. You can lose a LOT of sleep of worrying on the Copyright scenario.. The secret is to make money on the day and on web sales with products they can't easily get like very well priced 16x20, mousemat etc.

in some markets you need to make your money and be content. Unfortunately there are many Event Scenarios where this is the case.


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 Post subject: Re: Unauthorised Copyrighted image use in advert ( Equestria
 Post Posted: Fri Mar 19, 2010 5:18 pm 
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Joined: Mon May 18, 2009 12:23 pm
Posts: 2123
Location: Northant's, Bed's, Buck's & Leic's
My Gallery: Please Look
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make money on the day


100% agree

Alan

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Offering onsight printing since 2001

www.photocall-events.co.uk


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 Post subject: Re: Unauthorised Copyrighted image use in advert ( Equestria
 Post Posted: Fri Mar 19, 2010 10:03 pm 
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Joined: Tue Mar 10, 2009 1:55 pm
Posts: 687
Location: Cambridgeshire
Tel: 07764 996326
Skype: capi_blanc
The point is that in times past we had a captive audience a "black art" and perceived
value. Today most photography aimed at a SOCIAL market in the Events Game. Granted there are professional photographers chasing megastars and sent out by agencies to capture that elusive photograph. And rightly so, those photos are put into agencies with all sorts of declared rights.

However, the likes of us will probably only create a "commercially" OPEN photo a handful of times in our lives. Agencies are absolutely FULL of every possible horse image every possible motor racing image, cheerleader et al. In other words things have been DONE!

Now consider that in times past the photographer had a black art a skillset and was trading within a 20mile radius of home so the retention of his image potetial was high. TODAY, every photo you take and display anywhere, proof sheet, sold print and Internet ADVERTISES your product and your skill. It is a fact that MOST of us make 80%+ of our living selling images on the spot.

If someone buys a print and scans it to sell a horse I ain't going to lose any sleep. How many kids scan your prom prints and share them round, answer ALL OF THEM.

So call me a phillistine but I try to MAXIMISE my onsite income and I don't lose any sleep if images are copied or repurposed afterward. In most cases the images are ONLY of value to the initial recipient and have no wider commercial application whatsoever.

Worry when you are commisioned by Getty Images to shoot a REALLY commercial opportunity or you start shooting for agency or commercial stock image gain. Or you just happen to witness and photography the assasination of the Pope!

And on the last note the stock images market is dire because there are now 2-3 billion photographers out there all shooting the swimming gala somewhere in the world on the same day.


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