Stolen Image

[pearson]

I was looking on FB last night and noticed one of my friends liked a page that sounded interesting (Motocross related) so I have a look at it. To my surprise I find one of my images taken at a recent track day being used as the cover photo for this page. The image was originally supplied to the owner of the track for use on his website with my watermark on it. The image was of two promo girls (one of whom is involved with this motocross related FB page). The image is small (800x600) and thus very pixelated but still clear enough to see the subjects. From what I can tell the image has been saved from the track owners website and re-used as their cover photo where they are claiming credit for the shot and all the kudos that goes along with it. They have cropped my watermark out of the image. I'm not at all concerned about who "likes" my images on FB but I damned well want the credit for MY work. I have contacted the page owners via a FB message asking them to either name me as the photographer or remove the image. They have declined to answer back and have left the image as their cover photo. Does anyone know anything I can do to put the wind up these people?

Any help would be appreciated. Thanks in advance :)

[WhoDo]

Report it to Facebook themselves and threaten a take down notice if they don't deal with the theft. Just my humble opinion of course. :confused013

[ricktas]

http://www.ausphotography.net.au/forum/showthread.php?124487-Image-quot-Theft-quot-How-to-Deal-with-it

[ricktas]

Along with my above link, there is another alternative. Use the power of social media against them. Gather all your friends, photographers and otherwise on FB to post to the page demanding to know why they are breaching copyright by using a photo that they do not have permission to use. Get your friends to spread the word, link to the page etc and use the power of social media to shame them into removing it!

Post the FB page in this thread, let AP members who are on FB join in and tell them they are breaching copyright. Nothing like a bit of social media power to get noticed and action taken.

[adza]

I think you're doing the right thing by contacting them in the first place and sound fair and reasonable with your request.

Unfortuantely if they choose not to comply, I'm not sure if there's much that can really be done. (Well, within reason - as legal action would be an overkill in costs, etc).

WhoDo suggested probably the best approach available, to complain to their hosting provider if they fail to reply (FB in this instance).

I do recall someone posting an idea here not long ago about sending an invoice, and if it wasn't paid selling the debt to a debt collector. Not sure how well it would work, but it's an interesting approach.

Good luck. Please keep us informed of how you go.

[Clark]

I have seen it a lot on Facebook. As I follow a few bike and car pages. It's amazing how quickly people will back peddle once one hundred people comment on the picture or post on the page that they are thieves. Just share the page if possible and get friends to share it and add that they are using your work without credit and have cropped off the water mark. The page will eventually take the picture down or apologise.

[pearson]

I've given them until 9pm Friday night to remove it or give me credit for the photo. If they fail to do either I think I'll take Rick's idea and post their page in this thread. Maybe a bit of outside pressure will get the result...:)

[farmmax]

This website was drawn to my attention about a year ago. Very interesting. The link is to his page on what to do with images stolen on Facebook. There are pages on images stolen from other social media.
http://picturedefense.blogspot.com.au/p/facebook.html

[Mark L]

I've given them until 9pm Friday night to remove it or give me credit for the photo. If they fail to do either I think I'll take Rick's idea and post their page in this thread. Maybe a bit of outside pressure will get the result...:)

Please do. I have an anonymous FB account that I've been dying to use for something.:)
(don't ask)

[Minya]

I know a magazine was that was produced with articles and pics in mid-2012 and the whole 60 page addition was pulled because the editor or whoever forgot to ensure that copyright disclaimers be sent out, and returned back signed as they should have been. This semi-professional organisation - (that's giving them more credit than is due) also had a previous incident going back about 10 years ago where an undisclosed amount was settled out of court when the person forgot to get permission for distributing of article.

Pearson: I think you have gone about the issue the right way. But at the end of the day you have been more than reasonable. One letter from a solicitor to the offending magazine asking for your name to be credited and apologies in the next issue would be enough to scare them. I am sure they will even pay your legal bills. If they don't they leave the doorway open to a complete lawsuit as at the end of the day they do not own that 'article' or in this case a 'picture.'

I hope things work out for you.

Regards
Michael

[ricktas]

I know a magazine was that was produced with articles and pics in mid-2012 and the whole 60 page addition was pulled because the editor or whoever forgot to ensure that copyright disclaimers be sent out, and returned back signed as they should have been. This semi-professional organisation - (that's giving them more credit than is due) also had a previous incident going back about 10 years ago where an undisclosed amount was settled out of court when the person forgot to get permission for distributing of article.

Pearson: I think you have gone about the issue the right way. But at the end of the day you have been more than reasonable. One letter from a solicitor to the offending magazine asking for your name to be credited and apologies in the next issue would be enough to scare them. I am sure they will even pay your legal bills. If they don't they leave the doorway open to a complete lawsuit as at the end of the day they do not own that 'article' or in this case a 'picture.'

I hope things work out for you.

Regards
Michael

This is a facebook page, not a magazine, in the instance being discussed in this thread. The difference in relation to getting a solicitor involved is that facebook pages generally are not real businesses, and make no income, so the chance of making anything out of it (monetary wise), to even cover the solicitor costs are unlikely.

[JDFSandH]

Just read through this thread. Any response or results to report?

[hightone]

Found this online and hope it helps - http://www.aphotoeditor.com/2011/06/01/what-to-do-when-your-image-is-stolen-online/

[pearson]

I didn't ask for much, just some credit. Apparently some people don't think others deserve to get a wrap for their work. I would have thought Krank Riderz would be more interested in generating goodwill with an entity that could possibly have assisted them in the future. Apparently not.

[ricktas]

https://www.facebook.com/Krankriderz?fref=ts

this page? and is that still your photo at the top?

[Mark L]

Only took three comments and the photos gone.:th3:

[pearson]

Yep Rick, that's the page. The image is now gone due to some well worded comments on everyone's behalf so thankyou for your help and being diplomatic. I sent them 2 messages to which i received no replies or action until you guys got involved. I've pasted the messages below:

Conversation started October 1







10/1, 8:02pm




John Pearson



Just saw one of my friends liked your page so came over for a look, I noticed you are using one of my photos (On The Pipe Images) as your cover photo with the watermark removed...No problem you using it so long as I get the recognition for taking the actual image. Please tag On The Pipe Images in this image and give credit where it's due. I can supply a hi-res unwatermarked copy of this photo for your page for $20. If not happy to help spread the word about my page then please remove the image from yours.
.

...

October 3







10/3, 9:28pm




John Pearson



Not sure who it is running this page but I am obliged to tell you as the admin of On The Pipe Images that you are in breach of copyright laws by using the cover photo you have displayed on your page. I have previously asked you to tag On The Pipe Images in this photo and give me photographers credit for the image (if you do this I have no problem with you using it) but if you are not happy to give credit where it is due then remove the image from your page. I have the original image and can prove it was taken with my camera. What you do next is up to you.
.

...

Thanks again everyone for your help. It's redeeming to get a win!! :)

[ricktas]

I wonder if the messages went to the 'other' folder in their inbox. So many people do not even realise there is an 'other' folder and do not see the messages.

[pearson]

Have no idea??? I just wrote to them thanking them for taking it down. If they don't reply maybe I'll post on their wall?

[Mark L]

Such a pity they cropped the best part of the photo out.:lol2:

[pearson]

That's gold!

[Image Witness]

Good result in the end. That said they look to have been a commercial business taking this action, You would have been within rights to take it further i suspect.
Still if its your industry, they could be a potential future client. Might pay off in the long run.

Matt
www.imagewitness.com (http://www.imagewitness.com)

[binnie]

Im Glad you got a good result. i always think about copyright when im browsing FB unfortunalty its all too comon... and i hope it was just a missunderstanding