Website Stealing Images- Warning,Request for Help/Advice?

[NickPeterman]

Hello All,

I am sure we have all seen the rash of Facebook pages illegally using images these past few months. As disturbing as they are, the idea of a website in the USA knowingly, and willingly hosting images that have been stolen and illegally re-posted is even more egregious. Yet that is exactly the situation that I, and I suspect more unknowing photographers, find ourselves in. As such, I am writing first to warn photographers to check out Patricksaviation.com for stolen images of their own, and second to ask for advice.

I first became aware of the stolen image (URL : http://www.patricksaviation.com/photos/SAS73/42397/ ) a day or two after it was posted. At that time I immediately used the contact feature on the website to notify them of the situation. It would seem that at least one of their users subscribes to the fallacy that giving credit and having approval to use a photo are one in the same, which many of us know is far from the truth. Now, more than two weeks later, and after emailing the owner of the website himself, as well as commenting on the image requesting its removal, nothing has been done. They have not even taken the time to issue a response.

I'll admit that this is a very new situation for me, andI know my options are likely limited at this point, but I would love to hear other people's thoughts and ideas on the issue. I know that none of us like to see our images used sans permission. I can only hope that a little awareness, and perhaps discoveries of new images posted without permission will lead to the site fulfilling it's legal obligations to take down illegally posted pictures.



Regards,

Nick Peterman

[eric8669]

at least they gave you credit and acknowledge that you took the photo.

[NickPeterman]

Sadly, that is exactly what they want you to say. If someone took your car, but painted on the hood "Property of John Doe" it wouldn't legitimize their actions. And if we, as a community of photographers decide to condone use of our images without permission, no one will ever respect copyright of said images.

[eric8669]

Yeah, I know what you are saying, but in this case they are just posting your image and giving you credit. I believe in a Creative Commons(non commercial) approach to my images. You can post them, just give me the credit.

[megatop412]

So this is the place you were having the problem with the Kfir photo.

I read one of the recent threads on the 'other' site about this topic and some of those chaps seemed to reccommend a range of responses, from billing the person(s) using the image to threatening legal action.

I'd say, if everything is contained within the US, you can respond with the weight of the American legal system and copyright law behind you. However, on that other site it wasn't, and things get very complicated. One person even detailed how he obtained the 'proof' that the other site had been using his images, not with a simple screenshot, but he had to actually get a person in a position of authority to validate that that was happening independently. Don't ask me how he did it, but it was in another country. Once he did so, the offending party was essentially forced to pay him for the use of the images.

The same thing happens all the time with online music 'sharing'. I never gave permission for any of my music to be posted on the internet for anyone to download, yet there it is. I created it, but another person does what they want with it.

Because this sort of thing seems to be relatively new, with few precedents, there really is no central way of solving these things until a concerted effort is made to develop a systematic approach to dealing with these offenses. In the meantime, you are only limited by your creativity.

This is one reason I'm glad I don't have any images on that site, and that I'm not on FB.

[gonzalu]

Hey Nick... I understand your position and I am on your side. Eric's position is his and I respect that as well... however, Eric, you MUST respect other's rights too. You can;t simply say that it is not a big deal. Giving credit is CERTAINLY NOT what I would expect. I expect NOT STEALING first. Only way to do it properly is to post a LINK to the original. If the site was a NEWS SITE and they were wring a story, a legitimate story, they are allowed to make a small caption ( I believe, and William and Jason can correct me if I am wrong legally ) and then make a proper caption and attribution with a link to the original. Even then, a proper news organization will ask for permission.

Nick, it seems the image is still being used without your permission. You should step up your pursuit and go to the ISP and see how far that gets you.

Finally, if you're really peeved, get a lawyer

[eric8669]

Of course permission has to be granted in all cases first.

[megatop412]

Hey Nick... I understand your position and I am on your side. Eric's position is his and I respect that as well... however, Eric, you MUST respect other's rights too. You can;t simply say that it is not a big deal. Giving credit is CERTAINLY NOT what I would expect. I expect NOT STEALING first. Only way to do it properly is to post a LINK to the original. If the site was a NEWS SITE and they were wring a story, a legitimate story, they are allowed to make a small caption ( I believe, and William and Jason can correct me if I am wrong legally ) and then make a proper caption and attribution with a link to the original. Even then, a proper news organization will ask for permission.

Nick, it seems the image is still being used without your permission. You should step up your pursuit and go to the ISP and see how far that gets you.

Finally, if you're really peeved, get a lawyer

Jason's the lawyer, I'm the psychologist, the guy you call when you need someone talked out of jumping off a bridge(warning: past results do not guarantee future performance)

[PhilDernerJr]

If it's a foreign site and they refuse/don't take down the image, the best thing to do is for everyone here to flood the site with vulgar comments and flaming until they take it down.

Nick, all of this action, of course, with your permission.

[PhilDernerJr]

I'd like to add that, I personally do condone the complete and total comment flaming on a site like that when there are such few options for getting justice for your theft. For many of us, it's the only way to defend ourselves from the rampant theft that so many of us have experienced. We cannot tolerate it. It infuriates me and people WILL be held accountable.

I thought this was a foreign site, but I see it's not. Email them, tell them to take it down. If they don't send letters, get more info about them and keep contacting them. I know several of us would be willing to call them until they have no choice but to remove it. The only way to can battle this sometimes is if we stick together.

[MarkLawrence]

Just a question to everyone - how do you check for you images being on other sites? Is there some kind of batch checking procedure that people use?

[Cary]

Just a question to everyone - how do you check for you images being on other sites? Is there some kind of batch checking procedure that people use?

http://images.google.com - then drag in one of your photos (from JP.net, a.net, etc.)

[megatop412]

Thanks Cary, I was wondering that myself

[MarkLawrence]

Thanks Cary!

[gonzalu]

Also, Tineye

http://www.tineye.com/