Image theft, finally happened - DPChallenge Forums

Sigma 28-80mm f/3.5-5.6 Aspherical HF for Pentax

05/01/2006 07:13:40 AM · #1

I was reading a Dutch newspaper this morning when my eye fell on the announcements of people who died (don't know the right English word). For one of them they used this photo:

The setting and light is exactly the same and because I took it from a moving boat (I was the only one photographing) I am sure it is mine. I don't do stock and haven't sold the image in any other way.

Guess I'm going to mail the newspaper for the address of the organisation who put the announcement in the paper. The organisations ask a shitload of money for those. No reason to bother the family with this.

If the organisation is responsible I find it very low.

Philos

Canon EOS-30D

05/01/2006 07:18:51 AM · #2

That sucks Az, what newspaper was that (can PM me if you dont want to tell it here) then I can take a look at it...

It has happened to me too as to many others, I am seriously thinking of watermarking my images...

Pug-H

Pentax K10D

05/01/2006 07:25:51 AM · #3

Beautiful shot, there, and it was in the Obituaries of the newspaper?

MikeJ

Canon EOS-1D Mark II

Canon EF 24-70mm f/2.8L USM

05/01/2006 10:44:45 AM · #4

With the sailboats in the background, it will be real easy to line up your image on top of this one and see if there is a match. Just bring both images into Photoshop and size them as close to the same as you can. Create a new canvas, then copy both onto the new canvas (click on one, Ctrl A (select all) click on the new canvas, Ctrl V (paste). Click on the next one, do the same. They will be on top of each other. On the top image, change the Opacity to about 30% or whatever will let you see the one below it. Select the move tool (the 4 arrows) and move the top one around till everything is lined up. If it all lines up, it's probably yours. If it doesn't, then you will know it's not.

I've done this before on an image th at someone took. They flipped it so it was facing the opposite way than my original, but it was easy to do the same with my copy to match their version. There was no doubt that it was an exact match.

Mike

tapeworm_jimmy

Canon EF 85mm f/1.8 USM

05/01/2006 11:11:57 AM · #5

Man, that would really piss me off. So does anybody know how you would go about proving that this photo is indeed your own work, and you are not just claiming it is? Not that I am trying to say that this is what you are doing, but I am sure that if you were to contact the editor of this paper they would somehow try to discredit you for your work, wouldnt they?

Prof_Fate

05/01/2006 11:16:10 AM · #6

Originally posted by tapeworm_jimmy:

I assume the organization that placed the ad/article would have to show proof they can use the photo that way. When I do a shoot for an event and give the images to the event org, I give a letter autohorizing them to use the images. So they could show the letter, the file, the dates on teh files, etc as evidence they had the rights to the file.

In this instance they may have 'stolen' it, or bought it from somebody who stole it. You'd have to follow the trail back - and when you get clsoe to the theif you'll likely need a court order to produce any evidence, cause I doubt the theif will volunteer that he took it - most likley he'll stall about having the paperwork until forced to produce it - and that takes a court order.

05/01/2006 12:07:23 PM · #7

I have the original NEF for this image with my name in the unmodified exif, plus nobody can reproduce this larger than 800px wide (that is what they must have used). It has never been any larger on any website. It has only been uploaded to dpcprints as a larger size, but it hasn't been sold yet and you cannot dowload that one.

I am proud that the family has chosen this photo to use in the announcement, but I am not happy that someone else could be making money with it.

hanneke

Canon EF 24-70mm f/2.8L USM

05/01/2006 12:10:39 PM · #8

I think this one was used for uuhm... rouwadvertentie?? (sorry, don't know the english word)

First you have to be abslutely sure it's yours, ofcourse.

I'd wait for a while, wou;dn't jump on it immediately, then contact the family (?) and ask where they've got it from..

Good luck, hard decision!

Message edited by author 2006-05-01 12:11:06.

pawdrix

Nikon D700

Nikon AF Nikkor 85mm f/1.4D IF

05/01/2006 12:11:08 PM · #9

Sander-Is it possible that they grabbed the image?

05/01/2006 12:16:10 PM · #10

Originally posted by pawdrix:

Sander-Is it possible that they grabbed the image?

What do you mean by 'grabbed'?

My PC is protected by software and hardware firewalls, has up to date virus and spyware protection (never had any of that on my computer because I am pretty cautios with what I open).

05/01/2006 12:17:08 PM · #11

Originally posted by biteme:

I think this one was used for uuhm... rouwadvertentie?? (sorry, don't know the english word)

Yup rouwadvertentie, but first I'm going to try and find out the 'uitvaartorganisatie' to check with them.

hanneke

Canon EF 24-70mm f/2.8L USM

05/01/2006 12:17:55 PM · #12

lol!

I understand, but how would you know which one they used??

Canon EOS-20D

Tamron SP AF 28-75mm f/2.8 XR Di for Canon

05/01/2006 12:20:44 PM · #13

Originally posted by Azrifel:

Originally posted by pawdrix:
Sander-Is it possible that they grabbed the image?

What do you mean by 'grabbed'?

My PC is protected by software and hardware firewalls, has up to date virus and spyware protection (never had any of that on my computer because I am pretty cautios with what I open).

I'm guessing that he means grabbed it from an online portfolio.

pawdrix

Nikon D700

Nikon AF Nikkor 85mm f/1.4D IF

05/01/2006 01:10:20 PM · #14

Originally posted by Azrifel:

Is it possible the Family themselves got the image from an online portfolio somewhere?

Tamron SP AF 28-75mm f/2.8 XR Di for Canon

05/01/2006 01:24:47 PM · #15

Originally posted by pawdrix:

Originally posted by Azrifel:

Originally posted by pawdrix:
Sander-Is it possible that they grabbed the image?

What do you mean by 'grabbed'?

My PC is protected by software and hardware firewalls, has up to date virus and spyware protection (never had any of that on my computer because I am pretty cautios with what I open).

Is it possible the Family themselves got the image from an online portfolio somewhere?

I've got it up in 640px wide at Dpchallenge and Pbase, 800px at Trekearth.
So it could be possible that they took it from one of these sites. The possibility that the family itself used it is the reason why I am still saying 'could be making money', but since nobody asked me it is still theft.

Here is the paper scan and the crop they used side by side btw:

(clickable thumbnail)

Derf

Canon EOS-7D

05/01/2006 02:00:47 PM · #16

Hey, That is NOT your photo... The one they used was CLEARLY in Black
and White!! Why do I ALWAYS need to be the voice of reason around
here???

PhantomEWO

Canon EF 70-200mm f/2.8L IS USM

05/01/2006 03:05:42 PM · #17

clearly that is the same photo, same boats, shadows etc. If you really want to have fun you can file in small claims court for the value of the photo. You can easily value it using Alamy or MyLoupe as an example.
OR you could cut a deal for some free advertiseing for yourself as a photog in the paper or in future announcements from the printer as an exchange of goodwill. Suggestion, always insert a copyright notice in the digital file EXIF data of every photo before posting it anywhere. You can use PS or most other pait programs. Ya it can be changed but a lot of people are too stupid to know how or even care. If you go to court you can ask for their copy on disk and if they haven't messed it up you have proof of copyright statemtent. It looks like you did that. A friendly letter to the printer will result in them being very nice to you ;)

GuGi

Nikon D750

Nikon AF Zoom-Nikkor 70-200mm f/2.8 VR DG IF-ED

05/01/2006 03:18:46 PM · #18

Originally posted by Azrifel:

Originally posted by pawdrix:

Originally posted by Azrifel:

Originally posted by pawdrix:
Sander-Is it possible that they grabbed the image?

What do you mean by 'grabbed'?

My PC is protected by software and hardware firewalls, has up to date virus and spyware protection (never had any of that on my computer because I am pretty cautios with what I open).

Is it possible the Family themselves got the image from an online portfolio somewhere?

I've got it up in 640px wide at Dpchallenge and Pbase, 800px at Trekearth.
So it could be possible that they took it from one of these sites. The possibility that the family itself used it is the reason why I am still saying 'could be making money', but since nobody asked me it is still theft.

Here is the paper scan and the crop they used side by side btw:

(clickable thumbnail)

I think they must have read your profile and taken these wise words to heart:

"Because of the nature of time, the universe is, instant by instant, recreated anew.
Therefore there is in truth no past, only a memory of the past. Blink your eyes and the world you see next did not exist when you closed them.
Therefore the only appropriate state of mind is 'surprise'. The only appropriate state of the heart is joy. The sky you see now , you have never seen before. The perfect moment is now.
Be glad of it.

- Wen the eternally surprised -"

And they are probably surprised that since they closed their eyes and thought that the image was almost theirs, (there was no past (history)) and the sky they saw, was theirs, joyfully theirs.
If they had not seen it before, no one had seen it before, and certainly not taken a picture of something not seen before.

Better remove this wisdom from you profile, wonderful as it might be. It leads people to do all sorts of bad things.

And, might I add that it is a wonderful photograph, I like the yellow better. = Those people have neither memory, morals nor taste.

Message edited by author 2006-05-01 15:19:59.

Arti-Elvi

Nikon D70

Nikon AF Zoom-Nikkor 28-80mm f/3.3-5.6G

05/01/2006 05:00:18 PM · #19

That certainly sucks. Hope you'll find a good solution. Good luck!