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12/07/2006 10:07:34 PM · #1 |
Well, I guess is was just a matter of time before it happened.
Someone lifted some of my images without my consent and are using them for their own benefit.
I was checking some images that I have posted on terje's personal web site, Mr. X. I noticed a comment on one of the images asking if the image could be used. I just noticed the comment today, but it had been posted back in Sept of this year.
So, I decided to google the band name left in the comment and found a MySpace.com web site: The Hostage Situation. They're a small-time band out of Arizona.
An yep, wouldn't you know it? They lifted two images from the web site and are using them on their MySpace.com web site. One image is used as their main page background and another image posted on their MySpace.com "View my: pics" page has been modified and may have been used for posters or a CD cover.
Bummer. Never gave them any consent for nuthin'.
Anyway, I contacted the big cheeses at MySpace.com and informed them of the situation as well as reminding them politely of their Photograph Submission Policy that in part states "Uploading images of other people without their permission is also prohibited." I also sent a polite but firm email to The Hostage Situation to tell them to stop using my images for any purpose whatsoever.
Anyway, that's about it. I'm on the road today and had no one to tell my story to, so there it is.
Thanks for listening. |
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12/07/2006 10:23:48 PM · #2 |
| Bands can be jerks. They do this sort of thing all the time. Somehow all these guys get to thinking that they are Rockstars even though their gigs are usually for 10 friends at a local club. Sorry to hear that they ripped those. |
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12/07/2006 10:30:27 PM · #3 |
I don't know if you gave them consent to use it now, but they seem to have gotten your message but didn't take it down.
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12/07/2006 10:41:19 PM · #4 |
Originally posted by boomtap:
Bands can be jerks. They do this sort of thing all the time. |
I concur. Some years ago, the manager of Steppenwolf asked me to illustrate an album cover for the band. They wanted a carnival scene and everyone in it to have wolf heads (a very difficult illustration). What gave me pause is that they wanted me to draw several versions and if they liked one, then they'd pay me. No thanks! :-/ |
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12/07/2006 10:58:46 PM · #5 |
I also like how they bastardized the Jack Daniels brand >:(
NOT COOL
-dave
*hmm I wonder If JD knows about their good brand being treated in this way.
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12/07/2006 11:02:44 PM · #6 |
Originally posted by scalvert:
Originally posted by boomtap:
Bands can be jerks. They do this sort of thing all the time. |
I concur. Some years ago, the manager of Steppenwolf asked me to illustrate an album cover for the band. They wanted a carnival scene and everyone in it to have wolf heads (a very difficult illustration). What gave me pause is that they wanted me to draw several versions and if they liked one, then they'd pay me. No thanks! :-/ |
Good call. Best decision you could have made. |
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12/07/2006 11:04:41 PM · #7 |
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12/07/2006 11:38:14 PM · #8 |
| You did register them, right? |
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12/08/2006 02:06:44 AM · #9 |
Originally posted by Beagleboy:
... I also sent a polite but firm email to The Hostage Situation to tell them to stop using my images for any purpose whatsoever. ... |
Send them a bill for the past use of your images -- that will get their attention a lot quicker than any email. |
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12/08/2006 02:14:46 AM · #10 |
Originally posted by David.C:
Originally posted by Beagleboy:
... I also sent a polite but firm email to The Hostage Situation to tell them to stop using my images for any purpose whatsoever. ... |
Send them a bill for the past use of your images -- that will get their attention a lot quicker than any email. |
Don't forget to add a premium for using them without consent, say another %500 on top of what you normally charge.
Too bad you can't send on your office letterhead.
Message edited by author 2006-12-08 02:16:45. |
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12/08/2006 02:42:37 AM · #11 |
Maybe they are holding your images hostage. Thus the situation.
Sorry I couldn't resist. |
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12/08/2006 02:47:40 AM · #12 |
I'd ask myself these questions -
How much money is this costing you?
Are the band using your images in a way that casts them in a bad light?
If the answers to those questions are "nothing because they wouldn't buy the rights" and "no", then I'd be tempted to move on, or at least not spend valuable time on the matter. |
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12/08/2006 08:09:15 AM · #13 |
| Aren't the bands the ones screaming the loudest about people stealing their music...how ironic. |
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12/08/2006 08:35:42 AM · #14 |
| Not only are they theives, but their band sucks too! And they're ugly. And they probably smell funny. Gosh, am I being cynical? Is it the photo of the guy tied to the chair? That's a great shot, and I can see why they wanted it, but wrong for them to use it the way they did. Good luck! |
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12/08/2006 09:40:09 AM · #15 |
Originally posted by sabphoto:
Aren't the bands the ones screaming the loudest about people stealing their music...how ironic. |
If you stole their music they would scream until it was front page news. I can honestly say in all my dealings with bands, they ask forgivness not permission for everything.
Side note: Everyband thinks that they are the greatest band in the history of earth. They probably feel that you would be honored to have your photograph on their album, mainly because the demo they tracked in the basement of the roadies/sound guy/slacker's house is so good it is going to go tripple platnuim when they figure out how to get it played on the radio...right?
Message edited by author 2006-12-08 10:15:43. |
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12/08/2006 09:57:48 AM · #16 |
| In addition to any realistic fees I would ask to show the credits to the photograph in any comercial use. |
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12/10/2006 07:44:50 PM · #17 |
Situation resolved.
The images have been pulled by the offending web site. |
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12/10/2006 07:51:21 PM · #18 |
Originally posted by Beagleboy:
Situation resolved.
The images have been pulled by the offending web site. |
Personally, I would not stop there, I'd invoice them for the usage, even though they have stopped. Too many people believe that infringement is OK and that simply pulling the stolen images absolves them of any liability. It doesn't. The artists is entitled to compensation for usage for the period that the images were being infringed.
You are free to leave it as you wish. |
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12/10/2006 08:14:09 PM · #19 |
Originally posted by Spazmo99:
Originally posted by Beagleboy:
Situation resolved.
The images have been pulled by the offending web site. |
Personally, I would not stop there, I'd invoice them for the usage, even though they have stopped. Too many people believe that infringement is OK and that simply pulling the stolen images absolves them of any liability. It doesn't. The artists is entitled to compensation for usage for the period that the images were being infringed.
You are free to leave it as you wish. |
Not a bad idea, but there is very little contact info on the myspace.com web site and I have done some Google work, but didn't come up with much. These are very small potatoes, me thinks.
I'd really appreciate it if anyone could drag up info (mailing address) for these creeps. |
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12/10/2006 08:40:15 PM · #20 |
Based on the friend comments, looks like one kids' name is Brandon. There is a separate profile for him singly. Brandon Lee Kellum, Glendale, AZ
You can get a phone number from US Search, but it will cost $40. |
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12/10/2006 08:42:47 PM · #21 |
dupe -- oops!
Message edited by author 2006-12-10 20:43:15. |
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12/10/2006 09:15:02 PM · #22 |
Originally posted by Beagleboy:
Originally posted by Spazmo99:
Originally posted by Beagleboy:
Situation resolved.
The images have been pulled by the offending web site. |
Personally, I would not stop there, I'd invoice them for the usage, even though they have stopped. Too many people believe that infringement is OK and that simply pulling the stolen images absolves them of any liability. It doesn't. The artists is entitled to compensation for usage for the period that the images were being infringed.
You are free to leave it as you wish. |
Not a bad idea, but there is very little contact info on the myspace.com web site and I have done some Google work, but didn't come up with much. These are very small potatoes, me thinks.
I'd really appreciate it if anyone could drag up info (mailing address) for these creeps. |
Have you tried contacting the admins at myspace? I would think that the liability they have for hosting the stolen images would make them more than cooperative.
OCILLA
Message edited by author 2006-12-10 21:18:41. |
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12/13/2006 10:15:57 AM · #23 |
If you find their names, whitepages.com has free searches. It might not work if they live with their parents, but it might be worth a shot. Also, if they're in college, on facebook.com sometimes people list phone numbers. Good luck!
Btw, I dug a bit, and found the guitarist's name is Varay Porter (not definite, but pretty sure), and he's a sophomore at Arizona State University.
Message edited by author 2006-12-13 10:27:06. |
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