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02/26/2007 09:39:32 PM · #1 |
| Today I was searching the internet for images about sexual assault to get inspiration for a package on my school newspaper. I ran across This sight and immediately recognized an image halfway down the page to be the winner of the 'Tacks' challenge. No credit was given and I contacted Tranquil, he had no idea about it and is understandably upset. So what would you do from here. I decided to check out a few other pages to see if I recognized anything else but didn't have time to do much. If you have a moment you may want to check and see if any other popular dpc faves show up. |
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02/26/2007 09:48:07 PM · #2 |
This is the information they give on their About Us page:
The deal.org Program was started in 1997. Affiliated with the Royal Canadian Mounted Police, deal.org is, above all else, an information and prevention tool for youth.
By addressing a variety of subjects through our website, the program hopes to encourage youth throughout Canada to make healthy, informed decisions and to get involved in their communities.
The site consists of four distinct projects, our digital library ΓΆ€” the Knowzone ΓΆ€” the Toolbox, the Local Sites and the Webzine, all of which contain content and resources developed specifically for youth.
I'm not sure if I should pursue this and if so, what to do. Had they e-mailed me and asked for permission I would have most likely obliged so long as it wasn't to be used for any type of profitable purpose -- however, this site seems to be professionally run and it strikes me as unusual that they would steal and then alter my image without my permission. I have had images stolen in the past but usually it is just idiots who try to pass off an already well-known image as their own. This case is a little different for me and any advice would be greatly appreciated.
Thanks,
Lee
And thanks to David,  trnqlty for bringing this to my attention. The image is:
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02/26/2007 09:51:28 PM · #3 |
since they're affiliated with the police/government they should be doing the right thing regarding image copyright.
if you don't mind them using your image, then i suggest you contact them, remind them that it's illegal and give them permission (with credits and a link).
otherwise ask them to remove the image completely.
because of their position, they'll have no choice but to remove the image ... they'll probably also ask the web designer to check the origin of other images too.
personally, i wouldn't mind a group like this using an image for free ... as long as proper credit was given.
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02/26/2007 09:52:55 PM · #4 |
Even if you don't want to pursue legal recourse or ask them to remove the image, you should at least contact them and start some kind of dialog. You may get credit on the site. You may help them avoid legal action in the future from using another image from a photographer who won't think twice about putting them through the wringer.
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02/26/2007 09:54:18 PM · #5 |
Originally posted by super-dave:
personally, i wouldn't mind a group like this using an image for free ... as long as proper credit was given. |
Yes, I agree.
Originally posted by Spazmo99:
you should at least contact them and start some kind of dialog. |
Any suggestion on wording? I don't need to attack but I also want them to know that I am serious.
Lee |
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02/26/2007 10:08:01 PM · #6 |
One of the things to consider is the web designer. Probably ilfted the image... the client (thedeal.org) most likely doesn't even know that it is not properly purchased.
I would consider sending them a bill for the use w/o credit and allow them to continue to use it if credit is added. This way you can bet that the original web designer will hear about it and be corrected for their future as well.
Another way is to find out who the designer is and send THEM a bill. They most certainly got paid for building the website and the end client (thedeal.org) may think the image use was included in the bill.
Just a few thoughts.... this image theft isn't going to stop unless me make it. |
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02/26/2007 10:10:47 PM · #7 |
Originally posted by Tranquil:
Originally posted by Spazmo99:
you should at least contact them and start some kind of dialog. |
Any suggestion on wording? I don't need to attack but I also want them to know that I am serious.
Lee |
I suggest taking a typical Cease and Desist letter and rewording it to tone down the threat of legal action. You want to tell them that you hold the copyright to that image, that they are infringing on your copyright (is the image registered?), here's what could happen (if they were to do it to someone not as understanding and supportive of their cause), and here's what you want them to do in this instance.
I noticed the website is based in Canada, that could complicate things, I dunno.
Message edited by author 2007-02-26 22:12:15.
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02/26/2007 10:13:32 PM · #8 |
| The image is not a registered copyright, but it has not been sold to any agency either. The fuzzy part for me really is that the Canadian policy may be different than the US one -- I vaguely recall that there are discrepancies in the two countries' internet policies. |
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02/26/2007 10:15:43 PM · #9 |
I think just asking them to take it down should suffice. Or at least give credit. I don't imagine they would have a problem giving credit. If they do? Well, I don't want to imagine that as I don't think it would be a problem. As for being in Canada? It doesn't matter. They will concede credit or take it down.
Just as an aside, if you do a google image search, "Spike a Drink" has Tranquil's image as the number two hit. The first is kinda boring. Maybe I'll title all of mine as "untitled" from now on. :)
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02/26/2007 10:16:39 PM · #10 |
Originally posted by Citadel:
Just as an aside, if you do a google image search, "Spike a Drink" has Tranquil's image as the number two hit. The first is kinda boring. Maybe I'll title all of mine as "untitled" from now on. :) |
LOL |
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02/26/2007 10:20:44 PM · #11 |
spazmo99 suggests a toned down cease and desist letter.
i'd take a different approach. write to them and remind them that copyright violation is $150,000 fine per offense.
say that you understand it was probably the web designer who lifted images to avoid paying copyright.
then say that because they're a public service group, that you don't want to pursue legal action.
then recommend a course of action. say:
a: contact the web designer and inform them that they've used copyright images illegally.
b: remove images from their website that they don't have copyright permission to use.
c: they may continue to use your image if they include your name and a hyperlink to your website directly under the image.
then remind them that if they don't follow a reasonable course of action to remove the image or give credit, then you'll be pursuing legal action.
being a public service group, they're going to take your letter seriously. no need for threats, but back it up with a warning.
i think they'll be very, very helpful ... especially if you advise them to kick their web design company in the ass for compromising their professionalism and integrity with stolen website images! :)
good luck with it.
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02/26/2007 10:23:07 PM · #12 |
| Thanks Dave -- I think I will do something that is more towards what you have suggested. |
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02/26/2007 11:18:48 PM · #13 |
Originally posted by super-dave:
i'd take a different approach. write to them and remind them that copyright violation is $150,000 fine per offense.
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Is it?
I heard $100K, but that also assumed that both parties are in the US. The website is based in Canada, so that effectively makes it an international matter, the laws may be different. In case they decide to play hardball, you want to make damn sure you have your facts right, even on seemingly trivial matters such as this.
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02/27/2007 12:16:12 AM · #14 |
I am Canadian :) now that thats out of the way.
Now that thats out of the way, I agree that who ever the web master is should get a kick in the ass BUT being that the site looks to be backed by the Canadian Gov and the RCMP (Royal Canadian Mounted Police) I think that your best course of action would be to contact the RCMP directly and inform them of the infringement. Then say if the photo is not removed or proper credit made then legal action WILL be taken. I'm sure they will promptly resolve the issue as if the media around here catches wind of this they would have a field day with it.
You would be surprised on how crooked a lot of Ad agencies are in Canada, I've run in to similar issues here (thats about all I can say legally about my incident) and esp if the Gov is involved it usually gets resolved rather quickly and quietly ;)
-dave
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02/27/2007 01:07:32 AM · #15 |
Originally posted by Spazmo99:
Is it?
I heard $100K, but that also assumed that both parties are in the US. The website is based in Canada, so that effectively makes it an international matter, the laws may be different. In case they decide to play hardball, you want to make damn sure you have your facts right, even on seemingly trivial matters such as this. |
hey mate ... i got that info from this thread:
//www.dpchallenge.com/forum.php?action=read&FORUM_THREAD_ID=539600
Originally posted by MikeJ:
Actually, there is. They have several different catagories of infringement. Willful infringement and willful infringement for profit are two of them. The willful infringement for profit can kick the penilties up to $150,000 or more for each incidence. |
this might be based on having your images registered already ...
edit: fixed linky!!
Message edited by author 2007-02-27 01:07:53.
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02/27/2007 02:10:49 AM · #16 |
| Interestingly, if you look at November's articles, credit is given to sources - with one identified just as Creative Commons. |
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02/27/2007 02:15:15 AM · #17 |
Originally posted by dknourek:
I am Canadian :) now that thats out of the way.
Now that thats out of the way, I agree that who ever the web master is should get a kick in the ass BUT being that the site looks to be backed by the Canadian Gov and the RCMP (Royal Canadian Mounted Police) I think that your best course of action would be to contact the RCMP directly and inform them of the infringement. Then say if the photo is not removed or proper credit made then legal action WILL be taken. I'm sure they will promptly resolve the issue as if the media around here catches wind of this they would have a field day with it.
You would be surprised on how crooked a lot of Ad agencies are in Canada, I've run in to similar issues here (thats about all I can say legally about my incident) and esp if the Gov is involved it usually gets resolved rather quickly and quietly ;)
-dave |
I agree that a polite letter noting their "error" and requesting a reasonable and rapid resolution has the best chance of a positive outcome all around -- good luck! |
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