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DPChallenge Forums >> Rant >> Is this illegal?
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Showing posts 26 - 50 of 102, (reverse)
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 02/04/2008 12:02:34 PM · #26
Originally posted by blindjustice:
You can't claim that your shot is a copyright of that building-can you? Only if you tweak it or manipulate it enough. Whose to say that I didn't paint that picture based upon my own photo of the church, oe en plein aire right from that same spot?

The unique pattern of building lights, cloud positions, pedestrians, passing birds, etc. can all serve to identify an image as your unique copyrighted work, even if the subject has been photographed a million times before from the same angle.
 02/04/2008 12:15:47 PM · #27
This guy is making a killing off selling these photos.
 02/04/2008 12:25:29 PM · #28
Originally posted by Dirt_Diver:
This guy is making a killing off selling these photos.


Is he selling photos? I don't think so. Sure, the paintings may be close to the photos but they're definitely not photos.

(I'm NOT saying it's right)

ETA: one word missing changes everything. I think faster than I can type.

Message edited by author 2008-02-04 12:43:18.
 02/04/2008 12:28:19 PM · #29
Originally posted by cpanaioti:
Originally posted by Dirt_Diver:
This guy is making a killing off selling these photos.


Is he selling photos? I don't think so. Sure, the paintings may be close to the photos but they're definitely not photos.

(I'm saying it's right)


yeah sorry that is what I mean. Selling paintings. Look at his feedback on ebay. He is making a ton
 02/04/2008 12:32:41 PM · #30
Originally posted by blindjustice:
But if I went out into the woods and waited until deer came up over that bluff the same way, and got the shot, would I not be allowed to sell it because you already took that same picture?

I am all for photographers rights, but down claim the right to the Brooklyn bridge.


You misunderstand copyright - you are allowed to produce the exact same thing through your independent arrival at it. You are prohibited from copying someone else's work.

In your example, if you take exactly the same picture of something as someone else, then no problem (except perhaps proving that you did so on the balance of probabilities). If you copy the other person's work (eg take a picture of their picture - or more relevantly, paint a copy of it) to get that image, then that is a breach.

Message edited by author 2008-02-04 12:38:53.
 02/04/2008 12:38:20 PM · #31
Originally posted by AlexSaberi:
Photo

Found my photo turned into some art piece being sold. Whats the score?


It is unlawful - a breach of copyright.

You are doing the right thing looking to his profits (though you might not receive an accurate answer).

There is not much doubt of the copy - he has really followed your image!

Let me know if you have any questions or need any advice - I can help out.

Cheers

M
 02/04/2008 12:41:59 PM · #32
I'd feel extremely twitchy if it were my stuff.. I don't think alexsaberi has the placed a creative commons license for his work to be used for further art..
02/04/2008 02:26:37 PM · #33
Originally posted by Matthew:
[quote=AlexSaberi] Photo

Let me know if you have any questions or need any advice - I can help out.

Cheers

M


Cheers matthew. I may well need to ask some questions, depending on what answers if any he comes up with. I would really like others to check out his other "work" and find out if others are ripped off.
 02/04/2008 03:00:34 PM · #34
Alex, please make sure to keep up updated, okay?
Good luck! :)
 02/04/2008 03:51:54 PM · #35
Alex I wouldn't even really worry about it just yet. Go see a lawyer and see what they say. From there I would let them deal with it and push him until he is dry. Take everything he's got, even the house he lives in.

Message edited by author 2008-02-04 15:52:05.
 02/04/2008 03:56:10 PM · #36
I didn't mean to play devil's advocate to strongly; your shot was a terrific shot, fantastically unique. For this jackass to copy it and charge that type of money for a print... Jeez. Good luck getting him to stop, or getting what you deserve from him...

Paul
 02/04/2008 04:56:04 PM · #37
wow he doesn't even paint from scratch, just over a printed version of the photo, and he says that he only paints over 60% of the original photo

//www.afremov.com/price.html
 02/04/2008 04:56:21 PM · #38
Before you do anything else, with or without a lawyer, register your original with the US Copyright Office if not already done.
 02/04/2008 05:16:09 PM · #39
Originally posted by GeneralE:
Before you do anything else, with or without a lawyer, register your original with the US Copyright Office if not already done.


Do you really have to copyright it. I mean if it came to proving it I would just pull out the raw file. Isnt that enough?
 02/04/2008 05:29:37 PM · #40
Originally posted by AlexSaberi:
Originally posted by GeneralE:
Before you do anything else, with or without a lawyer, register your original with the US Copyright Office if not already done.


Do you really have to copyright it. I mean if it came to proving it I would just pull out the raw file. Isnt that enough?

Not really -- the main issue is your rights are more limited without registering, and if you register and win, they pay for your attorney plus any awards ...

You might want to check out this thread for some more detail.
 02/04/2008 05:32:35 PM · #41
many thanks for the info.
 02/04/2008 06:34:22 PM · #42
How did you find out someone was using your image?
 02/05/2008 04:15:49 AM · #43
Originally posted by Shadowi6:
wow he doesn't even paint from scratch, just over a printed version of the photo, and he says that he only paints over 60% of the original photo

//www.afremov.com/price.html


That's not what he's saying; what he is doing is making a painting based on the original, and then he is REPRODUCING the painting as an edition of Giclee prints (basically inkjet prints) on canvas, and then (according to him) actually adding something by hand to the giclee prints htemselves. That's how I read it, anyway...

R.
 02/05/2008 05:07:58 AM · #44
UPDATE:

2 emails no answer yet. How long you reckon I should leave it until I call him up?
 02/05/2008 05:24:45 AM · #45
Originally posted by GeneralE:
Originally posted by AlexSaberi:
Originally posted by GeneralE:
Before you do anything else, with or without a lawyer, register your original with the US Copyright Office if not already done.


Do you really have to copyright it. I mean if it came to proving it I would just pull out the raw file. Isnt that enough?

Not really -- the main issue is your rights are more limited without registering, and if you register and win, they pay for your attorney plus any awards ...

You might want to check out this thread for some more detail.


Bear in mind that this only works prospectively - it will be of no benefit for breaches before registration (such as here). It will have no formal effect if you commence proceedings in the UK (though it may be persuasive in negotiations with a US American perpetrator).

If you do this, do it for general forward looking additional protection when dealing with US Americans, as it is unlikely to help in this case.

02/05/2008 05:38:10 AM · #46
Originally posted by faidoi:
How did you find out someone was using your image?


This guy didn't even bother to change the title of the photo... a simple google search would have yielded the results...
 02/05/2008 08:20:37 AM · #47
Alex, if I were you I'd find a friend who's a lawyer (or barrister, or whatever they are there) and have him or her call the guy on your behalf.
 02/05/2008 08:48:22 AM · #48
ok,we are all on pins an needles here,this topic started a huge debate here (my roomie is in advertisement) keeping my eye on this one....
 02/05/2008 09:39:26 AM · #49
It would seem to me that technically, the jurisdiction , or breach could be just about anywhere, he is of course, using the internet to sell the stuff. So you have the site of the "copyright" - the site of the illegal actvity, the site of the defendant's residence, and use of the federal/international internet.

Sounds like a law school exam question. But, my point is that, just like theives and scoundrels in the modern age can use the internet and offend from various locales; you are protected and can take advantage of various juisdictions to enforce your legal rights.- don't settle fro English rules, for instance- explore the rest.

It also seems to me, that it although it would be a good idea to copyright all your works, theives can't just go crazy and copy everything and hope that there is no copyright.

You have held yourself out to be the owner of that image and concept, in a very public place, with substantial interest and recognition. And there are surely dates on this website alone associated with this file that substantially predate the theives work. You are first in concept, time, and legal right, in my eyes, with or without the copyright. In fact, if you try to copy and paste an image off this site- you get warned.

Here's a thought, even if you did not personally register the image, perhaps this jackass has violated a copyright/ law through this website, DPChallenge.

Just some thoughts...

Message edited by author 2008-02-05 09:40:44.
 02/05/2008 10:41:06 AM · #50
I found this
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