How do you prove you're the photo owner?

12/16/2011 08:59:33 AM · #1

When you invoice someone for using your photo without permission, and they very politely write back with a justifiable request that you prove you're the owner, and an offer to work things out to get them resolved, how do you prove it?

Canon EF-S 10-22mm f/3.5-4.5 USM

12/16/2011 09:01:44 AM · #2

Exif Data? If the image is a duplicate, won't it not show the original exif data?

cowboy221977

Canon EOS-60D

12/16/2011 09:08:11 AM · #3

that wouldn't be good proof...if you edit the pic or anything it also notes different dates

unless u have the original RAW maybe

Message edited by author 2011-12-16 09:08:55.

Melethia

Canon EOS-80D

Canon EF 24-105mm f/4.0L IS

12/16/2011 09:09:03 AM · #4

The original photo with the exif shows the camera's serial number. You should be able to use that, shouldn't you?

12/16/2011 09:10:06 AM · #5

Originally posted by cowboy221977:

that wouldn't be good proof...if you edit the pic or anything it also notes different dates

unless u have the original RAW maybe

That's what i'm saying. Show them the Exif from the original image file.

Google Glass Google Glass

12/16/2011 09:10:22 AM · #6

Originally posted by Strikeslip:

How often does this happen to you?

ambaker

Canon EF 70-200mm f/2.8L USM

12/16/2011 09:11:02 AM · #7

Do you have the original unedited image? Or, better yet, a raw file as well? Nobody else is likely to have either of those. Additionally, if you have other images of the same subject, from the same scene, shot at the same time, that would help as well.

ETA: dang! Those were some fast replies. Looks like I Yanko'd all over myself. ;-)

Message edited by author 2011-12-16 09:12:56.

Spork99

OM System OM-1

Canon EF 100mm f/2.8 USM Macro

12/16/2011 09:13:58 AM · #8

You very politely inform them that you: a) have the original file from your camera, b) have similar, non-published images in your archive and c) you have the images registered with the copyright office.

Canon EF-S 18-55mm f/3.5-5.6

12/16/2011 09:16:27 AM · #9

It's the first time it's happened to me. But if I were in this guys shoes, I'd be asking the same question.

What is the photographer to do, hold up a printout of some possibly fabricated EXIF with the camera serial number highlighted, while holding the camera and somehow showing it's possibly fabricated serial number while holding today's newspaper?

I wouldn't want to send original files to anyone. I could send a heavily-watermarked full-size, or a small crop at full size.... ?

o2bskating

Canon EOS-350D Rebel XT

12/16/2011 09:21:48 AM · #10

why do you have to prove your the photo owner you have that information i would think they would have to prove they are the owner if it goes to court. just have a lawyer ask them for proof with the stipulation that if they can't prove ownership you will sue them. bet you they start talking money pretty fast then.

Neil

Fujifilm X-T30

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

12/16/2011 09:29:06 AM · #11

Tell them you have the original file--best if it's RAW. With EXIF.
And you have the rest of the series shot at the same time, also corroborating.
But don't send them anything, you can get someone to witness it if you want, and have it signed.

You'll sign an affidavit of authenticity.

Then tell them anything beyond that you'll be happy to discuss in court.

Disclaimer: I'm not a lawyer, and I don't play one on TV.

nova

Canon EOS-6D

Canon EF 35mm f/1.4L USM

12/16/2011 09:32:47 AM · #12

Originally posted by Neil:

Disclaimer: I'm not a lawyer, and I don't play one on TV.

Maybe you should be.

drz01

Pentax K50

Pentax SMC DA 18-55mm f3.5-5.6 AL WR

12/16/2011 09:35:47 AM · #13

Slippy my camera writes my name in the EXIF files and I keep all my original files. Hard drive space is so cheap now.

Skip

Canon EOS-1D X

Canon EF 300mm f/2.8L IS USM

12/16/2011 09:37:55 AM · #14

Originally posted by Spork99:

ditto this is one of the main reasons for registering with your country's copyright office

Message edited by author 2011-12-16 12:04:23.

12/16/2011 09:45:18 AM · #15

Originally posted by drz01:

Hard drive space is so cheap now.

Tell me where. With all the HD factories flooded, even Intel put out a notice..

//ibnlive.in.com/news/intel-says-sales-hit-by-hard-drive-shortage/211427-11.html

12/16/2011 09:45:40 AM · #16

I still have the three RAW files I used to make the photo, an HDR, though you wouldn't realize it by looking at it.

I wrote him back to let him know that, and offered a small crop of a detail not possible from the sized-down version his designers lifted. We'll see what he says, he sounds pretty reasonable from his first email. My email, while cordial, wasn't that polite.

Pentax SMC DA 18-55mm f3.5-5.6 AL WR

12/16/2011 09:48:48 AM · #17

Bah, what the heck, here's the web page.

//www.beecool.ca/beecool_comm.html

Scroll down a bit, it's the night skyline, which now has some text on it RE 3M night vision window film. Sadly, the quality is horribly degraded compared to my original.... and they pasted over the reflection!

Message edited by author 2011-12-16 09:50:36.

drz01

Pentax K50

12/16/2011 09:48:57 AM · #18

Originally posted by Strikeslip:

I bought 3 3tb drives in the spring when they were $129 each but even now you can get them for about $200

Message edited by author 2011-12-16 09:51:10.

Canon EF 100mm f/2.8 USM Macro

12/16/2011 09:54:44 AM · #19

Originally posted by drz01:

Originally posted by Strikeslip:
I still have the three RAW files I used to make the photo, an HDR, though you wouldn't realize it by looking at it.

I wrote him back to let him know that, and offered a small crop of a detail not possible from the sized-down version his designers lifted. We'll see what he says, he sounds pretty reasonable from his first email. My email, while cordial, wasn't that polite.

I bought 3 3tb drives in the spring when they were $129 each but even now you can get them for about $200

I save everything. I plan on spending my senile, invalid years, watching my slide shows and videos.... and peeing in a bag.

Spork99

OM System OM-1

12/16/2011 10:19:34 AM · #20

Originally posted by Skip:

Originally posted by Spork99:
You very politely inform them that you: a) have the original file from your camera, b) have similar, non-published images in your archive and c) you have the images registered with the copyright office.

ditto this is one of the main reasons for registering with your country's copyright office

And if you didn't register it when you created it...do it now. I don't know how it is up north, but here in the US, there are benefits if it's registered at the time of infringement, but if it's not, there are still good reasons to register it ASAP.

Nikon AF-S Nikkor 17-35mm f/2.8D IF-ED

12/16/2011 10:31:40 AM · #21

Originally posted by Spork99:

Originally posted by Skip:

Originally posted by Spork99:
You very politely inform them that you: a) have the original file from your camera, b) have similar, non-published images in your archive and c) you have the images registered with the copyright office.

ditto this is one of the main reasons for registering with your country's copyright office

And if you didn't register it when you created it...do it now. I don't know how it is up north, but here in the US, there are benefits if it's registered at the time of infringement, but if it's not, there are still good reasons to register it ASAP.

Canadian copyright laws are VERY friendly to the photographer, really no use to register unless you want to spend some extra time & money.

tanguera

Nikon D750

12/16/2011 11:39:58 AM · #22

Well, you've already taken action, but I would have first asked him what he considered "proof".