Can someone 'splain this to me??

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

11/18/2005 02:38:21 PM · #76

Originally posted by Strikeslip:

Well, I hope you're happy with yourself now, Cindi. Now that site has no Photo of the Day section. I'm going to have to offer up my photos for them to use. Which ones should I offer, these?

Oh Oh! The Chocolate Kiss!!! That's my favorite! :)

LeeD

Canon EOS-30D

11/18/2005 02:38:48 PM · #77

Nikon AF-S DX NIKKOR 18-200mm f/3.5-5.6G ED VR II

11/18/2005 03:22:23 PM · #78

Just for fun, I thought I would share the 3 emails I sent out today (btw none have been responded to):

The first one:

Dear Sonja,

You currently have one of my copyrighted photographs posted on your website at //www.touringandtenting.com/gallery/photo-of-the-day . I did not and do not give you permission to use that image, or to profit by offering prints for sale. I demand that you remove the image immediately to avoid further action; also you will inform me of ANY print sales from that image. If you are familiar with copyright law, you know that the use of photographs without the photographer express permission is fully illegal. Photographers earn their living with their work and you have no right to steal that in whatever amount.

2nd email (to ShutterFly)

Hello,

I am a professional photographer. It came to my attention this morning that a website in UK had illegally copied one of my images from another site and is offering print sales of that image through your company. The owners of this site DO NOT have my permission to use the image. I have sent email to the administrators of the site and they have not removed my image.

This is the website to which I refer: //www.touringandtenting.com/gallery/photo-of-the-day The images used here (and offered for sale through Shutterfly) are taken (without permission) from other photography websites. My image was taken from //dpchallenge.com/

Please help me to stop this abuse of my copyrighted work.

And last one to Admin. (Mark) of the cheater-site:
See attached email to Sonja below. This email seems to have gotten no response from Sonja, so I will try with you Mark. As a professional photographer, I get paid for my hard work. I will be billing your company for infringement of my copyright, licensing fee for the use of my image on your site AND circulation fee. ALSO, please remove MY photograph from your site immediately to avoid further action.

Yeah, I got a little hot-headed, but seems to have gotten the job done. I'll keep watching the site over the next few weeks and will let you guys know if I EVER hear back from these guys.

Edited 'cause I never get a post right on the first try! lol

Message edited by author 2005-11-18 15:23:00.

Jammur

Nikon D300

11/18/2005 03:36:00 PM · #79

Originally posted by idnic:

Originally posted by Jammur:

Originally posted by idnic:

...... lets spam em!! I gave me an excellent! heheee

Just remember, whatever you get, you have to split with us LOL
Let's see 1/47000 nth of .....

LMAO You betcha! Think I'll email and ask what my prize is! :P

coolhar

Canon PowerShot Pro 90 IS

11/18/2005 04:29:34 PM · #80

Originally posted by idnic:

... Yeah, I got a little hot-headed, but seems to have gotten the job done. I'll keep watching the site over the next few weeks and will let you guys know if I EVER hear back from these guys.

Hot-headed? Nah, I don't think you went overboard. Haven't asked for punitive dameges yet. And besides, you have done a service for all of us who post shots on the web, pros and hobbyists alike. Thanks.

Wonder what they are going to do for Photo-of-the Day next week? Something different I'll bet.

karmat

Apple iPhone 7

Canon EF 70-200mm f/4.0L USM

11/18/2005 04:47:13 PM · #81

Go here and on the left side of the page it talks about a "problem with their gallery."

Wonder if the pulling of said pictures caused the problem?

pidge

Canon EOS-7D Mark II

11/18/2005 04:51:44 PM · #82

Curious to hear how this turns out, idnic

Strikeslip

Canon EOS-5D

Canon EF 100-400mm f/4.5-5.6L IS

11/18/2005 04:51:47 PM · #83

Originally posted by karmat:

Go here and on the left side of the page it talks about a "problem with their gallery."

Wonder if the pulling of said pictures caused the problem?

I still say it's underexposed, and as PP said, tilted horizon & poorly composed. :-P

Strikeslip

Canon EOS-5D

Canon EF 100-400mm f/4.5-5.6L IS

11/18/2005 04:52:40 PM · #84

Originally posted by coolhar:

Wonder what they are going to do for Photo-of-the Day next week? Something different I'll bet.

I'm donating my photos above.

banmorn

Nikon D750

Nikon AF-S Nikkor 28-300mm f3.5-5.6G ED VR

11/18/2005 05:10:00 PM · #85

Bill got the following email from Mark, the other contact on the site:

----- Original Message -----
From: mark@touringandtenting.com
To: Billy Houghton
Cc: sonja@touringandtenting.com
Sent: Friday, November 18, 2005 12:34 PM
Subject: Re: Photo

Hello, Bill, Sonja has a section on the website for photo of the day. The photo's are the best ones she finds from various websites or our members. I know she does all she can to check if the image is copyright and contacts the photographer in those instances. All I can think is that the image was on another photography website that hadn't listed if the images were copyright or not. In all cases though we list who the photographer was, hence you saw yours.

I apologise if this has caused you a problem, and I can assure you that it will be removed.

Regards Mark Fusher
Touring and Tenting
//www.touringandtenting.com
mark@touringandtenting.com

Selectcamp UK
//touringandtenting-selectcamp.com
mark@touringandtenting-selectcamp.com
01702 611208

As noted all the other images but 'our own sigh' have been removed.

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

11/18/2005 05:13:25 PM · #86

Good to know they responded to someone. They haven't sent me a word yet. I just finished typing up a first draft of my invoice. It needs rewording a bit, but here's the gist:

Re: Photograph entitled Lily of the Nile which was posted on your webpage (//www.touringandtenting.com/gallery/photo-of-the-day) on the 18th of November 2005

Dear Mark, Sonja and/or other site administrators:

I contacted you today regarding your unauthorized posting of my image on your webpage (referenced above). As a professional photographer, my images are valuable and are not shared freely with the general public. The copyright belongs to me unless I personally license other use; I did not license the image to your company. The webpage the image was taken from has a disclaimer â��All digital photo copyrights belong to the photographers and may not be used without permissionâ��.

With that said, I cannot believe your companyâ��s use of my image was a mistake of ignorance. Below find my itemized invoice for the non-licensed use of my personal property; please remit immediately to avoid further action.

Image value:
(calculated using //www.rkm.com.au
image value calculator): $3,751*

Non-licensed use penalty $1,000

Total $4,751

I am flattered that you chose to use one of my photographs, but in the future, please buy them at one of the following addresses. //dreamstime.com ; //istockphoto.com ; or //www.123royaltyfree.com . For more information about copyright and use of photography, contact the Professional Photographers of America (//PPA.com ) or your local Photography Association.

I really don't care if they pay it, though it would be really nice, I'm not going to hire an attorney to fight over it, but might shake em up a bit. :P

alfresco

Nikon D700

11/18/2005 05:33:25 PM · #87

You're a badass idnic!! Well done.

Canon EF 24-70mm f/2.8L USM

11/18/2005 05:42:56 PM · #88

Originally posted by alfresco:

You're a badass idnic!! Well done.

heheee thanks! Think that'll get their attention? I think I'll send it registered, signature required. :P

Telehubbie

Canon EOS-40D

11/18/2005 05:46:21 PM · #89

Damn Cindi, you should be a corporate attourney or something!!! I'm very impressed! They messed with the wrong person here, that's for sure. Your subliminal sarcasm with them is hysterical, they are probably changing their shorts right now!

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

11/18/2005 05:49:02 PM · #90

If you want to assert that your image value is $3,751, I'd probably not include links to sites where they can buy your photo for $3 or less.

Canon EF 17-40mm f/4.0L USM

11/18/2005 05:50:40 PM · #91

Originally posted by mk:

If you want to assert that your image value is $3,751, I'd probably not include links to sites where they can buy your photo for $3 or less.

LOL that occured to me as well, but THAT shot isn't available at any of those sites. Come on Alamy acceptance!! heheee

I may edit part a bit to refer them to my website instead.

Judi

Canon EOS-5D Mark III

11/18/2005 05:50:44 PM · #92

Idnic...I love your email. I reckon that if everyone used that same style of email it would stop them. I have never known them to check for permission as I have seen many of them taken from copyrighted sites. So fantastic work. I look forward to hearing any reply from them.

Judi

Canon EF 100-400mm f/4.5-5.6L IS

11/18/2005 05:52:59 PM · #93

I won't send that via email, I will mail it on my company letterhead, registered mail (one I've revised a tad). Will go in the morning post.

But thanks guys, glad you appreciate my effort. I'll be sure to keep you updated.

Strikeslip

Canon EOS-5D

11/18/2005 05:59:53 PM · #94

Whew, I'm glad I keep my identity secret!
:-0

loriprophoto

Canon EF 70-200mm f/2.8L USM

11/18/2005 07:25:51 PM · #95

I know she does all she can to check if the image is copyright and contacts the photographer in those instances. All I can think is that the image was on another photography website that hadn't listed if the images were copyright or not. In all cases though we list who the photographer was, hence you saw yours.

I just dont understand this, if they know the photographer's details then surely they know that the photographer is the ONLY person who can give them permission to use the photograph whether it is on the photographers or any other website and regardless of whether it is "listed" that it is copyrighted or not!! These people are just not very clever.!! Any photo belongs to the creator, no exceptions!

Makes me mad and I am glad you nailed them LOL

11/18/2005 08:06:19 PM · #96

Originally posted by loriprophoto:

Makes me mad and I am glad you nailed them LOL

Thanks for your support, Lori!

I changed my mind and emailed (on company stationary) a slightly edited version of the letter to everyone on site staff and will follow-up with a registered letter. Was afraid if I just sent one letter to only physical address listed, it could go to wrong desk and be hidden. This way I'm sure they've seen it. I will post the revised if anyone is interested.

For those that missed the early part of the thread, it was this image

taken from my DPC profile.

loriprophoto

Canon EF 70-200mm f/2.8L USM

11/18/2005 08:46:49 PM · #97

Earlier in this thread they mentioned that Shutterfly could print the picture but that they would only get a wallet sized print. I can concur that it would print great as a wallet, I have had numerous prints made of my photos which I size 6"x4" 72dpi for the web. I sometimes just want hard copies of my favorite shots so I copy and paste them onto a blank page in PS sized 6x4 300 dpi, 4 pictures per page and they print up wonderfully as wallets, so the quality for that size would definitely be there if someone wanted to print a page of wallets of such a low res file.

Hope this makes sense LOL. I hate people who take liberties with other people's photos.

troberge