What would you do? Copyright issue.

Canon EF 70-300mm f/4.5-5.6 DO IS USM

05/29/2007 11:29:33 PM · #1

We were contacted by a lady from a baseball club yesterday regarding pictures we'd taken from their annual trophy night. As it turns out, this lady has been going through a bit of an ugly separation from her ex-husband and she received an email from him with a copy of one of our pictures of her and her new boyfriend with a derogatory comment attached to it. She basically just asked us if anyone had purchased that particular picture, which no one had. Which brings me to my dilemma. She sent me a copy of the email which clearly shows he has taken a copy of the photo from our website and very carefully removed our watermark and photo number. There are still signs of where the text was so it was quite obvious where the photo came from but he'd tried to do a pretty good job. Now I would regard this as theft. I understand to do anything about this would require a certain amount of $$$ which is something we don't have heaps of at the moment so is it really worth chasing through the correct authorities or should I just contact him and warn him with a slap on the wrist.

I'll be interested to hear peoples thoughts on this. Thanks.

fotomann_forever

05/29/2007 11:32:58 PM · #2

Send him an invoice for the use of the image. My bet is he won't pay it, but it'll get the point across.

cpanaioti

Canon EOS-40D

05/29/2007 11:34:59 PM · #3

Considering what he's done I suspect any contact with him would get you tied up in the middle of the separation dispute.

fotomann_forever

05/29/2007 11:36:24 PM · #4

Originally posted by cpanaioti:

Considering what he's done I suspect any contact with him would get you tied up in the middle of the separation dispute.

Good point, might be best just to keep quiet.

05/29/2007 11:36:39 PM · #5

Originally posted by fotomann_forever:

Send him an invoice for the use of the image. My bet is he won't pay it, but it'll get the point across.

Hey, I like this idea! Cool!

Canon EF 300mm f/2.8L IS USM

05/29/2007 11:38:26 PM · #6

Originally posted by cpanaioti:

Considering what he's done I suspect any contact with him would get you tied up in the middle of the separation dispute.

I spoke at length the lady concerned last night and she made it quite clear that she has no problems if I wanted to chase it up in that respect. From what she was saying her lawyer would like to use the email as ammunition against him as he's pretty much been classed as a stalker. But yeah, from a personal point of view I don't want to get in the middle of it!

Skip

Canon EOS-1D X

05/29/2007 11:38:31 PM · #7

ditto the send him a bill, but also with a strongly worded letter about stealing the image, including an enhanced print that shows that you know he attempted to remove the watermark. tell him he can either handle it the quick way, or be prepared to handle it the hard way.

as to the money, it might not cost that much to have an attorney draft a letter.

you might also consider building into your pricing a 'damage price' to charge people who steal, with that price including something for the lawyers.

or, you might even approach the woman and tell her you'd like to go after him, if she's willing to pitch in...

----

i'm just too slow tonight. don't get caught up in it, unless you feel the need ;-)

Message edited by author 2007-05-29 23:40:06.

Canon EF 17-40mm f/4.0L USM

05/30/2007 12:17:27 AM · #8

Excellent. Thanks for the advice guys!

Judi

Canon EOS-5D Mark III

05/30/2007 12:22:07 AM · #9

Just tell him to go and take his own photo...hehehehe!!

.........../judi running away now!!

Tamron SP AF 17-50mm f/2.8 Di II LD Aspherical (IF) for Canon

05/30/2007 12:33:58 AM · #10

Originally posted by Judi:

Just tell him to go and take his own photo...hehehehe!!

.........../judi running away now!!

Hehe...oh you're too fast!! ;)

Sting11165

Canon EOS-20D

05/30/2007 01:47:55 AM · #11

Originally posted by fotomann_forever:

Send him an invoice for the use of the image. My bet is he won't pay it, but it'll get the point across.

Just be careful if you send an invoice.

What if he immediately pays? It'd probably be cheaper than an hour of his lawyer's time and then he'd remove any wrongdoing on his side for stealing the image AND it'd put you in the middle (and the woman would probably be angry at you).

yanko

Carl Zeiss 50mm ZE f/1.4 Planar T for Canon

05/30/2007 01:57:30 AM · #12

So he's just using the photo to slam his wife? Just viewing the web site downloads the photo to his hard drive. Removing the watermark seems a little odd unless it got in his way of leaving his own message. Either way I wouldn't bother with this unless you wanted to help the wife get back at him and you don't have better things to do. Just my wacky opinion. :)

Tamron AF 28-300mm f/3.5-6.3 XR Di LD Aspherical IF for Canon

05/30/2007 02:25:35 AM · #13

Originally posted by yanko:

No, your opinion is appreciated in this. No, the watermark didn't get in the way of what he wrote. Cheers!

SDW

Canon EOS-60D

05/30/2007 02:31:27 AM · #14

If you donâ��t know either one of the two then it is apparent that she contacted you to get at him for sending the picture, if he sent the picture. For all you know she could have printed the photograph and edited your watermark while forging the comment. If this is the case then she is not looking out for you, you are just a pawn in his and her separation game. The number one rule is not to get involve in any domestic dispute. Before sending him an invoice or even contacting him I would have concrete evidence he did what she is alleging. Just because she sent you an email that appears to be from him she could have a fake account posing as him.

At this point from what I have read you only have one side of the story with less than acceptable evidence, I would stay out of their affairs.

Message edited by author 2007-05-30 02:32:42.

yanko

Carl Zeiss 50mm ZE f/1.4 Planar T for Canon

05/30/2007 02:32:33 AM · #15

On second thought you probably should say something just to nip it in the bud. I'm guessing if he goes to that length to get back at his wife what's to stop him from posting that photo every where just to embarass her further?

Message edited by author 2007-05-30 02:36:06.

BHuseman

Nikon D750

Sigma 150-600mm f/5-6.3 DG OS HSM | C

05/30/2007 02:36:24 AM · #16

Lets see the photo and the words that were in the email so we can better advise on the situation!

SDW

Canon EOS-60D

Tamron AF 28-300mm f/3.5-6.3 XR Di LD Aspherical IF for Canon

05/30/2007 02:44:51 AM · #17

Originally posted by swhiddon:

Originally posted by cpanaioti:

Considering what he's done I suspect any contact with him would get you tied up in the middle of the separation dispute.

Originally posted by Makka:

Sorry just wanted to add this. If her lawyer would like to use the email as ammunition against him as he's pretty much been a classed as a stalker. Here lawyer should of kept that email as evidence in their separation case and to use it in a possible criminal act by taking to the district attorneys office on the grounds of stalking. Why would he allow here to contact you when he could subpoena you to testify in a contested divorce court or criminal court?

Message edited by author 2007-05-30 02:46:54.

05/30/2007 02:48:48 AM · #18

Originally posted by swhiddon:

Originally posted by swhiddon:
If you donâ��t know either one of the two then it is apparent that she contacted you to get at him for sending the picture, if he sent the picture. For all you know she could have printed the photograph and edited your watermark while forging the comment. If this is the case then she is not looking out for you, you are just a pawn in his and her separation game. The number one rule is not to get involve in any domestic dispute. Before sending him an invoice or even contacting him I would have concrete evidence he did what she is alleging. Just because she sent you an email that appears to be from him she could have a fake account posing as him.

At this point from what I have read you only have one side of the story with less than acceptable evidence, I would stay out of their affairs.

Originally posted by cpanaioti:
Considering what he's done I suspect any contact with him would get you tied up in the middle of the separation dispute.
I spoke at length the lady concerned last night and she made it quite clear that she has no problems if I wanted to chase it up in that respect. From what she was saying her lawyer would like to use the email as ammunition against him as he's pretty much been classed as a stalker. But yeah, from a personal point of view I don't want to get in the middle of it!

Sorry just wanted to add this. If her lawyer would like to use the email as ammunition against him as he's pretty much been a classed as a stalker. Here lawyer should of kept that email as evidence in their separation case and to use it in a possible criminal act by taking to the district attorneys office on the grounds of stalking. Why would he allow here to contact you when he could subpoena you to testify in a contested divorce court or criminal court?

Her main question to me was whether he had bought the photo from me or not. It was when I went through my records and saw that the photo hadn't been purchased by anyone that I had a closer look at the picture in the email and realised it had been edited to remove my watermark, therefore it had been taken from the website. Whether her lawyer knew or not that she contacted me I can't be sure on, only by what she wrote.

Sigma 150-600mm f/5-6.3 DG OS HSM | C

05/30/2007 02:49:55 AM · #19

Originally posted by BHuseman:

Lets see the photo and the words that were in the email so we can better advise on the situation!

I don't think showing that information is really necessary. My main point is that one of my photos has been modified and used without my permission.

BHuseman

Nikon D750

05/30/2007 02:50:45 AM · #20

Originally posted by Makka:

Originally posted by BHuseman:
Lets see the photo and the words that were in the email so we can better advise on the situation!

I don't think showing that information is really necessary. My main point is that one of my photos has been modified and used without my permission.

I know it isn't necessary, and also know what your point was, I just wanted to see what the estranged husband had sent over....

Tamron AF 28-300mm f/3.5-6.3 XR Di LD Aspherical IF for Canon

05/30/2007 02:56:52 AM · #21

Originally posted by BHuseman:

Originally posted by Makka:

Originally posted by BHuseman:
Lets see the photo and the words that were in the email so we can better advise on the situation!

I don't think showing that information is really necessary. My main point is that one of my photos has been modified and used without my permission.

I know it isn't necessary, and also know what your point was, I just wanted to see what the estranged husband had sent over....

Ahhh....that's now worries. Hope I didn't sound too blunt! In all seriousness, it wasn't that bad. The photo had nothing else modified besides the text, and what he wrote was just in relation to what she was wearing, but somewhat referring to past photos of her. The photo, as I mentioned, was from a baseball club trophy night and it was just her with obviously her new boyfriend posing for a photo with some balloons. Nothing out of the ordinary!

SDW

Canon EOS-60D

05/30/2007 03:09:32 AM · #22

Originally posted by Makka:

I know what you were asking and I know itâ��s a problem with people violating copyright infringements. But here is what strikes me. She has a lawyer and has shown him the email with the derogatory comment. An exert from your comment above, â��From what she was saying her lawyer would like to use the email as ammunition against him as he's pretty much been classed as a stalker.â�� Her lawyer should do the contacting, not her. I would let this one go unless her lawyer contacts you at which time you could make a dicission on wheather to go after him by means of a warning or billing him for his violation.

05/30/2007 03:15:13 AM · #23

Originally posted by swhiddon:

Originally posted by Makka:
Her main question to me was whether he had bought the photo from me or not. It was when I went through my records and saw that the photo hadn't been purchased by anyone that I had a closer look at the picture in the email and realised it had been edited to remove my watermark, therefore it had been taken from the website. Whether her lawyer knew or not that she contacted me I can't be sure on, only by what she wrote.

I know what you were asking and I know itâ��s a problem with people violating copyright infringements. But here is what strikes me. She has a lawyer and has shown him the email with the derogatory comment. An exert from your comment above, â��From what she was saying her lawyer would like to use the email as ammunition against him as he's pretty much been classed as a stalker.â�� Her lawyer should do the contacting, not her. I would let this one go unless her lawyer contacts you at which time you could make a dicission on wheather to go after him by means of a warning or billing him for his violation.

True. I'm not really up with law but sounds like wise words. Maybe I should just turn a blind eye to this one and stay well away!

MelonMusketeer

Nikon D7000

Nikon MF 50mm f/1.4

05/30/2007 03:22:31 AM · #24

I would simply report it (as copyright infringment) to the local police, so that it will be on record, then if possible, lay low about it until after the domestic dispute runs it's course. Maybe then you can trace the act back to him if you find out for shure if he was the one who did it.
If he is the one who did the deed, maybe he blotted the watermark to try to keep her from knowing who or where the image came from.
I assume that she was there when you took the shot, and knew that it was you who took it, and how to find it on your site.

Personally I would just write off the one image, and try to forget that it ever happened. Soap opera scripts pale beside real world domestic disputes, and who knows how they may end up tangling you up in their mess.
Good luck with this problem.