What to do about a stolen photo?

[Nexxus]

It looks similar but I feel that the one they used is different. The differences I noticed are: Crane, Different Angle, Different Clouds, Further away. Of course some of those differences could have been stimulated through photoshop. It really depends on how you have it licensed, if you posted it to an image hosting website (I.E Flickr, Imgur, etc.) once a file is stored on their servers it becomes their property even if you have a heavily enforced copyright on it. Now say you posted on your own privately hosted website and they took it from there, then there is a breach of copyright and you could sue them if you desired. I'm sure you're not that kind of person. Since I personally don't do anything huge with photography (at least yet since I lack the actual equipment to do that) if I attach any licensing I just use Creative Commons (CC-BY-ND or CC-BY-NC-ND or CC-BY-SA) Like I only tagged one of my photos I recently took and uploaded as CC-BY-ND but yeah.)

 

It looks similar but I feel that the one they used is different. The differences I noticed are: Crane, Different Angle, Different Clouds, Further away. Of course some of those differences could have been stimulated through photoshop. It really depends on how you have it licensed, if you posted it to an image hosting website (I.E Flickr, Imgur, etc.) once a file is stored on their servers it becomes their property even if you have a heavily enforced copyright on it. Now say you posted on your own privately hosted website and they took it from there, then there is a breach of copyright and you could sue them if you desired. I'm sure you're not that kind of person. Since I personally don't do anything huge with photography (at least yet since I lack the actual equipment to do that) if I attach any licensing I just use Creative Commons (CC-BY-ND or CC-BY-NC-ND or CC-BY-SA) Like I only tagged one of my photos I recently took and uploaded as CC-BY-ND but yeah.)

I can upright tell you that there is no way in hell this is a different photo. Frankly im insulted anyone would ever think of such a thing (I have also contacted the company and they in no way have denied it is my photograph. )

As I said the owner of this car is a personal friend, if he went on a shoot with someone id know. Second I know pretty much every "nice" AE86 Corolla GTS in and around the toronto area his is the only one like it, lastly as I mentioned this is a UK company and this was shot in Toronto (I can show you those buildings on google maps) taken in a private boat club.

[handymanshandle]

I can upright tell you that there is no way in hell this is a different photo. Frankly im insulted anyone would ever think of such a thing (I have also contacted the company and they in no way have denied it is my photograph. )

As I said the owner of this car is a personal friend, if he went on a shoot with someone id know. Second I know pretty much every "nice" AE86 Corolla GTS in and around the toronto area his is the only one like it, lastly as I mentioned this is a UK company and this was shot in Toronto (I can show you those buildings on google maps) taken in a private boat club.

I believe you I mean it's just hard to tell.

[Chibi]

I took a look at your photo on Flickr.
Your photo is under "All rights reserved" which is set at default when uploading pictures to Flickr.

 

"You, the copyright holder, reserve all rights provided by copyright law, such as the right to make copies, distribute your work, perform your work, license, or otherwise exploit your work; no rights are waived under this license."

Taken from Yahoo(Flickr) here.

 

Reading Yahoo´s terms of service you retain all copyrights to the pictures you upload to Yahoo´s services such as Flickr, but you give Yahoo the worldwide, royalty-free and non-exclusive licence to use, distribute, reproduce, adapt, publish, translate, create derivative works from, publicly perform and publicly display your pictures.

Taken from Yahoo terms of service under "License from you to Yahoo"

 

So Yahoo does not own your pictures but they can use them however they wish. This license will end as soon you or Yahoo removes the picture from their services.

This does not mean anyone else can use your photo.

 

If your picture has always been under "All rights reserved" they have no rights to use your picture and are not backed up by Flickers creative commons license.

 

I'm no lawyer or anything close to one so it is possible I might have misunderstood something.

I hope everything works out for you

 

 

 

[Dredgy]

SNIP

 

You are correct. He retains all right to his images.

 

Not much you can do except issue a takedown notice and then professionally threaten legal action. You probably won't get anything if you actually proceed with legal action so I highly doubt it's worth doing.

[Chibi]

-snip-

 

According to their site they have sold approx 60 of these t-shirts for 18£ each, so he might be able to request a compensation

[Nexxus]

I took a look at your photo on Flickr.

Your photo is under "All rights reserved" which is set at default when uploading pictures to Flickr.

 

"You, the copyright holder, reserve all rights provided by copyright law, such as the right to make copies, distribute your work, perform your work, license, or otherwise exploit your work; no rights are waived under this license."

Taken from Yahoo(Flickr) here.

 

Reading Yahoo´s terms of service you retain all copyrights to the pictures you upload to Yahoo´s services such as Flickr, but you give Yahoo the worldwide, royalty-free and non-exclusive licence to use, distribute, reproduce, adapt, publish, translate, create derivative works from, publicly perform and publicly display your pictures.

Taken from Yahoo terms of service under "License from you to Yahoo"

 

So Yahoo does not own your pictures but they can use them however they wish. This license will end as soon you or Yahoo removes the picture from their services.

This does not mean anyone else can use your photo.

 

If your picture has always been under "All rights reserved" they have no rights to use your picture and are not backed up by Flickers creative commons license.

 

I'm no lawyer or anything close to one so it is possible I might have misunderstood something.

I hope everything works out for you

Thank you, unfortunately at the time of posting it was after several hours of editing and I was tired, trying to figure out all the licensing and picked out this one (for reasons I cant remember.)

https://creativecommons.org/licenses/by/2.0/

Ultimately there was a few licenses that confused me and I was getting frustrated after all the editing and I recall saying to myself "ugh fuck it no one is going to take my shit photos anyways."

Clearly my photos are better then I give myself credit for and people will..and can make money off of them.

[Dredgy]

Thank you, unfortunately at the time of posting it was after several hours of editing and I was tired, trying to figure out all the licensing and picked out this one (for reasons I cant remember.)

https://creativecommons.org/licenses/by/2.0/

Ultimately there was a few licenses that confused me and I was getting frustrated after all the editing and I recall saying to myself "ugh fuck it no one is going to take my shit photos anyways."

Clearly my photos are better then I give myself credit for and people will..and can make money off of them.

 

 

If it was under creative commons then yea, the shirt maker was well within their rights to use that photo. Though you need to be credited.

[Nexxus]

If it was under creative commons then yea, the shirt maker was well within their rights to use that photo. Though you need to be credited.

I have been in touch with them and apparently I am credited on the product, they are offering me a free shirt  which ive taken because I do want to see that crediting. So we'll see if I am, assuming I ever get it.

[Silvercall]

Wow.... At least you can claim to have your work reproduced internationally.... ( :wacko: Silver linings...)  Nice photo btw.

[tshirtoftheweek]

Hi Guys

 

Just thought I would clarify a few things and set the record straight on this public forum.

 

I represent tshirtoftheweek.co.uk, a website that promotes a number of tshirts for 7 days for selected partners. We are currently promoting the AE86 tshirt mentioned in this thread. The photograph printed on the tshirt is that taken by forum user Nexxus and used under a Creative Commons licence as set by Nexxus himself via Flickr.com. 

 

Copyright

For the avoidance of doubt, the photo has NOT been stolen as stated in the topic of this public forum and Nexxus, as the photograher, owns the copyright to the photograph. The photograph (hi-res) has been made available under a Creative Commons licence for commercial use by the photographer.  Flickr, Yahoo or tshirtoftheweek.co.uk make no claim to copyright.

 

Photoshop

The photo has been photoshopped to remove a crane, change some clouds & lighting etc.

 

Creative Commons Licence

The licence for this photo was uploaded with the following licence and can be shared, adapted and used commercially.

https://creativecommons.org/licenses/by/2.0/

 

All required attributions will be printed on the garment and accompanying tags.

 

Thousands of photos are shared this way on Flickr and other websites and is a great way for amateur and professional photographers to share their work.

https://www.flickr.com/search/?text=ae86&license=4%2C5%2C6%2C9%2C10

 

Hope this helps

 

Mel

[JordanCormack]

Yeah unfortunately no matter how you share your images online, people can still steal them, edit them and make money. The only good thing to come from it is knowing that the people who do steal you images obviously can't produce anything nearly as nice!

 

As said before it's easy to edit the image in that way if you know your way around photoshop, this took me 10 minutes whilst eating dinner:

 

Keep up the great photography!

[mcmxcii]

So I was browsing an app today and I ran into this

For those who havent seen it before this is my photo

I was never asked about this, never contacted about it and certainly never gave any permission for my work to be used and they are profitting off it. I'm kinda fucking pissed here, anyone with any idea what I should do?

 

Surely, you just contact them asking them to remove this image/product or pay you a license fee for the image. If they don't comply go to a solicitor, seek legal advise and then sue for copyright infringement and damages.

 

Would be the obvious options, you'd want to settle outside of court if possible. Because to go to court costs money which you could have to pay.

 

But I'm not a law person so who knows... I just guess those would be the steps I first take.

 

The image is the same, but a large portion of the right side is cropped out (presumably to fit on a shirt).  I think that seeking legal consultation before contacting the company that makes the shirt is a good idea.

Maybe this actually, seek the legal advise first.

[D4RK]

I was never asked about this, never contacted about it and certainly never gave any permission for my work to be used and they are profitting off it. I'm kinda fucking pissed here, anyone with any idea what I should do?

i just would like to say that the picture on the shirt is indeed your picture, i know how to edit such stuff in photoshop and i can tell u they did crappy work and left few mistakes that u can clearly see even though the picture is in black&white, first here is a bigger version of that pic taken from the shirt website "dont forget to zoom in"

http://cdn.shopify.com/s/files/1/0553/4757/products/totw-sprinter-trueno.jpg?v=1431095901

 

now here are the mistakes that they did:

1- they didnt crop any part of the picture, they simply put the black bar over your watermark and wrapped the sides of the photo to look as if its curved and its on the shirt.

2- when they edited the crane out of the picture they did a mistake with the first building from the right side, if you zoom in you can see the right side of the roof is cut exactly where the crane part used to be, where the actual building roof is covered by the crane.

3- its almost impossible to replicate the building lights "each flat/office" and if you check between the 2 photos you can see the lights match up.

4- the car have the exact same light spots and reflections even down to the small ones which is very hard to replicate.

5- they change the sky completely or they stretched the old one and gave the image more height, cant tell which 1 because of the low quality.

 

sorry that all of this happened to you, and its a really good picture too.

[FmPhenom]

 

 

 

Thousands of photos are shared this way on Flickr and other websites and is a great way for amateur and professional photographers to share their work.

https://www.flickr.com/search/?text=ae86&license=4%2C5%2C6%2C9%2C10

 

Hope this helps

 

 

 

Mel

 

You are not sharing the photo, YOU ARE SELLING IT!