Website has stolen my photography what to do?

[Airencracken]

http://travel.howstuffworks.com/portland-city-guide6.htm

This article contains one of my photos (bacon doughnut) and although they give my credit by name, they never asked to use this photo nor have I been compensated. What should I do?

[Cubsfan]

Are you professional? If no, I'd say be proud and show your friends. If you ask for compensation, they'll probably just take it down.

Now, if you're a professional, then I'd say you probably want to call/write them about it.

[mcs328]

Depending on how far you want to go you can cite the DMCA. There are articles over at boing boing where people and companies have cited the DMCA to remove "copyrighted" content or have the ISP shut down.

[InfiniteNothing]

http://travel.howstuffworks.com/portland-city-guide6.htm

This article contains one of my photos (bacon doughnut) and although they give my credit by name, they never asked to use this photo nor have I been compensated. What should I do?
Cool! You're published.

Here's the author:

Susan Hauser is a freelance writer based in Portland. She has written about her hometown for such publications as The Wall Street Journal,

[zippyjuan]

How did they get your photo in the first place? Had you submitted it for some reason before? Is it on a stock photo site they could have purchased it from? At this point, the most you could hope for would be for them to remove it. They most likely won't pay you anything now so just tell all your friends about it.

[Airencracken]

I'm not sure how they got my photo, but I think it was probably from my Flickr (http://www.flickr.com/photos/airencracken/). I had initially set up that account to show my friend in Portland the pictures of my trip up there to visit them. I'm not that angry about it I suppose, but it is annoying. I mean, they could have asked or given me a link embedded in the credit.

http://static.flickr.com/74/222454573_5d5210c8ee_m.jpg (http://www.flickr.com/photos/airencracken/222454573/)

The photo and a link to where it is located in Flickr

[BigJon]

Just write the author and tell them that they should ask before using your photos. Let her know you are honored...but a little shocked that she didn't notify you ahead of time.

[Kevster]

...it is annoying. I mean, they could have asked or given me a link embedded in the credit.

Especially since they are earning advertising revenue on their website in part through the use of your picture.

[MrGreg]

Is that from Voodoo donuts?

Oops. I should read the linked article before asking dumb questions.
Did you get any pictures of their nsfw donuts?

[Airencracken]

Is that from Voodoo donuts?

Oops. I should read the linked article before asking dumb questions.
Did you get any pictures of their nsfw donuts?

The cock 'n' balls? Nah, I didn't.

[ray]

On Flickr you can read about how to change the copyright information to be displayed on your flickr page. Read the FAQ on that stuff. I have personally set up my photos so that Some Rights Reserved. In browsing your photos, it looks like you've set it to All Rights Reserved.

I would email the person and ask them to take it down if you don't want it there, especially since your photos are marked as All Rights Reserved.

[Airencracken]

Yeah I had read the FAQ. I've put up a couple posts in a flickr group or two since some of those people may have experience with this.

[DarkFury]

I just looked through your Flickr catalog and I didn't see your bacon doughnut pic. What page is it on?

The only one that comes up on the search is:

http://static.flickr.com/97/222708027_16dc77ec92.jpg

Besides, I did see that you had that one listed as "public", therefore isn't it more or less "public domain" once published to the internet?

http://www.flickr.com/photos/airencracken/222708027/

BTW.. looking more into this on the "Creative Commons" website, since you set your photo to "All rights reserved" you pretty much state that anyone can use your photo as long as they "give you credit" for it's use.

From what they posted, they did give you credit... just not a link to your site. Did you specify that a link was necessary in order to use the photo when the copyright was established? If not, then honestly they might have fulfilled their end by giving you credit for the photo.

Honestly, I kinda doubt that you'll be compensated for it since the photo was most likely marked "public" to begin with.

[Airencracken]

The bacon one doesn't come up in a search anymore because it has moved off of my stream (200 photos max if non-pro user). However it is still accessible by clicking the link in my post above (it's a picture that is a link...)

No it isn't public domain. You'll notice on the photo page there is a "© All rights reserved" disclaimer.



How can I copyright my photos?

In most parts of the world including the US, Canada, EU countries and Japan, you don't have to do anything to copyright your photos. That right is granted automatically as soon as you take the photo.

http://www.flickr.com/help/photos/#87

[WhiskeyPapa]

http://travel.howstuffworks.com/user_agreement.php


Copyright Agent

HowStuffWorks respects the copyrights of others. If you believe that your work has been infringed by any material on HowStuffWorks.com, please review our Claim of Copyright Infringement policy (http://travel.howstuffworks.com/rcc_copyright.php).

[yippiekiyeh]

It is up to you on how you want to pursue this matter... If you're feeling violated and want the photo removed then so be it, if not then why not let it hang around?

[DarkFury]

The bacon one doesn't come up in a search anymore because it has moved off of my stream (200 photos max if non-pro user). However it is still accessible by clicking the link in my post above (it's a picture that is a link...)

No it isn't public domain. You'll notice on the photo page there is a "© All rights reserved" disclaimer.



http://www.flickr.com/help/photos/#87

What I was saying was that at the bottom of the photo page it says "Public"... hence available to the public domain to see. As far as "all rights reserved", the info I quoted to you on that is on the Creative Commons site, and they were saying that since they gave you credit for the photo, then they have complied to the agreement (but then again... maybe not).

Are you looking for some compensation for this? If so, let them know so that they can take the next step. Either way, I guess you could fight it if you want to... they'll probably just remove your photo and go to the next person who took a pic of the "bacon doughnut" (who happens to be "Firepile").

http://static.flickr.com/15/90038272_841fb2c19b.jpg

http://www.flickr.com/photos/firepile/90038272/in/photostream/

Guess if you've seen one "bacon doughnut", you've seen em all. :D


(also, I did see the "cock and balls" doughnut with a search. Heh... pretty funny stuff there. :heh: )

[Airencracken]

I'm not really looking for compensation (It would be nice, but I don't expect it), but it does irk me that someone took my photo without asking. I suppose it's more of a matter of courtesy than anything else. Had I been asked in advance for permission to use the photo, I'm fairly sure I would have been more than happy to grant it. I probably would have just been happy to have my work out there. (even if it was a snapshot...)

Either way, I've sent an e-mail to their general customer service department and if I don't get a response in a day or two, I'll send an e-mail to the copyright department. I suppose more than anything else I'm angry at the author, not the website. It's obvious where she got my photo from and it would have been extremely easy for her to contact me.

Yes, Voodoo Doughnuts rocks. Not only are their doughnuts cool looking, but they taste awesome as well.

[DarkFury]

One other thing to be concerned about in this issue is the "Fair Use" clause on the internet:

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter0/0-b.html



With one important exception, you should assume that every work is protected by copyright unless you can establish that it is not. As mentioned above, you can't rely on the presence or absence of a copyright notice (©) to make this determination, because a notice is not required for works published after March 1, 1989. And even for works published before 1989, the absence of a copyright notice may not affect the validity of the copyright -- for example, if the author made diligent attempts to correct the situation.

The exception is for materials put to work under the "fair use rule." This rule recognizes that society can often benefit from the unauthorized use of copyrighted materials when the purpose of the use serves the ends of scholarship, education or an informed public. For example, scholars must be free to quote from their research resources in order to comment on the material. To strike a balance between the needs of a public to be well-informed and the rights of copyright owners to profit from their creativity, Congress passed a law authorizing the use of copyrighted materials in certain circumstances deemed to be "fair" -- even if the copyright owner doesn't give permission.

Often, it's difficult to know whether a court will consider a proposed use to be fair. The fair use statute requires the courts to consider the following questions in deciding this issue:

* Is it a competitive use? (In other words, if the use potentially affects the sales of the copied material, it's usually not fair.)

* How much material was taken compared to the entire work of which the material was a part? (The more someone takes, the less likely it is that the use is fair.)

* How was the material used? Is it a transformative use? (If the material was used to help create something new it is more likely to be considered a fair use that if it is merely copied verbatim into another work. Criticism, comment, news reporting, research, scholarship and non-profit educational uses are most likely to be judged fair uses. Uses motivated primarily by a desire for a commercial gain are less likely to be fair use).

As a general rule, if you are using a small portion of somebody else's work in a non-competitive way and the purpose for your use is to benefit the public, you're on pretty safe ground. On the other hand, if you take large portions of someone else's expression for your own purely commercial reasons, the rule usually won't apply.


Pretty much the "How stuff works" website doesn't appear to be a "for profit" website, therefore they may fall under the "fair use" clause of internet copyright law. Now, if someone takes your photo and then tries to sell a "bacon doughnut" with it, then yeah.. you pretty much have a case there.

Either way, like mentioned before... are you really after them for remuneration on this photo? If so, I'd recommend you call a lawyer rather that depend on web forum/friend advice. If you are not interested in chasing it legally and still want them to take your photo down, then I'd just send them a letter asking them to do so and I'm sure that they would comply promptly to your request.

Personally, I thought it was kinda cool that your "work" got listed like that on a "national" based site... but hey if you feel violated then do what you gotta. :D

[Napoleon54]

If you're feeling violated

Man, it's been waaaay too long since I've felt violated. I wanna be violated. Pretty please?

[Thesifer]

The other thing you can do, is before you post it on Flikr, Watermark it. I always do.

[Airencracken]

The other thing you can do, is before you post it on Flikr, Watermark it. I always do.

That's a good idea.

After this I may be done with Flickr altogether...

[verve247]

i do think it was nice of them to credit you for the photo. You rarely see that these days.

[Memo]

Not to be facetious or anything, but what about them using your picture bothers you? It's a picture of a donut.

[Butch]

Do you ever download music?? ;)

Airen, as I understand it, the site is within their rights to use the photo. They are properly crediting you, so they are not 'stealing' it - they still acknowledge it's yours. However, you absolutely have the right to contact them and ask them to remove the photo. If they do, basta. If they don't, then you could pursue further action.

[Markel]

If they had hotlinked to the image, you could always respond like this guy did to Microsoft's (http://www.securitypronews.com/insiderreports/insider/spn-49-20061205MicrosoftRSSBlogBurnedByImagePrank.html) use of one of his pictures on Flickr without permission.

[WhiskeyPapa]

I used to love it when eBay users would hotlink to my old auction images (back before eBay had the picture hosting service.) I'd actually search my server logs looking for it. Then I'd change the image. Not to something pornographic - that's too easy (and kind of old.)

In one instance, they linked to a photo of a Palm. I took that image, and changed the screen to a shopping list, with items like "rat poison to kill neighbor" and "condoms, extra small".

Another time, an eBay user linked to a picture of a PCMCIA modem. So I found an old PCMCIA card, busted it up really good, and replaced it with that.

Back then, once your auction had bids, you could not change the description. Their only option was to let the auction run it's course, or completely cancel it.

[clutchy]

Hey, maybe some stranger will send you an ac/dc dvd or some espresso cups!!

[Airencracken]

Not to be facetious or anything, but what about them using your picture bothers you? It's a picture of a donut.

Well, two reasons.

One: They could have asked (or rather she could have) wouldn't have been that hard. Common courtesy.

Two: I've been really slaving over some of my work lately to submit it to a gallery. So I guess I'm a bit touchy about my photos lately.


Do you ever download music?? ;)

Actually no. Unless you count iTunes (which is rare). I really prefer to have the CD or even better the Vinyl.

Nice story Whiskey... :heh:

Yeah they're not hotlinking the image so I can't do the ol' goat.se switchero on them. I think someone from another forum had it right, she probably did a Google Image search. It looks to be about that size.

Hey if a random stranger bought me a AC/DC DVD or some espresso glasses I'd be cool with that. :D

[Thesifer]

http://cyll.org/donut.shtml

Here's some more Bacon Donuts!