Swans

POE.

I am rather concerned regarding the picture ID 1061150 submitted 14/05/08 by BPeters. Will you please compare this with my picture ID 1055583 submitted 09/03/08. I would like your comment of the remarkable simularity of these two photographs.

I hate to be difficult but i feel that i can not continue to support this site until  i have recieved a satisfactory explanation re this matter.

Regards Roy Jackson.

Hi Roy

Firstly please accept our apologies for any distress this may have caused you. We simply do not know how this has happened but are investigating it as a matter of urgency.

We have removed the BPeters copy of the image from the site, and are awaiting a response from the member who posted it.

Again, please accept our apologies for not noticing this. As you can hopefully appreciate with the large volumes of images being posted, and two of us busy approving different ones, it is sometimes virtually impossible for Sarah and I to recognise a duplicate slipping through, unless they are posted close together.

We will of course keep you informed once we have further information as to why or how this happened. Please bear with us.

Kind regards,

Chris & Sarah

I refer to the incident that I have highlighted under the Heading ’Swans’

Last evening when I saw the photograph ‘Trial Run’, ID 1061150, that had been submitted by BPeters on 14-5-08, I was very upset.

I have now had time to reflect on this matter and having taken appropriate advice, I have to make the following statement.

"I have to say that I find the publication of this picture to be upsetting, hurtful and deeply offensive.

Anyone who cares to examine the above photograph and compare it with the one that I submitted on 9-3-08, ID-1055583, and now displayed in the gallery ‘Herrington Country Park’ will have to concede that these two pictures are identical.

The fact that my picture was the first to be submitted and forms part of a series with the theme of Swans and Cygnets, clearly indicates that my picture is the original and that the one submitted by BPeters is clearly a copy of that photograph.

The fact that BPeter claims that the picture was taken at a place other than Herrington Country Park and the fact that he has submitted the picture with the heading ‘Trial Run’ clearly indicates to me that he is claiming this picture as his own work.

By doing this I am firmly of the opinion that BPeters has infringed my copyright in this material.

If I am not to take this matter further I require from BPeters the following.

1, A statement indicating as to how and why he is claiming this material to be his own work,

and

2, A clear admission from BPeters that the material in question is in fact my property.

If neither of the above are forthcoming, then I will have to consider taking the matter further.

I must further state that, I in no way hold ‘Pictures of England to be culpable in this matter. I believe that there is no practicable way that Pictures Of England can be expected to vet and cross check all the pictures that are submitted to them.

I must further state that I believe that ‘Pictures Of England’ are doing excellent work in the administration of this endeavour.

However, having said that, and considering that this particular photograph and the series that it comes from has only been submitted to and displayed on the ‘Pictures Of England’ web site. It is clear that the copy of my picture can only have come from this particular source.

I consider therefore, that Pictures Of England’ has a moral duty to carry out a detailed and thorough investigation into the circumstances of this incident.

I would also expect them to assist and support me with the supply of certain information, in any further action that I might be forced to undertake.

From my understanding of the rules governing the conduct of the ‘Pictures Of England’ web site, I believe that the submission of this material, in this manner, is a clear breach of these rules.

I therefore expect Pictures Of England’ as part of their investigation, to consider what sanctions they intent to take against BPeters for this clear infringement of these rules.

I would also expect to be kept informed regarding the outcome of this enquiry.

Until this matter has been fully resolved I request that the offending material be removed from the ‘Pictures Of England’ web site."

In conclusion I have to say that I consider photography to be form of art, this give me a great deal of pleasure, both in the taking of pictures and in the sharing the results with others. I would hope that others get some pleasure when they see my pictures.

However, this sharing does not permit others to use my pictures in way that BPeters appears to have done on this occasion.

To indicate just how strongly I feel in this matter, it is my intention not to submit any further pictures or post to any threads within the ‘Pictures Of England’ web site until this matter has been fully resolved.

As I am unable to contact BPeters directly, I request that ‘Pictures Of England’ forward a copy of this statement to that person at the earliest opportunity.

Roy Jackson.

For the information of those persons who have been following this thread, I can state that this matter has now been resolved to my complete satisfaction.

I have to thank both Chris and Sarah for their prompt action in solving this incident.

I now intend to get back to the important matter of submitting my work to this important project.

Regards Roy J

Excellent, good, bravo, of course! But I would have thought that a quiet email to POE would have been more appropriate than making the whole affair public Roy! You say >>>"I have to say that I find the publication of this picture to be upsetting, hurtful and deeply offensive, and...As I am unable to contact BPeters directly, I request that ‘Pictures Of England’ forward a copy of this statement to that person at the earliest opportunity. In a polite word balderdash! 

How on earth can it be upsetting, hurtful and deeply offensive? What you really mean is that it seems that B Peters has used your photograph and you object to it, don't you? We would all feel the same way surely, but the fact is you could have contacted B Peters via the members contact form within the profile feature and ironed this out, probably quite amicably, without making such an attack on POE, who have clearly resolved the matter very promptly indeed according to your own statement!

In a later post, and to your credit you further state>>>For the information of those persons who have been following this thread, I can state that this matter has now been resolved to my complete satisfaction. I have to thank both Chris and Sarah for their prompt action in solving this incident.

My opinion is simply that you made a huge fuss over nothing Roy, but I am truly grateful that things are now resolved and that we can all enjoy the fabulous pictures that you continue to take. Oh, and by the way, seek out the members contact form just in case of any future problem.