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Unauthorised Use of Photographs

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cathyml
cathyml
Posts: 23275
Joined: 25th Jan 2010
Location: South Africa
quotePosted at 20:44 on 29th April 2012

Thank you all for your interest, comments and advise. Paul I took your recommendation and made a set for the shots used by Nikon Turkey, it looks as though every photo I upload in on their site within minutes!!

I have now tried to send an email to Nikon Japan and wonder if I will get any response from them.  Hoping to hear from Nikon UK tomorrow! I would really like to know what their policy is regarding this type of usage of other people's copyright material!

Thanks for the birthday wishes too Paul, very much appreciated! 

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Edward Lever
Edward Lever
Posts: 734
Joined: 22nd Dec 2005
Location: UK
quotePosted at 22:33 on 29th April 2012

Regarding PoE download policy, PoE's T&Cs allow anyone to download a limited number of images from PoE for non-commercial use, provided the photographer's name and PoE are acknowledged. See the link  http://www.picturesofengland.com/terms?sid=d1f3b48a2e0900e5  

Ownership of the copyright remains the photographer's, although uploading to PoE grants certain licensing rights to PoE, as detailed in the T&Cs.  I am not sure about Flickr's T&Cs.

If someone e-mails me asking for the original image, I will agree if I am satisfied it is for non-commercial use, subject to the acknowledgement to me and PoE being placed alongside the image. I regard it as a bit of free publicity for me and PoE  ! 

Commercial use is a different matter, and I can understand Cathy being unhappy with Nikon's use of her images. 

 

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Ron Brind
Ron Brind
Posts: 19041
Joined: 26th Oct 2003
Location: England
quotePosted at 07:15 on 30th April 2012
Why not try to shorten any proceedings by writing to them again CathyML accepting their 'mistake' and permitting them to continue to use your photographs for a fee that will cost 'X' in full and final settlement of their 'oversight'. Of course you would still need the copyright and POE notice attached to the photographs. At least that way you might get something out of it without having to fight too hard.   
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Edward Lever
Edward Lever
Posts: 734
Joined: 22nd Dec 2005
Location: UK
quotePosted at 12:07 on 30th April 2012

Cathy, If I understand it correctly, your images have been taken off Flickr without your permission. You could refer the complaint directly to Yahoo  http://info.yahoo.com/copyright/us/details.html in the first instance.

Despite Ron's suggestion, I think it is very unlikely that you will get any financial settlement, unless you wish to engage a copyright lawyer. 

 

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cathyml
cathyml
Posts: 23275
Joined: 25th Jan 2010
Location: South Africa
quotePosted at 19:02 on 30th April 2012

Thanks Edward I did report it today on Flickr having read through all sorts of details, and it would appear they are infringing the use of an API (this is all getting too technical for me).  Not sure what they will do or even let me know what they have done! 

Meanwhile I have received a reply from Nikon Europe as follows:

Thank you for contacting Nikon Support

We are very sorry to hear about that, however we need to inform you that the site you found is not the official Nikon site which means that Nikon isn't responsible for its content.
The official Nikon Turkey website is http://www.nikon.com.tr/
The site you found seems to be a private blog created by some local Nikon fans.

As far as we know, use of photographs without permission from the photographer is illegal in most countries, so we advise to find some information about the copyright law in Turkey and then contact the administrator of the website.

If you're looking for some compensation, it's also good to find some typical price of a photo for this type of use so that you can you can tell them what exactly you want them to do (whether you want them to remove the photos, publish your name with them, pay you for the photos, publish an apology or something else)

As the last thing we want to inform you that Nikon has always respected the rights of photographers an would never publish any unauthorised documents on an official Nikon website.

If you have any other questions please don't hesitate to contact us again

 

So although the site appears to look like a Nikon site - it isn't an official one!  I have discovered which group on Flickr they are uploading from and am now considering just removing all my content from that Group.

It doesn't seem worth bothering to try to do anything else! 

It looks as though you can have all sorts of rights in this world - but only if you have enough time, energy & most of all - money - to enforce them!!

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Paul Hilton
Paul Hilton
Posts: 2605
Joined: 21st Nov 2004
Location: UK
quotePosted at 19:46 on 30th April 2012
Your reply Cathy was quicker than my going to check who registered the domain----which turns out to be an individual who registered it in Oct last year and although clearly for a Turkish audience, the site is hosted just north of Disneyland in California. Apparently gets typically 62 visitors per day. There's at least two domains that re-direct visitors to this one so three domain names bring up the same site, if not more. The owner clearly want his visitors to go to it.

Edited by: Paul Hilton at:30th April 2012 20:05
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cathyml
cathyml
Posts: 23275
Joined: 25th Jan 2010
Location: South Africa
quotePosted at 20:26 on 30th April 2012

Thanks Paul - you really are an incredible detective and know you way around - I am the next best thing to illiterate about the workings of the internet!

Having discovered the above information though - just what does it imply? With only 62 visitors per day it isn't exactly a cash-cow is it? 

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Rod BurkeyPremier Member - Click for more info
Rod Burkey
Posts: 554
Joined: 2nd Sep 2008
Location: UK
quotePosted at 10:10 on 17th May 2012

It must be most annoying to see the unauthorised use of pictures. One thing to bear in mind however is the low resolution of the shots on the site. This will deter serious use I'd have thought.

We spend a lot of time seeking out good images to capture through our lenses, and the last thing anyone wants is for someone to "steal" the pictures, especially for commercial gain. Some sites are open to the idea of just downloading stuff from anywhere that allows it. I hate it but that's the real world we live in.    

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Edward Lever
Edward Lever
Posts: 734
Joined: 22nd Dec 2005
Location: UK
quotePosted at 12:52 on 17th May 2012
On 17th May 2012 10:10, Rod Burkey wrote:

It must be most annoying to see the unauthorised use of pictures. One thing to bear in mind however is the low resolution of the shots on the site. This will deter serious use I'd have thought.

 


Unfortunately, Rod, I found out that low resolution does not deter people who lift the images from PoE, without acknowledgement, for use in their web pages either as static images or slide shows. I have only noticed one case of this with my images, but it took some time and effort to get the appropriate acknowledgment inserted on the offending site.
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Rod BurkeyPremier Member - Click for more info
Rod Burkey
Posts: 554
Joined: 2nd Sep 2008
Location: UK
quotePosted at 13:46 on 17th May 2012

Thanks for that Edward. Seems our images are under threat, even the "low res" ones. I'll just carry on, as in truth, there seems little one can do if the offending party is really stubbon. The least anyone can do is give credit to the photographer, if nothing else.

To date I've been lucky and always been offered a fee or credit. My time will come.....

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