One of my photos was appropriated (maybe)

[Ronan87]

Well, here it is a new day and while I'm still not pleased I realize there is not much I can realistically do about it.. What are the odds that a painter who lives 1500 miles from here found the exact location where I had been, and used a 4x5 camera with a 300mm lens to make the exact same composition that I did?

I appreciate everyone weighing in on this, I never realized that copying someone else's photographs is an acceptable practice in painting. It may be legal, but it doesn't seem right to me, but of course I'm the photographer being copied.

I will be writing him a letter expressing my views, and I'll even send him a post card from a show announcement that used that image. He can put it in his scrapbook.

It's accepted for a lot of things, nothing wrong with it...

Imagine if no one could improve/be inspired by others.

We would still be in caves.

Also you haven't answered everyone asking the question, what makes you own that view? If it isn't your private property, you have no rights on it.

[Wayne Crider]

Why not send him a letter and tell him that you appreciate the fact that he considered your photography so good that he painted the scene, and that you have more great images available for X amount should he decide to want to emulate your work again. Attach an excerpt from the copyright law which states your lawful position and a bill for an 8x10 painting for payment, in lieu of a $300 dollar an hour lawyer expense to defend himself. You don't have to pursue it, just make him think a little.

[Merg Ross]

I think this is all getting a bit blown out of proportion. I was initially upset when I found what looked like a copy of one of my images and thought it wasn't the right thing for a painter to do. I now know otherwise and am trying to be flattered instead. I think my writing sounded stronger than I actually felt. This would have been a much better conversation face to face, over a beer or two. I guess we all find our own inspiration where we can. My health is fine, I haven't lost any sleep over this.

So far, this is the most sensible response. Consider your experience as a form of flattery.

I raise a pint to your health; carry on with your good work, it is much more important than this diversion.

[Marko]

Here's one lawyer's take on cases similar to this.

[Ronan87]

Here's one lawyer's take on cases similar to this.

IDEAS, AS A MATTER OF LAW, CANNOT BE COPYRIGHTED AND THEREFORE CLAIMS FOR INFRINGING IDEAS SHOULD BE DISMISSED UNDER RULE 12(B)(6)

So people know.

[Steve Smith]

So far, this is the most sensible response. Consider your experience as a form of flattery.

Agreed.

Richard should post on Photo Net and get multiple responses stating that he should immediately hire a lawyer and sue for millions!


Steve.

[akfreak]

Be gald you arent this poor guy. The stolen scream. (a YouTube video) . I have talked to many lawyers involving copyright infringement. If you did all your paperwork correctly and he is not illegally using your work (fair use for not for profit) then you are going to loose. Pretty simple really.

First time copyright laws and photography was mentioned together was 1865. It is in the constitution, copyright is a bundle of rights. Intellectual property is wonderful, lets begin.


Here are your written rights
1. You have the right of reproduction. You control the how and when images are reproduced. You allow use only.

2. Right of derivatives. (this is where your guy may be in trouble). No one cannot ever make any derivatives, versions, or anything that contains any part of your image. You determine if anyone can use or change your images. There is Never a % of change. It is a common man test used to determine a violation.

3. Right of distribution. You and only you determine where it is used, like only in trade, or on the web, or on television. However you must do your paperwork correctly.

4. Right of Performance ( not really for Photographers but dancers, actors, ect.., ect... performers)

5. The Right of display. You have the right how your work can be displayed. Color, B&W, cropped only.


6. An Unwritten Right, you can always say NO, it is a right just as any of the other rights you have I listed above. "Only" is also a key word, you need to use at the end of sentences when you do your paperwork. It makes sure they are clear of how you are licensing you work to them.

Most important, you must register your images, if you dont, you will hamper your ability to fight infringement cases.

If you register you have a right, a big one, the Right to SUE. If you dont register each image, you cannot SUE. You cannot go to small claims court if you do not register, here is why. Copyright laws fall under the the constitution, it is a federal law.

People are breaking Federal laws if they infringe your rights ( as I described above). You have to go to Federal Court to have a case heard for copyright infringement. So, No Register, No Sue! So without paying the fee to register an image to the federal government, you Cannot Proceed and will be thrown out of court.

If infringed;
Now you have to prepare a complaint, a lawyer will have to do this ( an intellectual property lawyer, it is a federal case and that venue is much different than local and state courts) and can only be done if you are registered, in a timely manor. This will also be heard by the Judge when was it registered. Time of registration and when infringement takes place are huge factors. They need this information so the court can determine compensatory damages.

It goes on and on, I have been dealing with it for decades. Like if your image is registered you can recover your lawyer fees, this is like going to a casino and playing with the houses money. Injunctions are another thing that will dive an infringe to take it down and or start the bargaining. Leverage factor is also a right, if lets your lawyer make a deal for you so you dont have to go to court. So you can make a settlement.

Without registration you do not have these rights, if you contact the thief you have no way to pressure him without spending your own money. If you are registered then you got him by the balls.


I have a great lawyer that will handle your case if you are registered. It is clean and cut. I wont stand for it, I never post my work online. I use flicker for forum image posts, ones I dont care for. Every image I have in my portfolio is registered.

Do you know how to send and register an image to the copyright office.? When I do it I re size my stuff to a small size jpeg, big enough for a judge to see the image. Also when you upload it , it becomes public record. I create an action action in Photoshop and or lightroom to re size and set the inf for the copyright office.

Mine info the the CRO is

Copyrighted (Never Public Domain, Never)
(symbol= Alt 0169) My name, year
ALL RIGHTS RESERVED
No rights granted unless in writing by, my name.
then the copyright URL

Then go to the Copyright office at the Library of Congress. Anyone else's website is a scam and they are trying to get money for doing for you what I am showing you for yourself. You need no help from anyone go to www.copyright.gov not .com. dot com is a scam and going to charge you a fee on top of the gov fees.

Read the FAQ, or if cartoons are your thing watch the Taking the mystery out of copyright. (note if on a MAC you cant register with safari, on a PC use IE or it wont work, only when registering) You can browse the website with any browser. You want to find the electronic copyright office. It is cheaper, faster and no paperwork.

Here is the best part. for $35 tax deductible dollars you can get an application to register one or as many images you want. I have applied for in a single application over 5,000 images, it was 35 bucks. Paper registration can take a year or more. electronic registration takes 3 months and is effective they date they get everything not when you get the paperwork back. Remember you cannot go to court without paperwork in hand. Again it is federal court, not small claims. You can pay by CC and I recommend this way so you have a record to show the date you registered. Not just their word. Also you can burn and mail in a dvd, but the upload is a much better method, because that is the effective registration date.


You will have to register and make an account so you can get a username and a password. Be sure to set the browser defaults based on their info. (watch the power point on how to register).. The first time is hard to figure out, but now I can do it in a few mins, the upload of the images takes the most time. Lastly every time you register it is filing a claim. Create a temple, complete the application, make a payment, then submit your work. All done.

Lastly, prey some big company uses your image in an infringed way. Prey some jerk try's to use any portion of your images, you will have him by the balls!


I hope I didn't go off the deep end here, I was late to this thread, I felt the need to make up lost ground. I am real tired 1:27 am here at home, I am out, AKf

[akfreak]

Sorry I had to respond to this " IDEAS, AS A MATTER OF LAW, CANNOT BE COPYRIGHTED AND THEREFORE CLAIMS FOR INFRINGING IDEAS SHOULD BE DISMISSED UNDER RULE 12(B)(6"

Ha! That is a riot!

[GPS]

Be gald you arent this poor guy. ...

2. Right of derivatives. (this is where your guy may be in trouble). No one cannot ever make any derivatives, versions, or anything that contains any part of your image. You determine if anyone can use or change your images. There is Never a % of change. It is a common man test used to determine a violation.

...

I hope I didn't go off the deep end here, I was late to this thread, I felt the need to make up lost ground. I am real tired 1:27 am here at home, I am out, AKf

Richard,
I just hope for you you'll not be enough fool to take this guy seriously for a single minute.

Imagine a tourist taking a photo of Egyptian pyramids. Imagine a painter painting the same view from the photo. Now imagine the tourist going foolishly to a layer to sue the painter for making "the same" painting as his photo... You get the point. Give yourself one more beer and send this self appointed layer where he belongs. Have a good day!

[Richard Wasserman]

I actually had a serendipitous chance to see the painting last night. It is very similar to my photograph, but whether or not he worked from my image—who knows? I have moved on to more important matters (like what to have for breakfast), and realize that I at first over-reacted, now I find it a bit amusing. Except that this small painting had a price tag of $3400.00. When do I get to charge $3400.00? I assume I will at least need to die first....