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  • Image used without permission

    Evening,

    Can a website use my image without permission even if they have credited me for it?

    tumblr have used one of my photos on an Animal blog website?

    http://theanimalblog.tumblr.com/page/4

    It's the two peacock butterflies.


    Peacock Butterflies feed in glorious sunshine Explored! by Tim J Preston, on Flickr
    Thanks
    Tim

    http://www.flickr.com/photos/[email protected]/

  • #2
    Re: Image used without permission

    Naughty. They've also put a "disclaimer":

    Disclaimer: All the pictures featured on this page belong to their respective owners. If you see your picture featured and don't want it to be, email us with the link and we will take it down right away.
    Brian

    http://www.flickr.com/photos/[email protected]/

    Comment


    • #3
      Re: Image used without permission

      Annoyingly, Tumblr bloggers tend to cut loose with other people's work. At least this blogger has credited you.

      If you read the sidebar on the homepage it says that they will take your photo down if you email them.

      However, there are some 1400 notes on the posting, with a good proportion showing that the photo has been reblogged, since 25 August! If you wanted the photo to be removed then perhaps you could email Tumbler, rather than the blogger; I'm not sure whether the original blogger taking down the photo will remove all the reposts in other people's blogs.

      Nice photo, by the way.
      Colin
      "Don't blame me..."

      Comment


      • #4
        Re: Image used without permission

        If you want the image removed, Tim, just take it off you Flickr page and then reload it. No one can see it then.
        The picture tells the story, great when you have a bad memory.DW.

        Comment


        • #5
          Re: Image used without permission

          Two of the postings on other blogs have differing URLs:

          http://31.media.tumblr.com/4c3c81fde...a49o1_1280.jpg

          http://25.media.tumblr.com/4c3c81fde...ya49o1_500.jpg

          Which suggests that the image is now stored elsewhere.

          This really is naughty.
          Colin
          "Don't blame me..."

          Comment


          • #6
            Re: Image used without permission

            I think that this is always a difficult one.

            When we post photographs in the public domain (rather than privately for only friends and relatives to view) then it must be so that others can see and admire them. The website concerned appears to be a non-profit making, animal lover site and they were obviously impressed with your excellent image and felt that posting it on their site would give it an even wider audience. By crediting you as the photographer and also using a clear disclaimer regarding withdrawal then I don't think they have done anything terribly wrong.

            However, politeness would dictate that they contact you via Flickr to ask permission which, I am sure, most people who post on Flickr would willingly give.

            I think, were it my image (and strangely enough I was taking similar Peacock Butterfly images a few weeks ago) I would be flattered that they chose my image whilst being slightly miffed that they didn't ask or even inform me that they had used it.

            Had it been used for commercial purposes or on an 'inappropriate' site then it would have been a different story and I would have been pressing for recompense straight away (or, in the later case, calling a solicitor)!

            I am sure others will disagree with my somewhat laid back attitude to this type of incident but life's too short and the fact that somebody enjoyed viewing one of my images enough to display it on their site (without pretending it was theirs) would leave me feeling pretty good!

            Anyway, great image which I really enjoyed.

            Cheers
            Dave

            'Always keep your expectations low ... then you won't be disappointed!'

            Comment


            • #7
              Re: Image used without permission

              E-mail the blogger, if they respond e-mail them the invoice for usage not forgetting to double or triple your rates for unauthourised usage. Also e-mail the hosting company informing them they're hosting copyright material and that now you've notified them you'll hold them responsible.
              It's the image that's important, not the tools used to make it.

              David M's Photoblog

              Comment


              • #8
                Re: Image used without permission

                Originally posted by David M View Post
                E-mail the blogger, if they respond e-mail them the invoice for usage not forgetting to double or triple your rates for unauthourised usage. Also e-mail the hosting company informing them they're hosting copyright material and that now you've notified them you'll hold them responsible.
                I am in full agreement with David. Nobody has the right to use your images without your prior permission. The fact that you have posted pictures on a publicly visible web site does not give the public the right to use them for their own purpose.

                Charge a lot of money and go to the small claims court if you're not paid.
                David

                EM1ii, EM10ii

                Comment


                • #9
                  Re: Image used without permission

                  Any photograph, even with copyright spread across it - or from the greatest, bestest, latest photographer may be used legally.

                  I suspect THIS website will claim loosely termed "Reportage Rights" ... vis "Certain photographs may not be protected by copyright. Section 171(3) of the Copyright, Designs and Patents Act 1988 gives courts jurisdiction to refrain from enforcing the copyright which subsists in works on the grounds of public interest. For example, patent diagrams are held to be in the public domain, and are thus not subject to copyright."

                  The above extract in italics is taken from Wikipedia and the full entry hotlink is below
                  [ame="http://en.wikipedia.org/wiki/Photography_and_the_law"]Photography and the law - Wikipedia, the free encyclopedia[/ame]


                  That, is what I would claim, if I were supporting that website

                  and they have given the Location as well as Tog credits so its News of public interest !
                  .
                  .
                  [I].
                  .
                  I Lurve Walking in our Glorious Countryside; Photography;
                  Riding Ducati Motorbikes; Reading & Cooking ! ...


                  http://www.flickr.com/photos/photomagicf1_chevvy/sets/

                  the ONE photo album

                  Comment


                  • #10
                    Re: Image used without permission

                    Originally posted by Melaka View Post
                    I am in full agreement with David. Nobody has the right to use your images without your prior permission. The fact that you have posted pictures on a publicly visible web site does not give the public the right to use them for their own purpose.

                    Charge a lot of money and go to the small claims court if you're not paid.

                    Good idea David ... if you want to sweat and worry for a year or two - each date fixed will be adjourned, for a reason or two ... its not just the silly little Court Fee ... its the stress on your body and it could easy kill someone who is a real worrier ... the phrase "bust a gut" comes to mind

                    Best to keep your BESTEST, GREATEST images from the public domains then no one can steal them
                    .
                    .
                    [I].
                    .
                    I Lurve Walking in our Glorious Countryside; Photography;
                    Riding Ducati Motorbikes; Reading & Cooking ! ...


                    http://www.flickr.com/photos/photomagicf1_chevvy/sets/

                    the ONE photo album

                    Comment


                    • #11
                      Re: Image used without permission

                      Originally posted by Chevvyf1 View Post
                      Any photograph, even with copyright spread across it - or from the greatest, bestest, latest photographer may be used legally.

                      I suspect THIS website will claim loosely termed "Reportage Rights" ... vis "Certain photographs may not be protected by copyright. Section 171(3) of the Copyright, Designs and Patents Act 1988 gives courts jurisdiction to refrain from enforcing the copyright which subsists in works on the grounds of public interest. For example, patent diagrams are held to be in the public domain, and are thus not subject to copyright."

                      The above extract in italics is taken from Wikipedia and the full entry hotlink is below
                      Photography and the law - Wikipedia, the free encyclopedia


                      That, is what I would claim, if I were supporting that website

                      and they have given the Location as well as Tog credits so its News of public interest !
                      I honestly don't see that this is relevant here. The same article points out that a photograph that is the result of the skill and work of the photographer and which is an original work is certainly subject to copyright. The way I interpet the article is that it is in very special circumstances that a photograph may not be eligible for copyright protection and to establish such would need a challenge to be settled in law (court of law).

                      I would be interested to know if the original photo we're discussing here had any copyright statements (on the page where it was published, in the metadata or as a watermark).

                      Ian
                      Founder and editor of:
                      Olympus UK E-System User Group (http://e-group.uk.net)
                      Four Thirds User (http://fourthirds-user.com)
                      Digital Photography Now (http://dpnow.com)
                      Olympus camera, lens, and accessory hire (http://e-group.uk.net/hire)

                      Twitter: www.twitter.com/ian_burley
                      Flickr: www.flickr.com/photos/dpnow/
                      Pinterest: www.pinterest.com/ianburley/
                      NEW: My personal BLOG ianburley.com
                      sigpic

                      Comment


                      • #12
                        Re: Image used without permission

                        Originally posted by Ian View Post
                        I honestly don't see that this is relevant here. The same article points out that a photograph that is the result of the skill and work of the photographer and which is an original work is certainly subject to copyright. The way I interpet the article is that it is in very special circumstances that a photograph may not be eligible for copyright protection and to establish such would need a challenge to be settled in law (court of law).

                        I would be interested to know if the original photo we're discussing here had any copyright statements (on the page where it was published, in the metadata or as a watermark).

                        Ian

                        Sorry you don't "Get it" ... Reportage or FAIR USE ... if use of a photograph may be claimed as "of public interest" then it MAY be claimed ... Act ... gives courts jurisdiction to refrain from enforcing the copyright which subsists in works on the grounds of public interest.

                        So a photo of Diana taken by David Bailey is copyright

                        ... but used in reports on Diana

                        ... so David Bailey takes a Blog or Newspaper to Court to claim Copyright Infringement ... for publication of his copyright photo ...

                        ... wedding photo of Soldier killed used by local paper in article about the war ... copyright of Wedding Tog ...

                        THROWN OUT, NO COSTS AWARDED TO CLAIMANTS as DEFENDENT claimed it to be "of public interest" = THUS no Copyright infringement under Section 171(3) of the Copyright, Designs and Patents Act 1988.

                        Best you research law cases as this, [local library, Reference Section ; on line databases ] recent one a year ago of a RARE bird in Manchester ... Wayne Ankers in the Manchester Evening ? Gazette ? or whatever, published it and refused to pay any fees to the Tog who owned it ... no credits at all either

                        Remember "Copyright is for the RICH, that is Rich Lawyers and Rich Clients" it is not for the masses

                        FAIR USE see hotlink
                        http://www.copyrightservice.co.uk/co...t/p09_fair_use



                        ps hence you do/did not see David Bailey [et al] taking XYZ to Court over Copyright ...
                        .
                        .
                        [I].
                        .
                        I Lurve Walking in our Glorious Countryside; Photography;
                        Riding Ducati Motorbikes; Reading & Cooking ! ...


                        http://www.flickr.com/photos/photomagicf1_chevvy/sets/

                        the ONE photo album

                        Comment


                        • #13
                          Re: Image used without permission

                          Chevvy, how can a photo of butterflies like this be compared to big public interest news stories?

                          Ian
                          Founder and editor of:
                          Olympus UK E-System User Group (http://e-group.uk.net)
                          Four Thirds User (http://fourthirds-user.com)
                          Digital Photography Now (http://dpnow.com)
                          Olympus camera, lens, and accessory hire (http://e-group.uk.net/hire)

                          Twitter: www.twitter.com/ian_burley
                          Flickr: www.flickr.com/photos/dpnow/
                          Pinterest: www.pinterest.com/ianburley/
                          NEW: My personal BLOG ianburley.com
                          sigpic

                          Comment


                          • #14
                            Re: Image used without permission

                            Originally posted by Ian View Post
                            Chevvy, how can a photo of butterflies like this be compared to big public interest news stories?

                            Ian

                            EASY ! by the owner even considering a Copyright claim for not permitted use
                            .
                            .
                            [I].
                            .
                            I Lurve Walking in our Glorious Countryside; Photography;
                            Riding Ducati Motorbikes; Reading & Cooking ! ...


                            http://www.flickr.com/photos/photomagicf1_chevvy/sets/

                            the ONE photo album

                            Comment


                            • #15
                              Re: Image used without permission

                              Originally posted by Ian View Post
                              Chevvy, how can a photo of butterflies like this be compared to big public interest news stories?
                              Originally posted by Chevvyf1 View Post
                              EASY ! by the owner even considering a Copyright claim for not permitted use
                              You've lost me. I'm bailing out of this thread because I don't want to cause an argument.

                              Ian
                              Founder and editor of:
                              Olympus UK E-System User Group (http://e-group.uk.net)
                              Four Thirds User (http://fourthirds-user.com)
                              Digital Photography Now (http://dpnow.com)
                              Olympus camera, lens, and accessory hire (http://e-group.uk.net/hire)

                              Twitter: www.twitter.com/ian_burley
                              Flickr: www.flickr.com/photos/dpnow/
                              Pinterest: www.pinterest.com/ianburley/
                              NEW: My personal BLOG ianburley.com
                              sigpic

                              Comment

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