Dont know if its stealing but Its just not right
Is This Stealing?....your opinion
- Thread starter N2TORTS
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I know this may seam a little over board but if you do not want your picture used on the web cite I would get a lawer to write them a letter basically stating that they did not purchase a copy of these picture and that they are to remove pictures from the web site with in x amount of days other wise they will have to pay you for invation of privacy ... What ever you can come up with. The reason I know this is I use to work at a company that will not be named and that company had some pictures on display in the store of a person who was paid by this company to have this picture taken of him just for this ad. Well this model's lawer sent the company a letter and said that this person no longer wanted this picture of him up in stores and that all stores are to take down that ad with in 1 day. The first thing the company did was take down this ad because they did not want a to get sued. My point is if you send them a notice that they do NOT have permission to use those photo chances are they will take them down asap because the last thing anyone web based business wants is to get sued.
You could even write them a letter yourself and say something like they have 1 week to remove photos otherwise the next time you will be talking to them with a copyright lawer.
Anyhow that's what I would do, mostly because I'm in the art field and there is nothing that gets under my skin more then people who think they can pass something as thier own just because it's the; like the Internet is a free-for-all.
What ever you decide to do good luck
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Lulu.... I admired your professional answer and everyone else who replied. ( And yes what I viewed was a business website / or makes it out to be ) I honestly was a bit flattered to see my torts/pics online. But after thinking about it , I wondered why this person didn’t ask me to use them? Or at least give me some kind of credit/recognition of who they belonged to. At least even putting my website on his page might be professional business thing to do . In my real life I spend 1,000’s of $$$ on advertising and we as a company hold our work very proudly. I would hate to see my work used on someone else’s business card , let alone their company logo . I posted this thread just to see what you all thought about it . I can tell there are many class acts in here, and would have done things differently …… why I hang out here. I wouldn’t have mind so much , if at least I was asked ….
Thanks for your time and replies.
Regards
JD~
Thanks for your time and replies.
Regards
JD~
This topic has come up before on other forums (the issue is much more prevalent in the snake world, I dunno why?). Also, being a graphic designer, and occasionally displaying my own artwork online, I researched the matter more thoroughly for my own benefit.
It IS stealing. Just because it's on "the internet" does not automatically make an image free up for grabs for anyone to use for any purpose. If you did not take the photo, or create the image, and you are using that image, you are technically stealing. It doesn't matter if you are giving credit to the original creater/photographer. It doesn't matter if you're not making money from using that image. If you did not receive explicit permission from the owner of that image, you ARE using that image illegally, and the owner has every right to take legal action against you.
Now, as someone said, 99.99% of the time, no one is going to really take the time to sue someone over using a image. The only people who may are possibly professional photographers. However, most of the time, the "offenders" can usually be scared into not using the image.
And we're all guilty of this. We've all shared some funny picture or whatever, and some images on the web are so old Lord only knows who the creater was.
If you want to protect your own images, watermarking or just putting your name on them can deter all but the most determined "image thieves."
It IS stealing. Just because it's on "the internet" does not automatically make an image free up for grabs for anyone to use for any purpose. If you did not take the photo, or create the image, and you are using that image, you are technically stealing. It doesn't matter if you are giving credit to the original creater/photographer. It doesn't matter if you're not making money from using that image. If you did not receive explicit permission from the owner of that image, you ARE using that image illegally, and the owner has every right to take legal action against you.
Now, as someone said, 99.99% of the time, no one is going to really take the time to sue someone over using a image. The only people who may are possibly professional photographers. However, most of the time, the "offenders" can usually be scared into not using the image.
And we're all guilty of this. We've all shared some funny picture or whatever, and some images on the web are so old Lord only knows who the creater was.
If you want to protect your own images, watermarking or just putting your name on them can deter all but the most determined "image thieves."
Yea it's stealing by all definitions of it. Call the cops or sue kind of stealing no. Send them an email kind of stealing yes. As far as who's the owner, that can be a grey area, some forums claim ownership of all posted material, but that's not really the issue here, either way it's not public domain and was just wrong to do.
I hate that people that do this kind of stuff, because I hate watermarks and sigs on pics, I hate scripts designed to stop save as functions, just as I hate bars on a house window, but you do what you have to do I suppose. I do personally save a lot of pics for inspiration and ideas, not really tort related pics, but with my other hobbies, but I never use them on my site or in my shop.
I hate that people that do this kind of stuff, because I hate watermarks and sigs on pics, I hate scripts designed to stop save as functions, just as I hate bars on a house window, but you do what you have to do I suppose. I do personally save a lot of pics for inspiration and ideas, not really tort related pics, but with my other hobbies, but I never use them on my site or in my shop.
I would not order from this company knowing that they stole someone's photos without permission. If it was me I would be angry. I would definately at least let them know about it. It's just not right!!
Oh and I just re-read your post. They are a member on here and posted their website on the forum from which they stole?? Amazing!!
Oh and I just re-read your post. They are a member on here and posted their website on the forum from which they stole?? Amazing!!
By the letter of the law, yes it is stealing. I have seen this time and time again on the BOI on Fauna, and the stealer never comes out ahead.
I would just ask them to credit your name. People are free to download my paintings. I don't care. This is not that important to get all worked up about. If I remember correctly, you are not allowed to use a photo of a humans face without permission. That is why the blur faces on tv.
~C
~C
Wow! I would say they need to give u free goodies or find their own pics... free stuff is always good! Good luck!
At the very least they should have asked your permission.
JD, your emotions are completely understandable. If you are flattered but want credit, treat this like a business. Put copyright marks on your photos and put together some notice on how to contact you for a license for use. You should be flattered, and you should be compensated, in whatever form that takes for you. Maybe it's credit for the photo, or maybe it's financial or a trade. I might not start out accusatory (depending on the folks that run this business), because maybe this could work out to be a nice thing for you. If you order a lot of things from this business, maybe start out with a request for a trade.
(Perhaps you were not aware that the images you are using were taken by me and that I own the copyright. I appreciate that you enjoy my images and find them useful, therefore, I would be happy to work out an agreement that would give you a limited license to use the images on your website. I would ask the amount of $-- for an annual license which would include the use of the images on the website only/Please advise what you would be willing to offer for an annual license that would include the use of the images on the website only. I would also be happy to discuss additional licenses to use the images in other advertising. Please advise as to your thoughts. I believe that we can come to a mutually agreeable arrangement that would allow you to continue using my images.) If you are willing to accept a trade or maybe a discount (25% off all purchases for a year?), you can put that in there.
Just be sure to mark the photos they are using so that someone else doesn't take them from that website. If they tell you to pack sand, that's the time to be firm.
Also, the above does not constitute legal advice and does not create an attorney/client relationship between us. It merely represents my personal opinion on what I might do (make lemonade!).
(Perhaps you were not aware that the images you are using were taken by me and that I own the copyright. I appreciate that you enjoy my images and find them useful, therefore, I would be happy to work out an agreement that would give you a limited license to use the images on your website. I would ask the amount of $-- for an annual license which would include the use of the images on the website only/Please advise what you would be willing to offer for an annual license that would include the use of the images on the website only. I would also be happy to discuss additional licenses to use the images in other advertising. Please advise as to your thoughts. I believe that we can come to a mutually agreeable arrangement that would allow you to continue using my images.) If you are willing to accept a trade or maybe a discount (25% off all purchases for a year?), you can put that in there.
Just be sure to mark the photos they are using so that someone else doesn't take them from that website. If they tell you to pack sand, that's the time to be firm.
Also, the above does not constitute legal advice and does not create an attorney/client relationship between us. It merely represents my personal opinion on what I might do (make lemonade!).
On a search engine, awhile ago, I searched "South African Leopard Tortoise", and was very surprised to see some pics of MY animals. I guess I never realized where those pictures came from. I don't think that there's any collectable damages here.I always thought that if they weren't copyrighted, that they are public domain. There's really little you can do anyway. How much are you willing to spend to pursue this? I'd forget about it and maybe be a little flattered that your pics were used.
When it comes to the reptile market/community, there are two main factors that come into play with this issue of copyrighting photos: your own individual animals and your photography skills.
The first one can be a big deal if you are a breeder and another dealer/breeder/seller is using images of YOUR animals to sell theirs. Usually, those individuals like to "borrow" images of nicer-looking animals as a general photo for their site where they wholesale many different animals. They may even say something to effect of "The animal in the photo may not be the animal for sale." But bottom line: if they did not get permission from you beforehand, they are illegally using your property to make money. Not only is it thievery from you, but it sometimes can be fraudulent to their customers if they do not specify that the animal in the photo is not actually in their stock.
The second issue is a big deal if you consider yourself to be a photographer by hobby. Its kind of a grey area, but if you're just taking quick snapshots without any care to lighting, setting, etc, you're probably not a photography aficionado. If you have some fancy camera that cost you more than one paycheck, you take like 100+ pictures just to get a handful of good ones, and/or you have a light box, then chances are you're a photography geek. Likewise, you take pride in the photos you post of your animals, because you took time and care to get that perfect shot of your tortoise munching on a strawberry. Regardless of subject matter, it is just as illegal for someone to use your photos for, let's say, post cards, t-shirts, or even as the welcome photo on their own website. They are essentially marketing themselves using something that belongs to you.
It may not seem like a big deal to some, but it is indeed a very big deal to many. Just food for thought.
The first one can be a big deal if you are a breeder and another dealer/breeder/seller is using images of YOUR animals to sell theirs. Usually, those individuals like to "borrow" images of nicer-looking animals as a general photo for their site where they wholesale many different animals. They may even say something to effect of "The animal in the photo may not be the animal for sale." But bottom line: if they did not get permission from you beforehand, they are illegally using your property to make money. Not only is it thievery from you, but it sometimes can be fraudulent to their customers if they do not specify that the animal in the photo is not actually in their stock.
The second issue is a big deal if you consider yourself to be a photographer by hobby. Its kind of a grey area, but if you're just taking quick snapshots without any care to lighting, setting, etc, you're probably not a photography aficionado. If you have some fancy camera that cost you more than one paycheck, you take like 100+ pictures just to get a handful of good ones, and/or you have a light box, then chances are you're a photography geek. Likewise, you take pride in the photos you post of your animals, because you took time and care to get that perfect shot of your tortoise munching on a strawberry. Regardless of subject matter, it is just as illegal for someone to use your photos for, let's say, post cards, t-shirts, or even as the welcome photo on their own website. They are essentially marketing themselves using something that belongs to you.
It may not seem like a big deal to some, but it is indeed a very big deal to many. Just food for thought.
Yeah, it's stealing...but whatrya gonna do? You could pursue some type of litigation if you really want to invest the time and money. I for one don't think it's worth it...but everyone is different.
I think when we post pictures on a site like this we would have to assume the pictures are going to be copied and used without our permission and often without us even knowing.
I think when we post pictures on a site like this we would have to assume the pictures are going to be copied and used without our permission and often without us even knowing.
90% of the time, it really isn't worth it, especially in a community like this. But I run my own freelance company as a graphic artist, and I am very careful what images I upload and where. If I create artwork, and have it on my online portfolio, I can and will take action against any fool who thinks he can swipe it and start making t-shirts off of something I made.
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Oh no, is this your tortoise? (LINK CONTAINS F-WORD) http://s3.amazonaws.com/kym-assets/...00/213/578/Ifuckinglovecocaine.PNG?1323207975
It's been turned into an internet joke!
It's been turned into an internet joke!
yagyujubei said:
I also searched for box turtle outdoor enclosures, and outdoor tortoise gardens and lots of my pictures came up. In fact a friend of mine was looking to get some idea's for her boxie garden and saw some of my pictures and called me to tell me about it. Something like that doesn't bother me, but if you use pictures of my tortoises on your site and you are using my pictures to represent your information, then that is a different matter.
Nowadays, pictures and created images in the internet are prone to "stealing" especially shared photos in blogs or personal website, that "thieves" use in their own ads, avatars, websites etc.
Not to go off-topic here, but how can I copyright my own pictures if copyright is un-registered? How can it be copyrighted without registration? What proof have I, that they are my own pictures, produced by me? One could claim that they're his/hers.
Without official or legal claims, I think it is really hard to pursue the "thief" or even prevent the stealing, especially at the present days, where most people lack moral values and principles and just being opportunistic to make works easy.
But YES it is stealing! At least, to us rightful owners who know the truth. But we can't do anything about it (if there is no official and registered copyright).
Not to go off-topic here, but how can I copyright my own pictures if copyright is un-registered? How can it be copyrighted without registration? What proof have I, that they are my own pictures, produced by me? One could claim that they're his/hers.
Without official or legal claims, I think it is really hard to pursue the "thief" or even prevent the stealing, especially at the present days, where most people lack moral values and principles and just being opportunistic to make works easy.
But YES it is stealing! At least, to us rightful owners who know the truth. But we can't do anything about it (if there is no official and registered copyright).
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