Yet another "stolen" photo

"Alan Browne" wrote in message
...
On 18-06-09 17:04, Draco wrote:
On Jun 18, 4:05 pm, "Eric
wrote:
"Walter wrote in message

...


Eric Miller wrote:
The following is a link to one of my photos posted on another website
without permission.
http://dailyviews.runnersworld.com/2009/06/madam-your-shorts-appear-t...
The following is the link to the photo on my website.
http://www.dyesscreek.com/events/index.php?display=ict%2F2009%2Frun%2...
I do find it mildly annoying that no one asked my permission before
using
it. I don't make any money off these race photos but still, I never
like
it
when they are used like this. I'm not going to be threatening action
against
anyone but does anyone have any suggestions about how to approach the
offender in this situation?
I don't condon stolen photo's.
Not to throw in a cold wet towel. The runners world photo credits you
as the photographer and there is an implication it was submitted by the
runner in the photo. On this one I would be careful until all the facts
are
known. It is possible that the runner has a copyright claim.
Regards
Walter..
How could the runner have a copyright claim to my photo?

Eric Millerwww.dyesscreek.com

Even though the picture is taken during a public event, the image of
the person still remains with that person and not the photographer.

No.

I'm not American but I'm sure that even in the USA the photographer has the
sole copyright to his artistic works (ie. the photo) whatever the subject.
Runners World are a grown-up mag and they will know this, normally such
publications require you to sign a document stating that you are the
copyright holder before they publish. I guess with on-line publications
like this the clause may be in one of those boring forms we all ignore and
just click the "get on and do it button" at the bottom of, in which case the
runner may be the one who made the mistake.

Either way I would expect them to apologise and remove the photo if you
insist. Remember to be pleasant.

"Eric Miller" wrote in message
.. .
The following is a link to one of my photos posted on another website
without permission.

http://dailyviews.runnersworld.com/2009/06/madam-your-shorts-appear-to-be-sudsy.html

The following is the link to the photo on my website.

http://www.dyesscreek.com/events/index.php?display=ict%2F2009%2Frun%2F_mg_8890.JPG

I do find it mildly annoying that no one asked my permission before using
it. I don't make any money off these race photos but still, I never like
it when they are used like this. I'm not going to be threatening action
against anyone but does anyone have any suggestions about how to approach
the offender in this situation?

Eric Miller
www.dyesscreek.com


Clearly the subject of this photo doesn't mind it being published and indeed
may be the person who sent it to RW but it's normal etiquette to not
gratuitously publish embarrassing photos taken at sports events,
particularly events which involve swimming. Athletes are performing their
sport not entering a fashion contest and in doing so can end up in some
fairly unflattering poses, when things go wrong the last thing they want to
have is someone snapping away and then publishing for all the world to see.

"Eric Miller" wrote in message
.. .
The following is a link to one of my photos posted on another website
without permission.

http://dailyviews.runnersworld.com/2009/06/madam-your-shorts-appear-to-be-sudsy.html

The following is the link to the photo on my website.

http://www.dyesscreek.com/events/index.php?display=ict%2F2009%2Frun%2F_mg_8890.JPG

I do find it mildly annoying that no one asked my permission before using
it. I don't make any money off these race photos but still, I never like
it when they are used like this. I'm not going to be threatening action
against anyone but does anyone have any suggestions about how to approach
the offender in this situation?

Eric Miller
www.dyesscreek.com



They should publish it again, and give you credit for it the second time. It
seems to me that that's the least they could do in the way of an apology.

On 18-06-09 18:18, Calvin Sambrook wrote:
"Alan Browne" wrote in message
...
On 18-06-09 17:04, Draco wrote:
On Jun 18, 4:05 pm, "Eric
wrote:
"Walter wrote in message

...


Eric Miller wrote:
The following is a link to one of my photos posted on another website
without permission.
http://dailyviews.runnersworld.com/2009/06/madam-your-shorts-appear-t...

The following is the link to the photo on my website.
http://www.dyesscreek.com/events/index.php?display=ict%2F2009%2Frun%2...

I do find it mildly annoying that no one asked my permission
before using
it. I don't make any money off these race photos but still, I
never like
it
when they are used like this. I'm not going to be threatening action
against
anyone but does anyone have any suggestions about how to approach the
offender in this situation?
I don't condon stolen photo's.
Not to throw in a cold wet towel. The runners world photo credits you
as the photographer and there is an implication it was submitted by
the
runner in the photo. On this one I would be careful until all the
facts
are
known. It is possible that the runner has a copyright claim.
Regards
Walter..
How could the runner have a copyright claim to my photo?

Eric Millerwww.dyesscreek.com

Even though the picture is taken during a public event, the image of
the person still remains with that person and not the photographer.

No.

I'm not American but I'm sure that even in the USA the photographer has
the sole copyright to his artistic works (ie. the photo) whatever the
subject.

That is the default in most places.

In Canada if you _hire_ a photographer then the rights belong to the
person contracting (unless released in the agreement). In the US it
takes an agreement to assign the rights to the contracting party.



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On 18-06-09 18:17, Pete D wrote:
"Alan wrote in message
...
On 18-06-09 13:51, Eric Miller wrote:
The following is a link to one of my photos posted on another website
without permission.

http://dailyviews.runnersworld.com/2009/06/madam-your-shorts-appear-to-be-sudsy.html

The following is the link to the photo on my website.

http://www.dyesscreek.com/events/index.php?display=ict%2F2009%2Frun%2F_mg_8890.JPG

I do find it mildly annoying that no one asked my permission before using
it. I don't make any money off these race photos but still, I never like
it
when they are used like this. I'm not going to be threatening action
against
anyone but does anyone have any suggestions about how to approach the
offender in this situation?
Eric, was it you that posted a comment on the Runner's World site:

"" ps. a shout out to Eric Miller for the great shot!

Perhaps he wants it both ways?

Who doesn't!

--
-- r.p.e.35mm user resource: http://www.aliasimages.com/rpe35mmur.htm
-- r.p.d.slr-systems: http://www.aliasimages.com/rpdslrsysur.htm
-- [SI] gallery & rulz: http://www.pbase.com/shootin
-- e-meil: Remove FreeLunch.
-- usenet posts from gmail.com and googlemail.com are filtered out.

Eric Miller wrote:
The following is a link to one of my photos posted on another website
without permission.

http://dailyviews.runnersworld.com/2009/06/madam-your-shorts-appear-to-be-sudsy.html

The following is the link to the photo on my website.

http://www.dyesscreek.com/events/index.php?display=ict%2F2009%2Frun%2F_mg_8890.JPG

I do find it mildly annoying that no one asked my permission before using
it. I don't make any money off these race photos but still, I never like it
when they are used like this. I'm not going to be threatening action against
anyone but does anyone have any suggestions about how to approach the
offender in this situation?

Eric Miller
www.dyesscreek.com




Eric... Be grateful you got the credit. You did say you don't make any
money from taking these sort of photos. Unless you register the
copyright you can't do much more than use the DMCA to have the host take
the photo down... And then you won't have any recognition and probably
will get black listed by the publisher and maybe the event organiser who
may have been the one handing over the picture.

http://www.copyright.gov/help/faq/faq-fairuse.html

Now here's the facts. If you're interested in them. The lady in the
photo has a right to decide what happens to her picture when she is the
only identifiable person in it.

Unless you got a model release (and a broad contractual agreement from
the promoter is not enough) from the lady... Not even you ...can sell
that picture without running the risk of being sued by her.

Even though this may be an junior and unpaid event, you need a contract
with the promoter and model releases from every one you photograph
before you can independently claim copyright on a photo of a single person.

The Canuks do it differently but in the good old US of A and Europe, you
can take a photo of anyone you want to (within confines of sexual and
harassment laws) but don't have any right to take someone's photo in a
competition or recognised event(including performances) without their
permission... Unless they are in a public group of people. There's a
tiny bit more there but that's the crux of it.

It gets worse when you try to sell the shot or give it away in trade for
something. Without you having a model release, The lady can own you if
the image is published without he knowledge.

Suit up mate. Get some documentation or put up with the flames. The
image is being used with full credits given and not to denigrate the
photographer or the subject. It comes under the heading of fair use.

Eric Miller wrote:
The following is a link to one of my photos posted on another website
without permission.

http://dailyviews.runnersworld.com/2009/06/madam-your-shorts-appear-to-be-sudsy.html

The following is the link to the photo on my website.

http://www.dyesscreek.com/events/index.php?display=ict%2F2009%2Frun%2F_mg_8890.JPG

I do find it mildly annoying that no one asked my permission before using
it. I don't make any money off these race photos but still, I never like it
when they are used like this. I'm not going to be threatening action against
anyone but does anyone have any suggestions about how to approach the
offender in this situation?

First, register your copyright on that image (you have 90 days from
date of publication).

Then send the infringer a bill.

If they don't pay you have to go to a lawyer, but if your price is
reasonable they'll probably just pay.

For editorial use like this, a model release isn't required.

Alan Browne wrote:
On 18-06-09 13:51, Eric Miller wrote:
The following is a link to one of my photos posted on another website
without permission.

http://dailyviews.runnersworld.com/2009/06/madam-your-shorts-appear-to-be-sudsy.html


The following is the link to the photo on my website.

http://www.dyesscreek.com/events/index.php?display=ict%2F2009%2Frun%2F_mg_8890.JPG


I do find it mildly annoying that no one asked my permission before using
it. I don't make any money off these race photos but still, I never
like it
when they are used like this. I'm not going to be threatening action
against
anyone but does anyone have any suggestions about how to approach the
offender in this situation?

Eric, was it you that posted a comment on the Runner's World site:

"" ps. a shout out to Eric Miller for the great shot!

http://www.dyesscreek.com/
Posted by: Eric | Jun 18, 2009 11:18:50 AM ""




No, that is apparently the husband of the lady in the photo. He also
posted a comment on my site.

Eric Miller
www.dyesscreek.com

On Thu, 18 Jun 2009 12:51:06 -0500, "Eric Miller"
wrote:
: The following is a link to one of my photos posted on another website
: without permission.
:
: http://dailyviews.runnersworld.com/2009/06/madam-your-shorts-appear-to-be-sudsy.html
:
: The following is the link to the photo on my website.
:
: http://www.dyesscreek.com/events/index.php?display=ict%2F2009%2Frun%2F_mg_8890.JPG
:
: I do find it mildly annoying that no one asked my permission before using
: it. I don't make any money off these race photos but still, I never like it
: when they are used like this. I'm not going to be threatening action against
: anyone but does anyone have any suggestions about how to approach the
: offender in this situation?

Challenge him to a duel.

Bob

Annika1980 wrote,on my timestamp of 19/06/2009 12:20 PM:


"Under the fair use doctrine of the U.S. copyright statute, it is
permissible to use limited portions of a work including quotes, for
purposes such as commentary, criticism, news reporting, and scholarly
reports."

Hmm, sounds like someone could repost all of your photos for
commentary and criticism if they wanted. Agree?


You don't understand English well, do you?
Which part of "limited portions of a work" do you think is the same as "all of
your photos", stupid moron?