Stolen images

spidergecko · 12-28-04, 10:03 PM

What do you guys do when you find an image from your website being used on another site without your permission? Unless the pictures are truly registered copyrights, I think the little (c) we put beside pics means nothing.

I recently found a Japanese site that has used 4 of my images. Two of them were taken from my site and were credited. I am fine with that. However, two others were taken from a forum board so I probably didn't mark them (although the Japanese site did modify my pics - inverted the pics, changed the credit to their own font, etc. so they may have removed the mark.) I wouldn't have minded if they credited the board they took them from but they didn't. To make matters worse, the posts containing the pics are no longer on the original board; but I still have the digicam originals on my hard drive.

I sent a polite email asking them to mark my website on the pics or to remove the pics.

Anyway, I suppose, despite the irritation, it's not really a big deal. It's an informational site and at least someone likes my photos

Has anyone encountered this and how did you resolve it?

BTW, I am only mentioning they are Japanese because I don't speak Japanese. That made my email that much harder to write. I had to use Babelfish and really simplify the text so that my email made a little sense. (I sent it in both English and Japanese.)

spidergecko · 12-29-04, 10:26 PM

I guess it isn't as common as I thought

Rikki · 12-29-04, 10:34 PM

It is, im in web hosting and design ( I own Kyrosera.com) and we have it happen all of the time. Take it to a law suit

daiyoukai · 12-30-04, 09:06 AM

I usualy dont put that much thought into using someone elses image. If it's a non high traffic board like this I doubt there would be that much bandwidth loss and most of the time I host them on my another server. It's never "artistic" photo's either, just a discriptive picture.

BWSmith · 12-30-04, 09:11 AM

As soon as you take a photo, it is automatically copyrighted. I think it falls under intellectual property. I have had that problem with my avatar photo. I actually had someone email me and say that it was theres and that I had to take it off my site. I informed them that I still all of the originals from that series from strike to swallow and they THEY needed to remove it. They got very humble.

spidergecko · 12-30-04, 09:49 AM

I didn't know that. I guess I should be more aggressive if I want the pics removed.

The owner of the private site has moved my pics to his own server, after modifying them, so neither I nor the forum is losing bandwidth. I wish he hadn't though because if I still had the control of the pics I would modify or remove them from the forum.

Rikki · 12-30-04, 10:40 AM

Thats not true BWSmith. All pictures taken rather yours or not and posted public are free to use uless other wise stated. A copyright will protect your work for lifetime and then 70 years after you have passed away. Unless you have a copyright which cost about $100 images are free to use

spidergecko · 12-30-04, 11:18 AM

According to this article, everything posted on the internet is copyright and you don't need to apply for a copyright. It is just assumed:

http://www.templetons.com/brad/copymyths.html

This site states the same:

http://fairuse.stanford.edu/Copyrigh...er0/index.html

Rikki · 12-30-04, 11:36 AM

From LegalZoom.com:
--------------------------------------------------------
Material not protected by copyright purchase (or otherwise protected) is available for use by anyone, without the author's consent. On the other hand, an author of a copyrighted work may prevent others from copying, performing or otherwise using the work without the author's consent.
------------------------------------------------------

The sites you listed are as said just assumed, and not true.

spidergecko · 12-30-04, 12:55 PM

I don't know... According to the US Copyright Office, under "WHAT WORKS ARE PROTECTED?":

Quote:

pictorial, graphic, and sculptural works

It also reads:

Quote:

HOW TO SECURE A COPYRIGHT
Copyright Secured Automatically upon Creation
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following Note.) There are, however, certain definite advantages to registration. See "Copyright Registration."

Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the "work") can be fixed in sheet music (" copies") or in phonograph disks (" phonorecords"), or both.

If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.

Anyway, this is just from some quick searches. I'm sure even if the pics were protected we would have a hard time enforcing it. It's interesting to know, nonetheless.

BWSmith · 12-30-04, 02:35 PM

I knew I was right!

marisa · 12-30-04, 02:42 PM

Qoute directly from the US Copyright website:

"When is my work protected?

Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

http://www.copyright.gov/help/faq/

Marisa

meow_mix450 · 12-30-04, 03:35 PM

If you ahve a website and want to protect you imgine dont let them right click. But most can probly counter that

Meow

Linds · 12-30-04, 04:00 PM

Yes, I've found my pics on web sites before, but it wasn't a big deal at all, as well as there's been at least one instance I know of someone passing around my picture claiming that it was there animal. LOL... Mr. Poopypants is known well enough, it isn't like nobody would catch on to that one! All they did was relabel the pic as 'commongroundboa' (lol... not even the right ssp.

). I'm guilting of not putting the little 'c' on my pics, but that's bascially because I do not know how to get my computer to type it

I was always under the impression that that was unecessary though, and that it was automatically copyrighted the moment you posted it.

Quote:

Originally posted by BWSmith
I actually had someone email me and say that it was theres and that I had to take it off my site.

LMAO!

Gary D. · 12-30-04, 05:16 PM

It is my understanding that images as they appear in their original context are infact the subject of intelectual and artistic copyright, however if there 5 significant changes to that image the owner of the original has no claim because the original artistic composition is no longer intact. (color change, distortion, collage, etc. would be examples of significant shanges)