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SportsShooter.com: Member Message Board

Help My photo was used without permission or payment
David Seelig, Photographer
Hailey | ID | USA | Posted: 4:39 PM on 01.01.16
->> here http://societyofrock.com/student-meets-teacher-when-stevie-ray-vaughan-join...
How do I procede thanks all it was taken off my photoshelter site
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Jim Colburn, Photographer
Omaha | NE | USA | Posted: 5:27 PM on 01.01.16
->> "Two Easy Steps for Using the DMCA Takedown Notice to Battle Copyright Infringement"

https://nppa.org/page/5617
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Clark Brooks, Photo Editor, Photographer
Urbana | IL | USA | Posted: 5:57 PM on 01.01.16
->> Did you register the image with the US Copyright Office?
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Paul Alesse, Photographer
Coram | NY | USA | Posted: 7:20 PM on 01.01.16
->> I guess they figured that a photo credit and exposure on their world renowned website would be payment enough.
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Doug Pizac, Photographer
Sandy | UT | USA | Posted: 8:41 PM on 01.01.16
->> Ditto on if you registered the copyright. Doing so allows your attorney to recoup his/her fees in addition to infringement penalties. No registration neuters your attorney's ability to fight for you.

Another option to copyright infringement is the Digital Millennium Copyright Act that deals with embedded metadata; it cannot be deleted without the author's permission. I downloaded the photo from the link you provided and all the metadata has been scrubbed clean. Does your Photoshelter image have full metadata, including your copyright ownership credit? If it is equipped with metadata, then you should be able to enforce DMCA which allows for a penalty range of $2,500-25,000 -- plus attorney fees -- which may attract a lawyer to take it on without you paying for his/her fees.

But here's a wrench in the mix. You say the photo was lifted from your Photoshelter account which let us presume has embedded metadata. The photo credit on the lifted picture however says: Google via David N. Seeley. This tells me that they didn't take the photo from your website, but from Google's collection of imagery via its search engine. Have you found your photo in Google's database, and does it have your metadata? If not, then Google scrubbed it whereupon the website will claim there was nothing there to delete therefore they are innocent. That's a viable defense. However, if the Google copy does have your metadata then the only way it could be scrubbed was by the website owners which is where the violation occurred.

You need to do more homework and get your ducks in a row. And if you have ducks, then you should be able to tweak the interest of an IP attorney to help you.
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Brian Westerholt, Photographer
Kannapolis | NC | USA | Posted: 12:04 PM on 01.02.16
->> The other question I have is if you are using Photoshelter to host your archive, you should be taking advantage of the capability to have a watermark across all of your images. There are several ways it can be done on PS - here is a link to an article that talks about watermarking - https://support.photoshelter.com/hc/en-us/articles/203375250-Watermarking-Y...
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David Seelig, Photographer
Hailey | ID | USA | Posted: 5:04 PM on 01.02.16
->> They croped out my watermark yes on photoshelter no not copywriter . Yes it had meta data stripped.
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Mark Loundy, Photo Editor, Photographer
San Jose | CA | USA | Posted: 10:59 PM on 01.02.16
->> Doug,

That is not correct. Lack of metadata – however it happened – is not a defense.The infringement occurs in the re-usage, It's like "hot potato." Although actions deliberately designed to aid in infringement can be termed "contributory infringement.:

--Mark
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Doug Pizac, Photographer
Sandy | UT | USA | Posted: 11:37 AM on 01.03.16
->> Mark...

I stand corrected. I was thinking of something else. Thx.
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Michael Granse, Photographer
Urbana | IL | USA | Posted: 5:45 PM on 01.03.16
->> Why on earth would someone use an image without permission or payment yet still credit the photographer for the image? This is a bit like stealing a car that has LoJack and parking it in your own driveway as it leads the photographer straight to the misused image.
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Scott Serio, Photo Editor, Photographer
Colora | MD | USA | Posted: 11:12 PM on 01.03.16
->> Folks...the amount of lunacy regarding copyright is astounding. There are outright thieves who steal stuff and resell it and just plain uninformed folks who think if it is on the internet it is free. Doesn't matter...here is what I have found.

1. Get a relationship with a copyright defense group. I use ImageRIGHTS. They have served me well.
2. Register your images QUICKLY. Timely submission is paramount
3. If you see an infringement, report it.
4. Places like ImageRIGHTS will assess the infringement and infringer.
5. Based on the assessment they will suggest either a DCMA takedown notice or going forward after monetary damages.

They are efficient. They are aggressive. I started doing this in earnest this summer. I have had six cases paid so far, three more in the pipeline, we have another 65 cases open, another 55 where DCMA takedowns were sent. I end up doing a 55/45 split with them, which is great. The biggest impediment I have had in the past was people just disregarding my efforts because they figured I didn't have the resources to go ahead with a Federal lawsuit.

Not so much any more with ImageRIGHTS. People settle, often and quickly.
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Scott Serio, Photo Editor, Photographer
Colora | MD | USA | Posted: 11:14 PM on 01.03.16
->> Oh, and removing the copyright enhances the amount they can be sued for...

Did they add their copyright? That enhances their liability as well...

Get a good copyright company... ImageRIGHTS is awesome.
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Marvin Gentry, Photographer
Birmingham | AL | USA | Posted: 1:00 PM on 01.04.16
->> This is a very good topic and one that needs to be elaborated on more. So Scott do you copyright EVERY image you shoot? How many can you do at a time? Maybe the higher ups of the website or maybe photoshelter could do a story on this.
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Doug Pizac, Photographer
Sandy | UT | USA | Posted: 2:49 PM on 01.04.16
->> Marvin...

How many you can register depends on the application process. If you want to register ONE photo, one poem, one design, etc., the fee is $35. If you want to register more than one photo at a time then it is $55 for 2 pictures, 200 or 2,000. Here's the link to registration types and fees:
http://copyright.gov/about/fees.html

Since you can copyright multiple images for one fee, it would be dumb to register only a couple photos from the shoot instead of the entire take because if you later re-edit and select another photo that wasn't initially registered then you have to register the new select and pay another fee. For example, let's say you need an image from a game later on of player who has just committed a big crime and you're on deadline to market it. Because it was already registered the photo is fully protected from those who may not want to pay your licensing fee.

As to Photoshelter doing a story on it, here is the link to their copyright guide:
http://www.photoshelter.com/resources/photographers-guide-to-copyright
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Scott Serio, Photo Editor, Photographer
Colora | MD | USA | Posted: 12:15 AM on 01.07.16
->> With my ImageRIGHTS USCO submissions, I think the threshold is 750 images from within the same year. With the plan I have with them, I get three free submissions a year, but end up getting more.

We don't submit everything, but make sure we submit the important stuff as quickly as we can. Got another email tonight about a $2200 settlement, of which I clear 55%. There are like five or six cases pending settlement for around $3500 clear.

This company is no joke. They lean on people and lean hard. In the past these thieves would just tell me to **** off and pray I couldn't sue them. Now...I have a company with some serious juice. They settle.
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Thread Title: Help My photo was used without permission or payment
Thread Started By: David Seelig
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