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SportsShooter.com: Member Message Board

newswire allegedlysteals iconic haiti photo then sues photog
Joseph Zimmerman, Photographer
Howard | Pa | USA | Posted: 8:01 AM on 05.04.10
->> Summary: Photographer takes photo. Photographer posts photo to twitter(Twitpic). Wires used photo claiming fair use. Photographer sends letter. Wire sues photographer.

http://www.petapixel.com/2010/04/27/news-wire-allegedly-steals-iconic-haiti.../

and some more info:

http://www.1854.eu/2010/04/agence_france_presses_slap_to.html
 This post is:  Informative (0) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

David Harpe, Photographer
Denver | CO | USA | Posted: 9:07 AM on 05.04.10
->> Wow.

Here's how you avoid this problem: Don't post unwatermarked photos online that you don't want copied everywhere.

Done and done.
 This post is:  Informative (3) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Martin McNeil, Photographer
East Kilbride | Lanarkshire | United Kingdom | Posted: 12:11 PM on 05.04.10
->> This is all kinds of nasty and a situation I'll be keeping a watch over.
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John Korduner, Photographer
Baton Rouge | LA | United States | Posted: 12:33 PM on 05.04.10
->> I wouldn't want any part of that suit, It would take me hours to untangle the conflict of laws issues alone...and there's a good chance I'd still lay a goose egg before I even got to the IP matter.

There's an artist from Tennessee that experienced something similar a few months ago, and it's costing him a fortune to litigate.
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James Broome, Photographer
Tampa | FL | US | Posted: 12:39 PM on 05.04.10
->> Agreed, Martin. I'll be watching this unfold.
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Michael Fischer, Photographer
Spencer | Ia | USA | Posted: 4:57 PM on 05.04.10
->> Best defense is a good offense appears to be AFPs strategy.No doubt banking on the hope the guy doesn't have the resources to fight.

Michael
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Thomas Webb, Student/Intern
Gilroy | CA | USA | Posted: 5:11 PM on 05.04.10
->> I was under the impression that Twitpic was not owned by the same company as Twitter. It was designed to be used with Twitter, but does not fall under the same laws. It's an important legal distinction, or so I'm told.
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Mark Loundy, Photo Editor
San Jose | CA | USA | Posted: 5:28 PM on 05.04.10
->> Thomas,

What laws do you think are different between the two services?

--Mark
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Harrison Shull, Photographer
Fayetteville, WV | Asheville, NC | | Posted: 7:09 PM on 05.04.10
->> Ditto to Mr Harpe!!!

While what AFP did was morally destitute, the photog was playing with fire posting stuff online and to a social networking site no less.

Low-res, watermarks, and copyright registration is the way to go.
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Chuck Liddy, Photographer
Durham | NC | USA | Posted: 8:30 PM on 05.04.10
->> I actually wondered why he did that also. he is a former wire service photographer? I can't imagine posting photos on FB, Twitter, MySpace et all.....to get business. Oh well, I guess we'll see who wins this fight. I'm on his side of course but if I had time to send some stuff to a social networking site I sure as well would have had time to CALL a news service and negotiate a deal.
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Chuck Steenburgh, Photographer
Lexington | VA | USA | Posted: 8:54 PM on 05.04.10
->> If he had taken Zoriah's on-site seminar, he'd have known better...
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Thomas E. Witte, Photographer, Photo Editor
Cincinnati | OH | USA | Posted: 2:40 AM on 05.05.10
->> Well, technically Chuck, he succeeded greatly in getting his work in front of billions of eyes. Although WGAS because he's not getting paid for it which is sort of a caveat when you're a self employed.

What I find most amusing is Twitter's TOS:

-------------------
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

(((Tip This license is you authorizing us to make your Tweets available to the rest of the world and to let others do the same. But what’s yours is yours – you own your content.)))

You agree that this license includes the right for Twitter to make such Content available to other companies, organizations or individuals who partner with Twitter for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

(((Tip Twitter has an evolving set of rules for how API developers can interact with your content. These rules exist to enable an open ecosystem with your rights in mind.)))

Such additional uses by Twitter, or other companies, organizations or individuals who partner with Twitter, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
-------------

They essentially say this; "All the stuff is yours, we're just going to do whatever we please with it with no compensation to you. But don't worry, it's still yours."
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Eric Isaacs, Photographer
Santa Barbara | CA | USA | Posted: 4:03 AM on 05.05.10
->> Twitter is to twits what Morongo (Casino) is to morons...

Zzzzzz


EMI
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Nina Zhito, Photographer
bay area | CA | | Posted: 2:16 AM on 05.14.10
->> Both relevant to this discussion and in keeping with recent lists offering tips from PhotoShelter on how to earn love and assignments from photo editors, Wired.com's Photo Department has a list of "10 Photography Pet Peeves We’d Throw Down a Black Hole". Included is this insight: " For photo editors looking for potential photographers, the watermark is usually just a sign of someone who will be difficult to work with..." For the full article --and complete context-- go to: http://tinyurl.com/26beahk
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Eric Canha, Photographer
Brockton | MA | United States | Posted: 10:29 AM on 05.14.10
->> On the subject of watermarks I love the guy who piped up about Wired having stolen his photo and cropped the wm. The advise to NOT watermark in my opinion is total bull. The notion that you should put work on the web and then enforce your right if infringed is like saying that you should leave the doors open and then press charges if you get ripped off.

My photos aren't meant to be enjoyed UNTIL they are PAID for. So if the watermarks are hindering your enjoyment PAY ME and they'll go away. Oh and if that makes me difficult to work with...... GREAT!
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Eric Francis, Photographer
Omaha | NE | United States | Posted: 11:42 AM on 05.14.10
->> "The notion that you should put work on the web and then enforce your right if infringed is like saying that you should leave the doors open and then press charges if you get ripped off."

While it may be stupid to leave your doors open while you're away, it's still illegal for someone to just take your stuff. Or am I wrong?
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Robert Scheer, Photographer
Indianapolis | IN | USA | Posted: 4:21 PM on 05.14.10
->> Related/Relevant IMO: This is why I don't post ANY of my newspaper stuff on my Facebook/Twitter account, before or after it's been published. I have coworkers who do this constantly. I figure that my paper owns the copyright, so it's not mine to repost. If I want someone to see it, I post a link to our paper's photo gallery.

In this climate, has anybody seen someone fired over something like this?
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Thread Title: newswire allegedlysteals iconic haiti photo then sues photog
Thread Started By: Joseph Zimmerman
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