When someone takes your picture

[splat]

1. Link from somewhere on freeskiingworldtour.com's web site (specifically the Kirkwood) section. I am more interested in this because i will be covering this one.

That might be difficult if that isn't their website.
I could be wrong about that...

[Smails]

That's totally inappropriate. It's lewd, vesivius, salacious, outrageous!


who wants a caveman when you can have jackie

Beware Jackie, the Caveman is sneaky smart

[dipstik]

This is not just a "bullshit" move by North Face. It's copyright infringement, which is a violation of Federal law.

I'm sure TNF does not want to become the next K2: http://blog.chasejarvis.com/blog/200...rvis-v-k2.html

Who knows how many other images they have stolen??

And just as a side note, don't ever give your images away for free. Especially to someone like The North Face which spends zillions of dollars on marketing and can definitely afford to compensate you...

[powdork]

This is not just a "bullshit" move by North Face. It's copyright infringement, which is a violation of Federal law.

I'm sure TNF does not want to become the next K2: http://blog.chasejarvis.com/blog/200...rvis-v-k2.html

Who knows how many other images they have stolen??

And just as a side note, don't ever give your images away for free. Especially to someone like The North Face which spends zillions of dollars on marketing and can definitely afford to compensate you...

Keep in mind, TNF is just a sponsor of the event. MSI is a completely different and separate company that operates the event as well as the web site. I now have no problem with them using the image.

That might be difficult if that isn't their website.
I could be wrong about that...

both events are run by msi.

[tahoetool]

Ha! Good luck with the Jacket Court!!!I guess telexc got some good shots on thursday hopefully he will post.

[Buke]

LeeLau could probably offer some good insight into this issue.

[MTT]

Hey, at a minimun, your site has not gotten some additional exposure.

Wouldn't be surprised to see TNF advertising show up on your site in the near future.

BTW I think your sitie is very good Powdork.

I have been pointing people that way of late

[1000-oaks]

First, take down your higher resolution version of the image, you don't want them to swipe that one too.

Then file a copyright registration: http://www.copyright.gov/register/ Take them to small claims court for $2,500. (pretty sure that's the cap for small claims) In small claims court there are no lawyers.

They are in possession of stolen property - your property. You have proof that they stole it (it's on their web site, print it out), you have proof that you own it, and the copyright is even registered. Open and shut case, the judge will award you the $2,500. A portion of this is for punitive damages, and it is absolutely justified in this case. It's theft, and they knew it. And they used it for a commercial enterprise, making money from your work.

No one can tell me their graphic artist is unaware of copyright laws, it's not like it's a soccer mom printing something off the internet for a bake sale.

[1000-oaks]

Precisely, the meat of the case (if there were one) would be how much financial gain did TNF receive as a direct result of that photo? You would have to be able to prove that your photo brought X number of spectators to the event that generated X number of $ for TNF. I believe then you would be entitled to those earnings provided the photo wasn't technically Kirkwood's property because of the potential technicality I mentioned above.

Punitive damages of at least $2,500 are justified, so TNF's actual earnings are irrelevant if you take it to small claims court.

[Full Throttle!]

What happens when someone takes my picture? I cash the huge check, let potential sponsors start a bidding war over me, and start tagging all the hotties lined up to do me!

[1000-oaks]

For editorial use they don't need a photo release.

[powdork]

First, take down your higher resolution version of the image, you don't want them to swipe that one too.

Then file a copyright registration: http://www.copyright.gov/register/ Take them to small claims court for $2,500. (pretty sure that's the cap for small claims) In small claims court there are no lawyers.

They are in possession of stolen property - your property. You have proof that they stole it (it's on their web site, print it out), you have proof that you own it, and the copyright is even registered. Open and shut case, the judge will award you the $2,500. A portion of this is for punitive damages, and it is absolutely justified in this case. It's theft, and they knew it. And they used it for a commercial enterprise, making money from your work.

No one can tell me their graphic artist is unaware of copyright laws, it's not like it's a soccer mom printing something off the internet for a bake sale.

see the above post about how this has been worked out. i'm also not worried about the high res pics. they are there so competitors could view it (from 2006) prior to the event. Also, it's really not that great of a picture IMO, it just happens to be large. Perhaps this year I'll do it in Flash with a zoom function. Still, people can always use the print screen function. In short, it's kind of what the image was intended for. I will always to what I can to help these events succeed. I just felt a bit slighted at the way it was done.


besides, lawsuits are stoopid and when I started in this business, my house was made of glass.

[telexc]

I downloaded the shot that they used and checked the metadata in Bridge CS3.
The Camera data (EXIF), IPTC core, and the File properties is still intact.

EXIF, acronym for "Exchangeable image file format" it's a specification for the image file format used by digital cameras, example:Camera settings, this includes static information such as the camera model and make, and information that varies with each image such as orientation, aperture, shutter speed, focal length, metering mode, and ISO speed information, this is not editable information.

IPTC core, acronym for "International Press Telecommunications Council" The IPTC defined a set of metadata attributes that can be applied to images, one could add there name, copyright information, website, a huge list of stuff.
People can still rip you off buy deleting the info, but as long as you have the OG with metadata imbeded...it's yours. Putting your copyright info on the image is helpful. If you really care about the shot fill out the IPTC, If a major company ripped it off you could have a case...and sue for that $1,000,000 that was mentioned by "Dhelihiker" Imagine...Alaskan Heli-skiing!!!

Tip:If you want to remove metadata from an image, In photoshop, open your image > create a blank document the same size > hold down your shift key and drag the image to the blank doc. This method is useful if your a stock photographer.

[powdork]

I downloaded the shot that they used and checked the metadata in Bridge CS3.
The Camera data (EXIF), IPTC core, and the File properties is still intact.

EXIF, acronym for "Exchangeable image file format" it's a specification for the image file format used by digital cameras, example:Camera settings, this includes static information such as the camera model and make, and information that varies with each image such as orientation, aperture, shutter speed, focal length, metering mode, and ISO speed information, this is not editable information.

IPTC core, acronym for "International Press Telecommunications Council" The IPTC defined a set of metadata attributes that can be applied to images, one could add there name, copyright information, website, a huge list of stuff.
People can still rip you off buy deleting the info, but as long as you have the OG with metadata imbeded...it's yours. Putting your copyright info on the image is helpful. If you really care about the shot fill out the IPTC, If a major company ripped it off you could have a case...and sue for that $1,000,000 that was mentioned by "Dhelihiker" Imagine...Alaskan Heli-skiing!!!

Tip:If you want to remove metadata from an image, In photoshop, open your image > create a blank document the same size > hold down your shift key and drag the image to the blank doc. This method is useful if your a stock photographer.

i typically use jpeg stripper for batch removal.

[ex-powderbroker]

do a screengrab of their site so if it gets changed you won't be left without proof.

[LittleWoodsie]

Tip:If you want to remove metadata from an image, In photoshop, open your image > create a blank document the same size > hold down your shift key and drag the image to the blank doc. This method is useful if your a stock photographer.

Save for Web also strips out all the EXIF data, which is why I never use it.

[telexc]

i typically use jpeg stripper for batch removal.

That's my point, don't use jpeg stripper's!! unless your going to use the photo for royalty free stock photo sales, in that case istock or who ever, will recognize you as the copyright holder. You cannot reenter EXIF data only IPTC The most important thing to do is to copyright your photos and there is a gray area without the metadata, 30 bucks for all you can fit on a DVD, if your not shooting RAW that's a lot of pic's.

[powdork]

i'm not that worried about all the gray areas. on one of my cameras (maybe the one for this pic) the metadata was over 60 kb per pic and that was back when dial up was more the norm, so leaving it there was a disservice to my users. i generally have the originals intact with all the meta data.
Naturally leaving the meta data would allow me to find where my pictures are showing up, but only if the images are reuploaded with the data intact.

nice pics from the 'sades, btw.

[ill-advised strategy]

"yeah, dude, I settled out of court for this sweet steep tech one piece"

[CourtLevePhoto]

They owe you money.

If I'm to understand correctly, you had a photo posted somewhere online and it's been used by a another entity. That's theft, simple as that. I'm a photographer, and I've had images pulled from my site and run (small) in a publication. I called them on it, got paid and wound up getting future assignments from the deal as a result.

NEVER give away your work. And also know that anything posted online (rightfully or not) becomes fair game. Legally that's not the deal but practically that IS the deal... Asking for photo credit is a good starting point, but what's that really going to give you? Nothing... Not even if you are a photographer. By now, the place where it's been posted is most likely forgotten about.

YOU need to be proactive and contact the end user IN WRITING. Maybe you write a letter, maybe you send an invoice...

[SchralphMacchio]

The yin and yang of Lake Tahoe, the two courts on each end.

[IrieRon]

Pitchfork and torch brigade here. When can we start destroying stuff?

[powdork]

YOU need to be proactive and contact the end user IN WRITING. Maybe you write a letter, maybe you send an invoice...

already been in contact.
court