When You Find A Picture Taken by You ...

Nick-H

Sounds like peanuts to me.

Can you imagine what an American photographer would say to being offered $25 for the use of their picture, especially the unauthorised use? Maybe Shakti will tell us.

But the alternative is to go for legal action, which, even if settled in your favour (never mind the facts; they are not necessarily what most influences an Indian court, as I'm sure you know very well), will cost you time, hassle, money.

They know that very well.

I'm afraid that, in this situation, I'd go for the quiet life.

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Just one member of the IndiaMike Mod Team

mridula

But Nick, they pay a photographer only 500 rupees per photograph if they decide to print a picture! I think I can partially understand why people may be tempted to download photographs!

Yes, I do not have the time to fight this out in a court.

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mridula

http://www.gonomad.com/traveltalesfromindia/

mridula

The editor sent me an angry mail after reading Shakti's quote that I had included in my mail. Went all over in his reply that he would not care to download my pictures because they source it from top people! As if I didn't know that I am a small small fry, not even a professional! But still a picture of mine ended in their publication and they found it good enough because they thought it came from a top source!

One mistake is that he thought I wrote those words. But then probably Shakti's words are too close to reality? I have tried to be polite one more time. But this is the last time I am going to be polite. The only thing that I can do is to name the airline and the magazine, but then probably they couldn't care less.

nomad

send him/her a legal notice.

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Rahul Verma
http://rverma.smugmug.com
www.pbase.com/rverma

mridula

Nomad, just a small question, are you a travel professional? Cause I am not. I did not want the incident go completely but I do not have the time to fight a case.

Nick-H

Remind him that he is the person who, knowingly or not (and you are not suggesting he did it knowingly), has done the wrong thing, and tell him that it is your complaint that is to be considered; you are not interested in his. You are interested in an amicable settlement, but insist on it being fair: it is up to him to keep the dealings amicable, you can very easily pass the matter to an advocate....

Bythe way: I would suggest asking for Rs8,000 and settling for Rs4,000. In international terms it is still peanuts.

In Indian terms it is probably not so very much that this editor has to make a big deal out of it, although it may be enough to bring the matter to the attention of his bosses, which may be one thing he is trying to avoid.

The figures are just off the top of my head, but it seems to me that, as he has already published the photo, an act that cannot be undone, it is in your hands to state the terms, not his. This is another thing you could point out to him.

If I were you (and I'm a lot less busy) I'd put a limit on the effort you will go to over this, in time or effort, and work within that.

You could just send him an invoice: fee for unauthorised use of copyright photograph, and then simply try to collect that.

mridula

Nick, while I was trying to type a reply, I got an extremely polite mail from the editor asking my postal address and telling me a time frame when I can expect a check and a copy of the magazine. Because I had also asked do they care if I reveal the name of the magazine and the airline on IM and my blog to the small readership I have.

This is an education for me and looks like the power of 'internet communities' (IndiaMike) work cause my blog actually has a very small readership I mean the guy did an immediate U turn.

mridula

Nick, I will let myself believe that I have done enough in the case and take his offer. I mean they pay photographers also peanuts, Rs. 500. And this really was not about money but not letting the plagiarism go.

But I mean I can be so polite that the person forgets that I was the one who was wronged!

My only nagging guilt is that people who are travel professionals would feel people like me make their life miserable, not asking for proper compensation as it does not affect my living ... but I tried. At least I did not completely let it go.

madan80

Well, considering he has mailed you, the cyber laws now allow for email to be produced as evidence. So keep that, incase you want to pursue legal action, its his/her way of confirming that indeed your picture has been used.

The internet has flooded the world with pictures, and at times its sad to see blatant plagiarism.

madan80

Now: about the copying websites, there are two reasons people do it.
1. they are lazy and stupid to copy the site for either portfolio enrichment or just for kicks.
2. Phishing attacks. in the cyber world, once a server is authenticated, it leaves a cookie in your system, (big case about doubleclick about cookies etc will explain incase people are interested) now if someone does rip off your site, then any unsuspecting visitor can, think that the site is original, download malicious scripts which can intern affect their computers. So hackers are constantly looking for sites that have vulnerabilities which they can use to deploy cross site scripting tools to exploit flaws in IE to take over computers.
(i do hope the 2nd reason made sense!! )

mridula

Madan, thanks for sharing your inputs. I hope this matter comes to an end within the next two-three weeks.

mridula

I finally got the check for 1000 rupees (here is a partial shot of the letter)as promised. Also an assurance that I would get a copy of the magazine after 2nd Feb. Thanks a lot for all your suggestions and support.

dzibead

Nick-H

I think they got off lightly, but you have a victory and some cash, so cause for celebration all round!



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capt_mahajan

Congratulations, mridula.

My opinion, if you are, satisfied with their response - even if you are not thrilled by it- close this and move on.