When You Find A Picture Taken by You ...

mridula · Jan 29th, 2008, 19:43

Dzibead, thank you.

Nick, you are right but what to do, I was not willing to put in more effort.

Thanks Captain, I have surely decided to move on.

machadinha · Jan 29th, 2008, 20:23

Congrats, Mridula. Hey, you made your stand, that's what it's all about

mridula · Jan 29th, 2008, 23:05

Thanks Mach. IM played a big role with all the helpful suggestions and encouragement.

Shaktipalooza · Jan 30th, 2008, 00:00

Quote:

Originally Posted by 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.

I'd guess off the top of my head this unauthorized use would cost a few thousand dollars.

Here's a good thread for a UK photographer on how he would (and has) handled similar situations.

Make it hurt

Additionally in the US there are other alternatives for collection. The internet is a worldwide phenomena but few people realize that domains actually fall under the legal jurisdiction of the United States. Domains can be seized as compensation in a lawsuit. This actually has happened in the US and can really put the squeeze on a company with an online presence to pay up.

mridula · Jan 30th, 2008, 00:08

Thanks for sharing Shakti. If there is ever a next time (I hope not), I will remember this.

But can you also tell us what would a flight magazine pay in the US for use of a picture? I mean the legal rate in this case was also way too low. 500 rupees or 12.5 dollars. And believe me this is a big airline.

Shaktipalooza · Jan 30th, 2008, 00:31

Quote:

Originally Posted by mridula

Thanks for sharing Shakti. If there is ever a next time (I hope not), I will remember this.

But can you also tell us what would a flight magazine pay in the US for use of a picture? I mean the legal rate in this case was also way too low. 500 rupees or 12.5 dollars. And believe me this is a big airline.

Purchasing a similar stock image from Getty Images would run around $229-$1000. However, you are in an enitrely different category since they've used your image without prior authorization.

On the Getty Images web site. They have an interesting legal notice beneath all photos:

Quote:

Getty Images reserves the right to pursue unauthorized users of this image or clip. If you violate our intellectual property you may be liable for: actual damages, loss of income, and profits you derive from the use of this image or clip, and, where appropriate, the costs of collection and/or statutory damages up to $150,000 (USD).

mridula · Jan 30th, 2008, 00:37

Thanks again Shakti, will look at this thread again. My brain is screaming for sleep.

mridula · Apr 4th, 2008, 13:45

A fellow blogger finds himself in the same situation, his picture on a book cover with credit to someone else. I am glad he is willing to take legal action.

Quote:

I bought a copy of the book from D C Bookshop, Thrissur to examine the picture better. I realized that they had copied the picture from the photo that I had taken and uploaded in Flickr, but did not credit me. Then I collected the contact details of Pranatha Books and I called the owner of Pranatha Books named Mr. Shaji and talked to him over the phone.

Unfortunately there has been no reply for my registered post mail so far (I sent the registered mail on February 27th, 2008 and now it has been over a month). I don't know why Prantha Books is not responding but I want them to know that I am not going easy on this and the matter does not end with this blog post. A legal notice will be issued in their name and I am all prepared to take it to the court unless they opt for a proper settlement.

Ignite · Apr 4th, 2008, 14:18

Quote:

Originally Posted by mridula

A fellow blogger finds himself in the same situation, his picture on a book cover with credit to someone else. I am glad he is willing to take legal action.

I could be wrong on this, but I do remember reading a pamphlet at my college one day about how the images you upload on flickr become "public property", and can be used by anyone without any permission from flickr or the original photographer, and can even be paraded as their own pictures.

Mridula congrats on winning that battle against the airline company, did you ever get the issue with the correction?

Nick-H · Apr 4th, 2008, 14:24

Necessary to check the terms and conditions of flickr membership, or any other on-line photo library carefully.

There is a lot to be said for having the attitude (whatever the law) that once you upload something it is a free for all, but that isn't going to reduce the bad feeling of seeing someone else make money out of it.

"watermarking" pictures can be a good idea --- although then they don't look so good. It can be discrete, though.

mridula · Apr 4th, 2008, 14:28

Ignite, I did get an issue with correction, they named the freelancer too in the correction. Not sure how I felt about it. And thanks a lot for asking.

Nick-H · Apr 4th, 2008, 15:35

Glad you got that too.

mridula · Apr 4th, 2008, 15:39

Thanks Nick. I hope things work out well for Jo too. Also he published his picture on Flickr under creative commons and as far as I understand that releases your pictures for free only for non-commercial purposes.

mridula · Sep 3rd, 2008, 21:14

Another picture flicked by Times of India from a blogger and the editor wants to pay Rs. 250 and that too maybe! From the blog-

Quote:

I immediately called up the editor of this supplement - a lady called Poonam singh - who said she will look into the issue. I wrote about 3 mails in all, asking for (a very meagre) compensation for the damages done as well as credit. For one, I never got a response in written - but of course that would mean acknowledging the theft. When I called up, I was told that it is common practice to “use” free images from the net! Flabbergasted at the audacity of this all, I clearly asked whether TOI staff was blind or illiterate to not be able to make out the clearly written statement on my flickr stream and my copyright license, both of which stated that my images can NOT be used without my explicit permission - ALL rights reserved. This is plagiarism in its full glory. Not only this, on asking for compensation, Ms. Poonam singh clearly told me that as a next step I could even go to lawyers and that this case will then be forwarded to the legal department of TOI. Huh? Was this a threat? Or a challenge? They actually go ahead, use an image with “all rights reserved” clearly mentioned on my page, have the audacity to state that this happens all the time - the “graphics designer may not know” and that I could go take the legal route?

mridula · Sep 28th, 2008, 12:32

And it is Times of India plagiarizing once again an image from a blogger Shrinidhi. The image comes first on the Google image search.

The cases that I have mentioned above, Jo went to court and got a compensation of rupees 1000! Looked too low to me to act as a deterrent.

Jan 29th, 2008, 20:23	#107
machadinha Not Your Guru Member Join Date: Jan 2005 Location: yörp Posts: 10,588	Congrats, Mridula. Hey, you made your stand, that's what it's all about __________________ Reading tips, all picked up at IndiaMike : INDAX's A Comprehensive Guide To India / Dinoj Surendran's Desi Humor / ITHVC on Culture Shock & Travel Health / JetLag Travel Guides For the Undiscerning Traveller / India Travel Links

Jan 30th, 2008, 00:08	#110
mridula Sair Kar Duniya Ki Galib , Jindagani Fir Kahan ... Join Date: Sep 2005 Location: India Posts: 1,282	Thanks for sharing Shakti. If there is ever a next time (I hope not), I will remember this. But can you also tell us what would a flight magazine pay in the US for use of a picture? I mean the legal rate in this case was also way too low. 500 rupees or 12.5 dollars. And believe me this is a big airline. __________________ mridula http://www.gonomad.com/traveltalesfromindia/

Apr 4th, 2008, 14:24	#115
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,908	Necessary to check the terms and conditions of flickr membership, or any other on-line photo library carefully. There is a lot to be said for having the attitude (whatever the law) that once you upload something it is a free for all, but that isn't going to reduce the bad feeling of seeing someone else make money out of it. "watermarking" pictures can be a good idea --- although then they don't look so good. It can be discrete, though. __________________ . Just one member of the IndiaMike Mod Team

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Jan 29th, 2008, 19:43	#106
mridula Sair Kar Duniya Ki Galib , Jindagani Fir Kahan ... Join Date: Sep 2005 Location: India Posts: 1,282	Dzibead, thank you. Nick, you are right but what to do, I was not willing to put in more effort. Thanks Captain, I have surely decided to move on.

Jan 29th, 2008, 23:05	#108
mridula Sair Kar Duniya Ki Galib , Jindagani Fir Kahan ... Join Date: Sep 2005 Location: India Posts: 1,282	Thanks Mach. IM played a big role with all the helpful suggestions and encouragement.

Jan 30th, 2008, 00:37	#112
mridula Sair Kar Duniya Ki Galib , Jindagani Fir Kahan ... Join Date: Sep 2005 Location: India Posts: 1,282	Thanks again Shakti, will look at this thread again. My brain is screaming for sleep.

Apr 4th, 2008, 14:28	#116
mridula Sair Kar Duniya Ki Galib , Jindagani Fir Kahan ... Join Date: Sep 2005 Location: India Posts: 1,282	Ignite, I did get an issue with correction, they named the freelancer too in the correction. Not sure how I felt about it. And thanks a lot for asking.

Apr 4th, 2008, 15:35	#117
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,908	Glad you got that too.

Apr 4th, 2008, 15:39	#118
mridula Sair Kar Duniya Ki Galib , Jindagani Fir Kahan ... Join Date: Sep 2005 Location: India Posts: 1,282	Thanks Nick. I hope things work out well for Jo too. Also he published his picture on Flickr under creative commons and as far as I understand that releases your pictures for free only for non-commercial purposes.

Sep 28th, 2008, 12:32	#120
mridula Sair Kar Duniya Ki Galib , Jindagani Fir Kahan ... Join Date: Sep 2005 Location: India Posts: 1,282	And it is Times of India plagiarizing once again an image from a blogger Shrinidhi. The image comes first on the Google image search. The cases that I have mentioned above, Jo went to court and got a compensation of rupees 1000! Looked too low to me to act as a deterrent.

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