Stolen image used on TV..

[Burnouts]

Hi all,

I'm not sure if this is the right forum but here goes.

If you take notice of this YouTube video from about 2:10 onwards you will see the person using a photo of a Holden LX Torana doing a wheelstand that looks very similar to an image I took

I'm not sure where I stand on this but shortly after the video was uploaded I filed a copyright complaint to YouTube and it was declined (no reasoning), it only had probably 2-3k views at the time but it now has 5 million (not including the other people who have re-uploaded the video).

The terms of use are very clear on my website, but even still I hold copyright of all images on the website regardless..

Pissed that my photos was used for commercial use without permission, but to have YT reject my complaint and I'm sure the person who uploaded the video has made some $$ out of ads.

What do I do now?

[I @ M]

Establish positively that the image is actually yours and if that is the case, send everyone concerned with the publication of that image a huge invoice.

[Burnouts]

It is my image, they provide a close up of the image during the video.. my website and name is clearly visible..

Seriously, what are my options.. apart from hiring a lawyer and coming out in the red due to costs.

[I @ M]

Seriously, what are my options.. apart from hiring a lawyer and coming out in the red due to costs.

Seriously!!!

Start sending invoices for the use of the image. Follow up unpaid amounts due with a debt collector. They just add their bill to the invoice, there is no way you should be out of pocket at all.

[ameerat42]

I hope you get something out of it. BTW, the image you said was the one just looks like a coloured spiral shape.
Am.

[sufran]

Have you contacted the TV station that used the image? You note that the image in question was "stolen" and used on TV (presumably on the program that you linked to in the YouTube segment). So you may get a better response from the source i.e. the program's producers or the station's management.

Also, when I clicked on the link to the website image, it was just a link to a logo, not to the image in question.

Good luck.

[Burnouts]

I have contacted the following.. Seven Network, FremantleMedia Australia and SYCOtv (shows producers) and none have bothered to even reply. I got an automatic email as a confirmation they received my email from FremantleMedia. Apart from that I've heard nothing..

Here's a close up of the image in the video..


Another view


Original file of mine.

[ameerat42]

Here's a thought: contact their very own "Today Tonight" - NOW, even!!!

Also tell them you are going to contact MediaWatch if they don't come to the party.
Am.

[Burnouts]

I found another email for them, I'll give it a shot.



Heres the uncropped version in my lightroom lol!

[ricktas]

As per responses above, you want our advice. My thoughts are youtube refused to act on your copyright claim, but you are not happy with that, you really have 3 choices:

1. Contact youtube again and clearly state your case and see what happens
2. Contact a legal person and persue it that way
3. Do nothing.

It really is up to you, which you decide, but you need to be prepared to follow each one through.

[Burnouts]

Thanks for the advice people, I will sit down and go through it all again and see what I want to do. I don't exactly want to try and sue (along those lines) a big company as they have more money than I do but they have no right to do it in the first place.

[Granville]

Seems to me it was the contestant on the show who violated the copyright. Not Australia's got talent or the TV station. I'm not sure what obligation they have to ensure the contestants don't violate copyright, although surely there must be some, but maybe only in the area of the songs the contestants sing.

Time for advice from a copyright lawyer.

[ktoopi]

There's a lot to be said for having a LARGE copyright symbol that covers most of the image!!

[ricktas]

Just as an aside. Any photos placed on Ausphotography in the critique forums are only visible to active site members. The mods and I also have access to a section on each thread that shows us every single member who has viewed the thread. So if an issue arises whereby someone feels their photo was taken from AP, we are in a position to look at a lot of information regarding who possibly took the photo.

Take this thread, the list below shows us who has looked at it:

Members who have read this thread: 65
I @ M, ricktas, jim, Darey, Burnouts, Speedway, nwhc, harper, leanneqld, Tikira, Chromo, jollie, mikew09, rookie,
ameerat42, sufran, Wayne, Mary Anne, Boo53, Ionica, nasa62, FallingHorse, Boofhead, danny, ScottM, brownie, rnicetin, trublubiker, mpb, Rattus79, Warus, ice, agb, Tommo1965, hakka, Cattleprod, Wandapics, Mark L, MattNQ, Birdman, Cobalt Blue, Keith Young, ktoopi, Allie, 71Bogan, Lplates, SirLozalot, salty, blkmcs, nardes, MJay, davsv1,
fenderstrat1963, Gonk0, Fran, Granville, robbosaxon, Dittography, CherylK, Sifor, Film Street, Warbler, Iscariot,
Bevlea, alsocass

It doesn't matter if you comment on the thread or not, we see a list of who has viewed the thread

[Burnouts]

There's a lot to be said for having a LARGE copyright symbol that covers most of the image!!

All my other images do have watermarks on them, the above image is a wallpaper for personal use only.

[neil70]

I agree with Andrew, send them a VERY large bill for allowing the use of the photo on their show with out checking for copyright clearance (as they would with a song). Also include payment for royalties lost with them using the segment in their advertising. the TV show are the ones who have not shown due diligence in regard to the use of the image prior to it being aired.

[Mark L]

I tend to think there's something close to the truth in this;

Seems to me it was the contestant on the show who violated the copyright. Not Australia's got talent or the TV station. I'm not sure what obligation they have to ensure the contestants don't violate copyright, although surely there must be some, but maybe only in the area of the songs the contestants sing.

Time for advice from a copyright lawyer.

[alsocass]

Is there any case for letting a 19yo meat packer getting his 15minutes of fame off the hook? (pardon the pun).

Did it damage you in anyway and would it be reasonable to assume the young man would have found a different photo if he had been aware that he was infringing copyright?

[Burnouts]

well one step in the right direction

http://www.youtube.com/watch?v=RSDUcKw-GOk

hehe

[Wayne]

well one step in the right direction

http://www.youtube.com/watch?v=RSDUcKw-GOk

hehe

Now you just need to see if he uploads it again.