User Tag List

Thanks useful information Thanks useful information:  0
Results 1 to 12 of 12

Thread: US Patent - The process of tagging photos in order to identify them for distrubition/sale

  1. #1
    Member
    Join Date
    14 Jun 2010
    Location
    Keilor
    Posts
    43
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    US Patent - The process of tagging photos in order to identify them for distrubition/sale

    Apparently in the US a patent has been lodged by Mr. Peter Wolf of Photocrazy.com, in which Peter Wolf claims to have invented/discovered the process of tagging photos, which are subsequently uploaded to the internet whereby potential customers can search for photos by inputting an identifiable reference. Think of sports events photography, photographing runners or cyclists, tagging their photos with their bib number, whereby entering the bib number into a search returns their photos.

    The patents Peter Wolf refers to can be found here and here.

    Needless to say, I received correspondence from Peter Wolf claiming that I was violating his patent, that a licence agreement can be entered into.

    My host is Smugmug and checking their terms and conditions reference is made to Peter Wolf of Photocrazy.com at the very end. I'm reproducing the relevant Smugmug reference here;

    Notice for Professional Account holders: Uploading more than 500 photographs of participants in a single sporting event may require a License from PhotoCrazy, Inc. To avoid patent infringement, please contact:
    PhotoCrazy, Inc.
    Attn: Peter Wolf
    509 Raindance Street
    Thousand Oaks, California 91360-1219
    Email: peter@photocrazy.com
    With my little research to date, I believe this patent has only been filed in the US and Japan. I don't think it has been filed here in Australia.

    I can post a copy of the email I received from Peter Wolf, if people are interested.

    A question that comes to mind at the moment is what relevance is this to Australia? Has anyone from Oz come across this issue?
    aka Steve
    Using a Canon 7D, EFS 18-55mm IS, Canon 70-200mm f/2.8 non IS version.

    Now somebody please explain what all these buttons and knobs do

  2. #2
    Member
    Join Date
    12 Feb 2008
    Location
    Brisbane
    Posts
    7,831
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Can you explain what triggered the email you received ?

    I have not heard of this, there is a discussion on sportsshooter though if you google away

    http://www.sportsshooter.com/message...html?tid=28052

    I do not know if US patents are valid here sorry
    Darren
    Gear : Nikon Goodness
    Website : http://www.peakactionimages.com
    Please support Precious Hearts
    Constructive Critique of my images always appreciated

  3. #3
    Member
    Threadstarter

    Join Date
    14 Jun 2010
    Location
    Keilor
    Posts
    43
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by kiwi View Post
    Can you explain what triggered the email you received ?

    I have not heard of this, there is a discussion on sportsshooter though if you google away

    http://www.sportsshooter.com/message...html?tid=28052

    I do not know if US patents are valid here sorry
    I am not sure what triggered his interest in my site, which is hosted by Smugmug.

    I'm assuming, somehow he was able to establish what domains Smugmug host and thereby checking each and every one. I believe he's targeting major hosts, Smugmug being one of them, and taking things from there. For some reason he's set a criteria of not more than 500 photos from any one event; I have more than that.

    There is also discussion over at dgrin : http://www.dgrin.com/showthread.php?t=26266 .

    My site is www.fstop5.com and as you can see it's more a hobbyist site.

  4. #4
    It's all about the Light!
    Tech Admin
    Kym's Avatar
    Join Date
    15 Jun 2008
    Location
    Modbury, Adelaide
    Posts
    9,641
    Mentioned
    18 Post(s)
    Tagged
    0 Thread(s)
    This is the sort of patent that should never have been allowed in the first place.
    The USPO allows software and business processes to be patented - it has caused a bunch of issues over the last few years.

    Now the stupidity is overflowing into photography.

    Comment Tony?

  5. #5
    It's all about the Light!
    Tech Admin
    Kym's Avatar
    Join Date
    15 Jun 2008
    Location
    Modbury, Adelaide
    Posts
    9,641
    Mentioned
    18 Post(s)
    Tagged
    0 Thread(s)
    If you want a clue to what is broken in US Patent Law (and we are not far behind) then hop on over to Groklaw... http://www.groklaw.net/staticpages/i...50402193202442

  6. #6
    Member
    Join Date
    12 Feb 2008
    Location
    Brisbane
    Posts
    7,831
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Hmm, reading that site dgrin its a tangled web.....if it were me Id simply ignore it. Im guessing its a bit like a nigerian money scam.

  7. #7
    It's all about the Light!
    Tech Admin
    Kym's Avatar
    Join Date
    15 Jun 2008
    Location
    Modbury, Adelaide
    Posts
    9,641
    Mentioned
    18 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by kiwi View Post
    I do not know if US patents are valid here sorry
    Only when you host in the US (AP is hosted in the US) etc.
    I presume Sumgmug etc are also hosted in the US so images hosted there will get hit.

  8. #8
    Member
    Join Date
    08 May 2010
    Location
    Nanuet, New York
    Posts
    643
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    If you are seriously concerned on the relevance of the patent or infringement from this patent in Australia you would probably do well to contact a patent attorney firm such as www.davies.com.au and ask. It would pretty easy to determine whether jurisdiction affects your items, and if its being sought in Australia (thought it would be easily to establish).
    John
    Nikon D800, D700, Nikkor 14-24 F2.8, 24-70mm F2.8, 50mm F1.8D, 70-200mm F2.8 VRII, Manfrotto 190XB with Q5 PM Head,
    SB-900,600, portable strobist setup & Editing on an Alienware M14x with LR4 and CS5 and a Samsung XL2370 Monitor.

    Stormchasing isn't a hobby...its an obsession.
    For my gallery and photography: www.emanatephotography.com

  9. #9
    A royal pain in the bum! arthurking83's Avatar
    Join Date
    04 Jun 2006
    Location
    the worst house, in the best street
    Posts
    8,185
    Mentioned
    2 Post(s)
    Tagged
    0 Thread(s)
    Sounds like stupidity at it's best, and we can only hope that the USPO is clever enough to reject his 'patent'.

    If a piece of software allows the owner of the images to tag images(in any amount) than won't that burden(of violating any patent) be on the producers of the software? Has the software company provided any warning as to this patent on tagging images?

    .. anyhow... I'm off to see my local patent lawyer to see if I can patent the process of 'producing ideas'.

    idiots!
    Nikon D800E, D300, D70s
    {Nikon} -> 50/1.2 : 500/8(CPU'd) : 105/2.8VR Micro : 180/2.8ais : 105mm f/1.8ais : 24mm/2ais
    {Sigma}; ->10-20/4-5.6 : 50/1.4 : 12-24/4.5-5.6II : 150-600mm|S
    {Tamron}; -> 17-50/2.8 : 28-75/2.8 : 70-200/2.8 : 300/2.8 SP MF : 24-70/2.8VC


  10. #10
    Member
    Threadstarter

    Join Date
    14 Jun 2010
    Location
    Keilor
    Posts
    43
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by arthurking83 View Post
    Sounds like stupidity at it's best, and we can only hope that the USPO is clever enough to reject his 'patent'.

    If a piece of software allows the owner of the images to tag images(in any amount) than won't that burden(of violating any patent) be on the producers of the software? Has the software company provided any warning as to this patent on tagging images?

    .. anyhow... I'm off to see my local patent lawyer to see if I can patent the process of 'producing ideas'.

    idiots!
    The patent has been granted in the US.

  11. #11
    Ausphotography Regular
    Join Date
    29 Dec 2007
    Location
    Mansfield, Victoria
    Posts
    856
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Hmmm... From Kiwi's sportshooter discussion, the Smugmug case appears to have been filed in Texas - the patent troll's court of choice. I haven't looked at the patent ( can't read the pdf at present), but suspect from what has been said that if you don't use 'his' method, you might be OK. At the same time, since he is targeting you (and not smugmug) there might be an argument to say that the patent needs to be filed in Australia.

    Taking note of AP rules (no legal advice ...) and the fact that I am NOT a lawyer, I'd suggest you have two options - speak to a lawyer or get a lawyer to send him a letter saying (in brief) "P... Off". How much you want to spend on legal fees fighting what is a heap of crap is your business.
    Regards, Rob

    D600, AF-S 35mm f1.8G DX, AF-S 50mm f1.8G, AF-S 24-85mm f3.5-4.5G ED VR, AF-S 70-300mm F4.5-5.6G VR, Sigma 10-20mm F4-5.6 EX DC HSM
    Photos: geeoverbar.smugmug.com Software: CS6, Lightroom 4

  12. #12
    Member
    Join Date
    16 Sep 2010
    Location
    Enmore
    Posts
    82
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    USPO accepts any crap. It lets the courts system determine, if they are valid.
    Mark
    Canon 5D mkII
    LENS CANON EF 16-35mm f/2.8L II USM, CANON EF 24-70mm f/2.8L USM, CANON EF 70-300mm f/4-5.6 IS USM, CANON 100mm f/2.8L IS USM Macro + Kenko Extension tubes DG: 36mm, 20mm, 12mm & Kenko 2x Pro 300 DGX
    FLASHES Canon Speedlite 270EX, Metz 48 AF-1 , Yongnuo YN-560, + Gary Fong Lightsphere, RF-602 Tx, 3x RF-602 Rx
    TRIPODS Benro A-169 + B0, Manfrotto 676B (mono) + Benro DJ90, Manfrotto ART 190 + mod 168.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •