MY IMAGE STOLEN AND USED IN AN ONLINE NEWSPAPER! what do I do?

[Roosta]

Hehehe. and guess who has access to Flickr...GETTY! Read the Flickr/Getty T&C:
http://www.flickr.com/help/gettyimages/

So if you have said yes to Getty on your Flickr account Danielle, that is probably how they got it

Thanks for the T&C link Rick, must be preset to let Getty straight in.

[ricktas]

But that does not allow others to use the photo does it?

Depends on the exact wording of the T&C. Ausphotography's is this:

[25] You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services provided by Ausphotography. By submitting, posting or displaying the content you give Ausphotography a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Ausphotography to display, distribute and promote the Services and may be revoked for certain Services as defined in site rules.

[26] You agree that this license includes a right for Ausphotography to make such Content available to other companies, organisations or individuals with whom Ausphotography has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. Eg. Ausphotography makes content available via tapatalk (mobile device interface) and other such applications.

Which means you allow me (AP) to use your photo simply to allow it to be displayed to other users over the net, and nothing more. You just licence it to AP so that it can be distributed to others, when they view a thread etc.

But often the T&C allows the site owners/competition organisers, the right to use any information/photos etc, in any way they wish, including selling it to other parties. Which is why we often see threads on AP about T&C.

[fillum]

The flickr image shows "All rights reserved" (not that it would necessarily stop anyone taking it). My bet is that the image was pulled off the band's fb page. Someone gets word of Monty doing a bit of singing, band's fb would be the first place to look...


Cheers.

[arthurking83]

......
But often the T&C allows the site owners/competition organisers, the right to use any information/photos etc, in any way they wish, including selling it to other parties. Which is why we often see threads on AP about T&C.

One of the reasons I've never opened an FB page myself.
I've had numerous request from friends to join and show my photos on FB and after reading their T&C's I closed the join up page without hesitation.
I've since pointed them to other sites(including AP) where they can view my images.

Deviant Art have much better image useage T&C's as far as I'm aware, where you can specifically limit how the images(or art) can be used.

Same deal with uploading images to GoogleMaps, where any point of a Google Map can be pointed too, and various images will display of that particular point of interest.

I have thousands upon thousands of images of various locations around the state and a few of around a limited area of other states, that'd be great to have display on GoogleMaps, but their T&C's put me off.

unlimited and unrestricted use of images is not an option.

if the images on FB(even tho they're private) and Flickr can be used by those parties that control those respective sites in any manner they wish, I'd say Danielle's chances for resolving the matter to her satisfaction are pretty slim.

From FB's T&C's:

You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, read our Privacy Policy and Platform Page.)
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

All this Monty chap had to do was ask FB to use the image, even if it weren't on the Flickr site.
if they allow him to use it, then that's that. no recourse available to the OP.

Because I haven't got a FB account, what is this privacy and application settings??
If you set your account to private, does this automagically set all images to private/no use by FB at all?

With dA, when you upload any IP, you have settings available to make the piece available or limited in the use of it by others, or dA.

[peterb666]

arthurking83, I think you are extending the conditions of facebook well beyond what they are and making an assumption that facebook give away copyright to others.


Do I retain the copyright and other legal rights to material I upload to Facebook?

Yes, you retain the copyright to your content. When you upload your content, you grant us a license to use and display that content. For more information please visit our Statement of Rights and Responsibilities, which contain information about intellectual property, as well as your privileges and responsibilities as a Facebook user.

https://www.facebook.com/help/?page=211911528839661

The conditions you have cited are primarly those that are to protect facebook's rear end. Facebook is a social content sharing site which explains why those conditions are there. Most blog sites that allow reblogging have similar T&Cs. That still doesn't give someone the right to take an image and use it for commercial gain.

[Wayne]

All the T&C from FB, Flickr etc that permit the operators to use your IP is what turns me off. That's why I have my own hosting, on my own platform, where I decide who sees what and when.

[Danielle10]

I have just received a MSG from the guy on fb saying "oh it's a shame u didn't get back to me earlier we could of used a picture of him singing.
What difference dies it make?? They still took my photo and removed my name. Regardless of t&cs you can't do that!
The guy also said that he got it from the bands fb page. He also asked for my banking details and an address... Hmmm I'm not to sure! Shouldn't he just send a chq???
Anyway I'll chat to my friend who is helping me with this.
Thanks all for your advice, it helps ALOT.

I Spose now all my images are going to have a great big dirty watermark across the whole image from now on!

[peterb666]

All the T&C from FB, Flickr etc that permit the operators to use your IP is what turns me off. That's why I have my own hosting, on my own platform, where I decide who sees what and when.

If they cannot use your IP they cannot display your work. Wouldn't that turn everyone off?

[peterb666]

I have just received a MSG from the guy on fb saying "oh it's a shame u didn't get back to me earlier we could of used a picture of him singing.
What difference dies it make?? They still took my photo and removed my name. Regardless of t&cs you can't do that!
The guy also said that he got it from the bands fb page. He also asked for my banking details and an address... Hmmm I'm not to sure! Shouldn't he just send a chq???
Anyway I'll chat to my friend who is helping me with this.
Thanks all for your advice, it helps ALOT.

I Spose now all my images are going to have a great big dirty watermark across the whole image from now on!

Send him an invoice for the use of the photo that was published on their site with payment to be made into your Paypal account. I wouldn't give him your bank account details.

When pricing the work, make shure you include a separate charge for altering using and your work without your permission and include a screen capture.

[mongo]

Send him an invoice for the use of the photo that was published on their site with payment to be made into your Paypal account. I wouldn't give him your bank account details.

also never send an invoice for payment without a date by which it must be paid ! Mongo would pick a date (which is between 7 to 10 days away) and specify that date on your invoice as the date by which payment must be made.

[Danielle10]

also never send an invoice for payment without a date by which it must be paid ! Mongo would pick a date (which is between 7 to 10 days away) and specify that date on your invoice as the date by which payment must be made.

I don't have an Abn or anything like that tho.
What should I charge them? There's a new lens I would like and it's about $1800- surely thats fair lol

[kiwi]

You don't need an ABN, give them your bank details (i cant see a corporate using paypal) mock up an invoice, and yes, $1800 is fair.

[Longshots]

if you want to find out whats fair go and check the cost of using an image from Getty - its that simple.

However - there is a cost for useage and in this case there would also be an additional cost for the breach of copyright.

Itemise the two.

Make the breach of copyright charge a reasonable cost.

It would be important to check where they sourced the image from.

You havent explained if you responded to the original enquiry from the Daily Mail

I did have this message sent to me on fb the other day:

hi Danielle...I work for a newspaper in London and we would like to do a piece about Monty Panesar being picked for the England Test squad and we'd like to use your pic of him with the Mike Whitney Band....would that be OK....??
also you wouldn't have any of him singing would you..?/
any help much appreciated..Many thanks..Jack

Jack is clearly in the wrong in simply just using the image though, and clearly with intent, removing the © watermark. So you quite simply have them by the short and curlies.

But dont get too excited as some people who've had their images used without permission, have been countersued when their claim for useage was far too high.

So work out the approximate useage that Getty would charge (easy to work out if you log on to Getty), and then add a fee for the unlicensed use/breach of copyright.

PS I'd also address your complaint to the Editor directly.

[Longshots]

I have just received a MSG from the guy on fb saying "oh it's a shame u didn't get back to me earlier we could of used a picture of him singing.
What difference dies it make?? They still took my photo and removed my name. Regardless of t&cs you can't do that!
The guy also said that he got it from the bands fb page. He also asked for my banking details and an address... Hmmm I'm not to sure! Shouldn't he just send a chq???
Anyway I'll chat to my friend who is helping me with this.
Thanks all for your advice, it helps ALOT.

I Spose now all my images are going to have a great big dirty watermark across the whole image from now on!

You dont want a cheque. Too complex with international transfers. Far easier to supply Bank details. I receive payments from the UK on a regular basis, and EFT is the way to go - bear in mind that some banks here charge approx $13-$20 for international payments received.



I'd just replied and found your update afterwards.

I'd still send them an invoice for the unlicensed use - clearly you had not given them permisssion.

While he got it from the bands FB page, he clearly knew to contact you prior to publication. Seems quite obvious to me that they knew and they deliberately removed the watermark which is obvious on the bands FB page.

[Wayne]

If they cannot use your IP they cannot display your work. Wouldn't that turn everyone off?

Perhaps clarification from me...
When I say "use" your work, I mean;

Sell, gift, alter, provide to 3rd party for publication, display on other than the site for which you intended...

From what Arthur posted above;

"you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it."

This type of inherited permission is of great concern to me.

[Longshots]

the important part which many miss is that its "in connection" with Facebook - ie thats the limit of its use.

[Tommo224]

One thing I want to add, is that he claims he found it on the bands FB page. Did the "band" crop the (C) out themselves on their FB page? (if you change your profile picture, you can crop images on FB directly).

Check the bands page, see if your watermark/(C) is still there before saying anything about the removal of the watermark!

[Danielle10]

One thing I want to add, is that he claims he found it on the bands FB page. Did the "band" crop the (C) out themselves on their FB page? (if you change your profile picture, you can crop images on FB directly).

Check the bands page, see if your watermark/(C) is still there before saying anything about the removal of the watermark!

Yeah it's on there, I tagged the band, my dad is the lead guitarist.

[Danielle10]

I looked at Getty images and randomly chose some photos. One I clicked on was $325 and another one was $780!!! ( and the 780 one was pretty bad IMHO)

I can't go asking for amounts like that, they'll just brush it aside and not care, I'll be lucky to get $50 so they just shut me up.

[Mark L]

^ seems to me, in the first instance, you could ask what you want (though I'm no expert). Read Longshots post again. Based on what you found $325 becomes you minimum and then there's more for "unlicensed use."