its still there
its still there
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Gone now.
Odille
“Can't keep my eyes from the circling sky”
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Great image. Is it really worth the hassel. Is it a $30, $100 or $1000 photograph to you?
Nothing will remove the fact this kid has done the wrong thing, but seriously, take it as free advertising! I'd be telling everyone I know that was my photo the kid used, and I'd be proud as punch to see it on TV.
you sue him, he declares he is bankrupt and you're out of pocket as well as time. Time that could have been spent taking more photographs.
its still there
here
https://www.youtube.com/watch?v=KhR6dWk1-S8
and
https://www.youtube.com/watch?v=bdcpLP_eYMo
I don't think it's about the actual monetary value. It is a matter of principle. If creators remain silent on this blatant rip off of their works, what you are then doing is condoning such act, saying it's ok. Exposure such as in this case being seen on TV by perhaps millions, I would guess has resulted in the usual benefits exposure brings, and that is absolutely nothing! I ask the OP if this exposure has brought him any work? I would be surprised, very surprised if it had.
If you can afford it fight it. Like I said, the kid gets sued for more money than he has and declares himself bankrupt.
I am not sure if the TOG (Burnouts) is an official photographer for the vehicle owner or event organiser. If not, he/she would have obtained a signed release right, because it appears it was taken at an official track and not public property. Sure there are assumptions here, but maybe the TOG has breached as much as they were breached!
edit
I just clicked the website link and it would appear they may be an official photographer.
Is there any chance the kid could have purchased the image, if so is it still a blatant ripoff?
Last edited by aussieray; 07-02-2013 at 9:03pm. Reason: additional info received after posting original
Unless the kid purchased the image and holds it's copyright, or holds a license to use the image in that way then it is a blatant rip off. I am guessing the OP still retains copyright and wouldn't object if he didn't. I already said it's not about suing anyone, it is about having the infringing videos removed, and therefore the unlawful use of the copyrighted works cease.
Given the photographer shot the image, he wouldn't need a release to use it as that makes him the copyright holder, even if it was taken on private land, copyright does not pass to anyone else except where an image was taken for private and domestic purposes, ie- a wedding shoot - Yes, that's right, by default the client owns copyright not the photographer although photographers almost always deprive clients of that right by having the client sign away their rights in the wedding photography contract, the other is where the photographer assigns the rights to a 3rd party in a contract for the shoot.
Might be worth watching
http://www.youtube.com/watch?v=OQR-CAr0-s8
You don't seem to understand, I did not go through the efforts covering these events to only have some idiot stealing my work.
Nobody has ever bought a copy of this image for private or commercial use, at the time I was the only official tog at this track/event.
I have reported those other videos and should see them taken down or similar, I have been attempting to get in contact with Daniel but he is not replying (emails and calls are going through).