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superdewa
1070 days ago
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my photo being used without crediting me
I found my photo here: http://imgfave.com/view/701359 , and there is no link or attribution to me. I can't figure out how to contact whoever put it up. Any thoughts?
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mikeinspai
n
1070 days ago
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Sorry to hear that SuperD.. Nice phot by the way 【ツ】
I think you will find that there is no facility to link/attribute the pic.
This is what I would do;
Contact details for the site:
Domain Name: IMGFAVE.COM
Created on: 09-Jul-08
Expires on: 09-Jul-11
Last Updated on: 10-Jul-10
Administrative Contact:
Ragland, Gabe gabe.ragland@gmail.com
2356 17th AVE S
Seattle, Washington 98144
United States
(206) 330-1476
Technical Contact:
Ragland, Gabe gabe.ragland@gmail.com
2356 17th AVE S
Seattle, Washington 98144
United States
(206) 330-1476
Would ask Gabe to kindly remove the image or ask to provide link/attribution to said image whilst providing the relevant proof that it is your pic etc....
If that fails, I would contact the host company and issue a DMCA notice..
Mike
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superdewa
1070 days ago
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Thank you, Mike. I will send an e-mail. That photo has made the rounds all over tumblr, and other than this, there has always been a link to the original, so I've gotten a lot of hits on flickr because of it. I guess I shouldn't be surprised this happened though.
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jrhmy
1070 days ago
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http://imgfave.com/Nishi
That isn't you, right? I think that person added the photo. It doesn't seem like the website is using it as advertisement; just a user uploading a picture he/she found online.
But I wouldn't mind getting more views!
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Great Beyo
nd
1069 days ago
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Hey, the guy is local - you need me to go apply a late night beatdown for you SuperD, you just say the word!
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superdewa
1069 days ago
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No, that's not me
I am not incredibly worried about it because, as you point out Jeremy, it seems like a small thing, but since it has made the rounds of tumblr, I am worried that people will pick it up from there as well and it will be spread even more widely without giving me credit.
I did send an e-mail to the address Mike posted, but I haven't heard back yet. Great Beyond, I may need to take you up on that offer :-)
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richard wa
ng
1069 days ago
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Deidre
Congratulations. Now you understand why you should steer far far away from free sites like Flickr and Picasa. There's no way of restricting access to your image, since they're designed to be image sharing platforms. This allows "parasite" sites like imgfave to "collect and cache" your images for easy viewing.
If you don't want unauthorized use of your images, I'd recommend that you start watermarking all your images and display your images on a site like smugmug which can disable the "right-click - save image function" and lock out any linking. Even better is to get a flash driven site like viewbook, then if someone wants to steal your images they have to use the print screen function.
Finally, immediately send Imgfave a DMCA take-down notice. This is what I send.
To Whom It May Concern:
This notice is to demand the removal of web content that infringes my copyright, as required by the Digital Millennium Copyright Act (DMCA).
If Imgfave fails to act after the receipt of this notification, Imgfave, a Provider as defined by the DCMA, may be subject to monetary damages, ranging from $750 to $30,000 per work infringed and up to $150,000 per work for willful infringement.
Identification of Copyrighted Work
The copyrighted material is an image that appears on (give the url where the image was originally located) and its related pages. The image in question clearly contain a copyright notification and thus is my intellectual property.
Identification of Infringed Material
The above identified copyrighted image/s have been copied on to your site at this location (give url). I, as the owner of the copyright, did not submit this copyrighted image.
I demand Imgfave do the following:
1) That you reply within 24 hours of receipt of this notice.
2) Require that all content that is in violation of my copyright be removed from the imgfave website.
2) Notify your customer in writing requesting removal of my copyrighted material and requiring customer's confirmation of the removal within 24 hours.
3) Disable access to my copyrighted material or the customer's account, if the customer fails to remove copyrighted material and/or if the customer fails to inform Imgfave with 24 hours of his receipt of the notification
4) Send me a copy of your notification of your customer and notify me his compliance to this demand.
I thank you in advance for your efforts in protecting my rights and intellectual property.
Affidavit of the Copyright Owner
I have a good faith belief that use of the copyrighted materials described above on your web pages is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Signed on this day, the xx day of xx, 20xx,
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richard wa
ng
1069 days ago
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PS. This is NOT A SMALL THING
If you don't defend your copyright after you are aware of the violation, you may be giving up all your intellectual property rights to that image.
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Great Beyo
nd
1069 days ago
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Now you understand why you should steer far far away from free sites like Flickr and Picasa. There's no way of restricting access to your image, since they're designed to be image sharing platforms. This allows "parasite" sites like imgfave to "collect and cache" your images for easy viewing
Here, of course is the problem - the purpose for photography (at least for me) is to create art and for my work to be seen. Oh sure, I could shoot a bunch, and then shove all the prints in a shoebox under my bed where they will be safe from prying eyes and illicit copying, but what would be the point? Yeah, I know that my stuff is probably all over the web and out of my control, but I'd much rather have people enjoy my stuff than worry about a dozen freeloaders.
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superdewa
1068 days ago
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Well, it does bother me more than just a little and I know that I ought to do something, maybe what you're suggesting, Richard, but unfortunately the timing's all off for me, as I have a daughter in the hospital, and I'm having a difficult time wrapping my head around anything else right now. I assume I would have to actually call a lawyer if they didn't respond to my e-mail/letter? I don't think I can afford to pay a lawyer right now.
I do have to agree with Great Beyond that there are benefits to flickr that may outweigh its problems. The feedback and encouragement I have received on my photos in flickr has been invaluable to me, and I'm not sure I want to give that up.
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richard wa
ng
1068 days ago
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Deidre,
Don't need a lawyer.
Take Mike's advice, send a DMCA cease and desist letter (you can cut and paste the one I've got up) to the email and address mike provided.I'm almost certain the pict will be taken down. They seem to do it all the time, seeing that there are complains by user that "their" pictures have been taken down from "their" list.
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superdewa
1068 days ago
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Thank you Richard. I did cut & paste & e-mail to that address as well as him on Facebook (it's clear it's him). I will send a hard copy as well. Thank you very much.
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Ankou
1068 days ago
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I just signed up for imgfav to check it out. If you don't want your image there then do as mentioned above.
However, keep in mind that at imgfav there is no way to give credit to the original creator. So the person that faved/posted the image isn't at fault here. It's a matter of the service (imgfav.com) not having that option. And imgfav.com does not seem to link back to the original image or site which seems to be another problem with their service.
Might want to mention that to them if you have any further email contact with the site owner. Let him know that his site is basically set up to infringe on the copyrights of others.
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superdewa
1068 days ago
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I'm not even sure what that site is -- it looks like it's somehow connected to Tumblr, a site which still confuses me, but at least my photos that are shared on tumblr are always linked back to the original. But there's very little information about ImgFave.
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Ankou
1067 days ago
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imgfav.com appears to just be a way to bookmark and share your favorite images. You sign up, then bookmark the images you find - which just saves the image (and links it) to your imgfav account. If people view your profile on that site they'll see your bookmarked images.
It doesn't appear to be connected to tumblr - that's probably just where a lot of the images are found and then bookmarked by people.
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superdewa
1067 days ago
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It's been taken down. Thank you all for your help
I did e-mail Gabe back telling him that I wasn't bothered by my photo being shared, just by it being shared without a link back to the original, and that his site didn't make it easy for that to happen -- something he might want to remedy.
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RollsUp
1067 days ago
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Glad it all worked out to your liking, superd.
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aclamp
1060 days ago
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sorry to hear you had problems with this deirdre. but glad it been remedied. i saw on flickr the other day another lady had her images stolen & she quit posting to flickr in a snap. scary stuff.
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Fane Black
stone
1059 days ago
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Thats quite the disturbing Website I gotta say. quite disgusting.
Im new to all this. are you guys saying its easy to just download an image from flickr even when the privacy is set to "all rights reserved"? Because everytime I have tried downloading images from my own flickr account while being singed off [just to test it] all I get is a "space ball" not my image.
Im just wondering.
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