When someone else uses your pictures

[kninebirddog]

A friend of mine called me today apparently some other breeder he found on the gundog breeders is using my puppy Kninebirddogs bathbabies picture for the puppy section of their website

I did not give this person permission to use my picture which is a signature picture of mine took me over 200 tries to get that picture...Thank God for Digital cameras

I emailed this person and told them they do not have my permission and I would like it if they removed my picture from their website

this is the the picture they are using with out my permission it is the redlines Tequila Smoker x Tucalota Creek Picabo litter I had a few years ago


So what is my next recourse if this person continues to use my picture

and why would a person want to use someone elses picture to promote their pups

Sorry but yeah this has me a bit baffled and a little upset as i do not know who they are and what kind of program they have other then they breed different breeds and they have a bunch of different breeds. and I personally do not want my program to be confused for what ever they do specially with out my permission

Sorry for the Rant

UPDATE FROM LAST PAGE

Again I want everyone to know that Jake Jaccard was prompt in this and did reply...and I can appreciate that very much...Might even find out what he charges for his work as he has a super spam guard which would be very helpful in todays spammers age to prevent the unwanted bots from joining sites who are just out to sell unwanted stuff

To Jake Jaccard...Thank you for your prompt attention and please join here and share some pics of your dog...you got to be a good guy after all ....you like Brittanys

[slistoe]

Search the website address on whois.com? and find the webspace provider. Let them know that the person has copyright material they refuse to remove. They may have a policy and will revoke the webspace.

[TimSchoenborn]

This is actually pretty easy to do..............

If you want you can reach me and I will give you a hand.

You might want to send them this which pretty much sums up everything. I get into a few battles a year with stolen images but have yet to not get things resolved. Most people don't even know they are doing anything wrong. You can always sell the rights to them on this image. I would charge $180.00 for this one.

Let me know if I can help you out any further........

Tim Schoenborn

www.timschoenborn.com

The following copyright information is provided by the Professional Photographers of America.
In concert with our equine photography colleagues, and as members of PPA since 1992, we
welcome any questions you may have as we strive to assist and educate our customers, so that we
may continue to serve your photography and design needs.
Twenty years ago photographers controlled the means of reproducing their images. Todays
environment is vastly different. Technology has advanced to a point where it is easy an inexpensive
to reproduce a photographic image. Quality has improved dramatically. The machines in homes
and offices may not provide competition print quality but they are more than adequate for many
consumers.
What things are copyrighted?
A work is considered copyrighted from the moment of creation. In addition to photographs,
other works subject to copyright restrictions are motion pictures, books, sculptures, boat
hull designs, architectural elements (not the building as a whole), music, etc.

Who owns the copyright?
The creator of the photograph is usually the copyright owner. A client does not obtain the
right by purchasing copies of the work. Copyright ownership is not the same as ownership
of a photographic print, digital file or even a film negative. Without a written agreement
transferring the rights, all the client owns is the physical object. The copyright owner of a
photograph has the exclusive right to, or to authorize others to, do the following:
1. Reproduce the work
2. Prepared derivatives based on the original work
3. Distribute copies of the work to the public by sale or other transfer of ownership.
If someone offers the photographer a photo credit, does that mean they did not infringe?
No. Giving a photo credit has no bearing on whether or not an infringement exists. Without
a written agreement to the contrary, the photographer is the only one permitted to make
copies their work.
Images were found posted on a website; does that mean they are in the public domain?
Copyright law protects even the images you find posted online. If a website contains
copyrighted material that has not been purchased for that use, the Digital Millennium
Copyright Act (DMCA) allows the copyright holder to send a letter to a website’s Internet
Service provider or Copyright Abuse Agent to request the copyright-protected material be
removed.

[Sharon]

I have occasionally PM'd people asked if I could use their picture ( with credit), on another forum. They have said no problem. There's no written agreement involved.
I have posted my friend's pics ( at his request). Is any of this a problem?

Surely there's a difference between copying a professional photographer's work ( wwhich anybody with a brain knows you can't do), and posting your friend's pic with their permission?

[TimSchoenborn]

I have occasionally PM'd people asked if I could use their picture ( with credit), on another forum. They have said no problem. There's no written agreement involved.
I have posted my friend's pics ( at his request). Is any of this a problem?

No

[Ruffshooter]

Is the photo on Photobucket or some other photo hosting site?
I think there is something written in the rules section that addresses photo use.

[snips]

I pulled into a hunt test couple of weeks ago and saw a enlarged pic of my old dog on the side of someones trailor. I have seen other poses of my dogs on ebay selling address labels and others selling decals. I actually bought some, since it was my dog. I guess I was somewhat irrated to start with, but ended up feeling complimented that people think my dogs look goog enough to steal. Oh well. :roll:

[kninebirddog]

Great info thank you

I emailed them so i will give it a day or so to see if they take it down...if not I will Pm you

again Thank you for the information

this person is using my picture on their website in the puppy setion like it was a litter they produced for sale and it definitely wasn't...

[Prairie dog]

Do you have a litter on the ground now. If not why don't you be a good sport and let them use it. It's not like anyone can tell a good litter from a bad one at the age of those pups...Besides all Brit pups look the same....

[Sharon]

kninebirdog:
It's a wonderful picture. I can see where they'd be tempted. My husband always says , "It's a compliment when someone steals your picture."

Snips:
That is unbelievable. Your reaction ( buying the stuff) was hilarious.

If you're a professional though, it is not funny. You make living off of selling those pictures.

[snips]

I would be very upset if they were using my puppy pics for selling their puppies tho. Go get em Arlette!!!

[Don]

I can see why he would want to. Call Tim, its a copyright violation. Call Tim!!!

[Maverick]

I was surprised to see that picture on their web site, especially since I own one of those pups.
I just fired them off an email telling them that I was surprised to see my pups picture on a breeders web site other then the breeder I purchased him from.
The sad part of the whole thing is they have a page attached to their web site explaining the copying any part of their site is theft and agaist the law.
So it would seem they know what they are doing is wrong but hoped know one would notice anyways.
Guess they were Wrong!!

Mav.....

[BirdDogDesire]

Guess their family didn't raise them right....you know the manners, ask first...!?

[kninebirddog]

Yeah I just saw a part of the picture on front with a caption of our puppies under it then on the puppy page trying to copy right it with the legal info
edited the website out they better read their own copyright advice there

i also shot off an email to the web host whicbh was below

[terrylndrs]

Here is a link to all the copyright info you need http://www.copyright.gov/

By the quality of the photo on their site, you can tell it was taken from somewhere else. If they had the original, the quality wouldn't be that bad. the picture on their site is do poor wuality you can hardly tell what it is. I'm a Pro Photographer and i went through a similar thing. When they find out they can be charge up to $100,000.00 they will change their mind. If it is digital, the file will have all to the data about the camera used imbeded in the file. fighting it can be very $$$$

Good luck

P.S. Great Shot

[kninebirddog]

was taken with a fuji slower then molasses to snap the picture off..i have tried to do the same type picture with other pups...lets just say last litter i tried over 500 shots nothing remotely even close

did i say thank God for digital cameras :roll:

[kninebirddog]

I just hack at the camera but this is the orginal site where i down loaded the pics
http://photos.canevit.com/v/users/knine ... 1.jpg.html has the info of camera and other stuff i do not understand

I am a stab and steer kinda picture taker but i get lucky every once in a while

[gonehuntin']

Do you have a litter on the ground now. If not why don't you be a good sport and let them use it. It's not like anyone can tell a good litter from a bad one at the age of those pups...Besides all Brit pups look the same....

You have to be kidding. They are using a picture that K-9 took, of a litter that is not theirs and trying to sell it. Total misrepresentation and incredible laziness on the "breeders" part. Is the number of pups available even correct. As far as I'm concerned, the people that stole that picture are dirt bags.

[TimSchoenborn]

Great info thank you

I emailed them so i will give it a day or so to see if they take it down...if not I will Pm you

again Thank you for the information

this person is using my picture on their website in the puppy setion like it was a litter they produced for sale and it definitely wasn't...

Good Plan........

There are a number of avenues you can approach to get it removed. Although Like I mentioned before "MOST" people do not know they are not doing anything wrong. This is a case that would irritate me on a number of fronts though. The fact they are using an image that does not belong to them to promote their breedings and dogs is completely unethical. It in my mind borders on fraud.

One thing I noticed right away is private registration with their domain. Here is the host of the domain.


Host Ultra (whois@juqn.com)
+1.8009595365
Fax:
848 N. Rainbow Blvd. #1854
Las Vegas, NV 89107
US


This type of thing is beyond just using an image that you took of a type of product that is mass manufactured and they all are the same anyway.

I would be more than glad to help you out further if you need it.

Here is my Home Phone Number if you need to reach me or have any questions.

248-264-6720

Tim

[Prairie dog]

Do you have a litter on the ground now. If not why don't you be a good sport and let them use it. It's not like anyone can tell a good litter from a bad one at the age of those pups...Besides all Brit pups look the same....

You have to be kidding. They are using a picture that K-9 took, of a litter that is not theirs and trying to sell it. Total misrepresentation and incredible laziness on the "breeders" part. Is the number of pups available even correct. As far as I'm concerned, the people that stole that picture are dirt bags.

Or it could be viewed as a form of Flaterry ..It is a very nice picture after all. I agree they are lazy and underhanded...And yes , I was kidding in part.....

[phermes1]

I like the above suggestions better than what I'm about to mention, so keep that in mind...

They have a guestbook. If they flat out refuse to take the picture down, I'd start making entries in said guestbook explaining everything to their visitors.
Many entries.

[kninebirddog]

Do you have a litter on the ground now. If not why don't you be a good sport and let them use it. It's not like anyone can tell a good litter from a bad one at the age of those pups...Besides all Brit pups look the same....

You have to be kidding. They are using a picture that K-9 took, of a litter that is not theirs and trying to sell it. Total misrepresentation and incredible laziness on the "breeders" part. Is the number of pups available even correct. As far as I'm concerned, the people that stole that picture are dirt bags.

Or it could be viewed as a form of Flaterry ..It is a very nice picture after all. I agree they are lazy and underhanded...And yes , I was kidding in part.....

Prairie dog we need to get you special emoticons..

Yes it is flattery that they liked my picture to use it...but it isn't still isn't right how they are using it

[Prairie dog]

I agree they should not have used it with out your ok.
Now on my emoticon. Should I feel flattered.

[kninebirddog]

was the best i could do on short notice

here how about this one

still no reply from the poster or the web designer or web host guess it is still morning also

[12 Volt Man]

Worst part of this is his legal disclaimer. Funny that he has the huevos to do put that up after stealing your photo.

[Greg Jennings]

My wife has had her pictures used without permission or attribution.

Once, when I asked for attribution, someone indignantly rejected my request.

Since she isn't a professional photographer and I didn't think that I could show any sort of financial impact, I didn't pursue the matter.

[TimSchoenborn]

My wife has had her pictures used without permission or attribution.

Once, when I asked for attribution, someone indignantly rejected my request.

Since she isn't a professional photographer and I didn't think that I could show any sort of financial impact, I didn't pursue the matter.

Pro or Not

It is in laymans terms intellectual property.

There are thousands of cases in the U.S. Legal System that provide evidence that is unlawful to use another's image (Intellectual Property) without written consent.

Try to take a picture to WalMart as an example that does not belong to you and have it printed. In most cases if the guy or gal in that dept are not asleep at the wheel your reproduction of the image will be denied.

There is no grey area in any of this regardless of your status in regards to being a Pro or not.

Tim

[ACooper]

I see the photo is still up? Any response to the emails yet>

[mountaindogs]

There is a very good chance the photo was "stolen" by the website designer. They would of course KNOW BETTER, but the breeder may have not known where the photo came from themselves, assuming the web designer came by it legally.
That said I would assume they would gladly take it off and be apoligetic - we shall see.

You have reminded me that I need to make a copyright stamp for all my photos individually. It is very easy to right click and dowload someone's image. TOO EASY.

[pstrman]

I believe they changed the picture if I am looking at the right site.

[TimSchoenborn]

I believe they changed the picture if I am looking at the right site.

Looks that way doesn't it.

Like I said before most people don't challenge this type of thing. It really is no contest and they can set themselves up for a lot more trouble than what a picture is worth.

And is this case even buying user rights to this image is useless.

Tim

[kninebirddog]

OK the webmaster did remove the pic with a very nice apology
One thing I noticed about the contact set up he has what appears to be a great spam stopper
May have to ask them about what they charge for that

Anyways. Awesome info and a webmaster that cleared up what sounds to be an inadvertant mistake.....I can live with that

Thank you all

[kninebirddog]

Ok I am on my laptop now

On Thu, Jan 15, 2009 at 11:10 AM, Yeoman Jake <admin@yeomanbee.com> wrote:

Dear Arlette, I am sorry for this. I was constructing the site, I just used that picture to show the owner what a front page would look like. It was a cute picture of puppies and I just "borrowed" it to show him what the home page would look like. I just forgot to remove it, but if you go back there, you will note that it has been quickly removed. I had no intention of stealing that image. I am sorry this has caused you undue concern.

This was an oversight, and no intention of stealing copyrighted images) and it has been resolved. I do hope you'll accept my humble apology.
Brad, the owner of this new website had nothing to do with this, it was my fault and oversite.
I didn't have a picture of puppies. If you want, I'll also post an apology to the home page for awhile to show my good faith.

Please do respond to me on this. I too, am relatively new to building websites, so I didn't realize I was doing anything terrible.

By the way, that picture is very cute! I am also a Brittany lover, and I only got involved in the construction of that site because I wanted another Brit. Mr. Smiley offered me a puppy in the exchange.

Your picture has been quickly removed. Please go to {edited the website out) and press F5 to refresh the screen, so see that I have removed the picture in quesiton in good faith.

Best Regards and my humble apology,
Jake Jaccard,
Yeomanbee NetGraphics, Ltd.
my business site is http://www.yeomanbee.com

Again I want everyone to know that Jake Jaccard was prompt in this and did reply...and I can appreciate that very much...Might even find out what he charges for his work as he has a super spam guard which would be very helpful in todays spammers age to prevent the unwanted bots from joining sites who are just out to sell unwanted stuff

To Jake Jaccard...Thank you for your prompt attention and please join here and share some pics of your dog...you got to be a good guy after all ....you like Brittanys

[gonehuntin']

Obviously Arlette, your reputation for violence preceeded you!!!

[Grange]

On another messageboard I go to (not dog related) one poster "borrowed" another poster's picture without permission and entered a photo contest. Well the poster ended up winning or at least placing high enough to get several very nice prizes. Another contestant recognized the photo and alerted the owner of the photograph. Mayhem ensued on the messageboard (there is very little moderation) and the offending poster ended up having to donate all prizes and apologize.

[Don]

Ok I am on my laptop now

On Thu, Jan 15, 2009 at 11:10 AM, Yeoman Jake <admin@yeomanbee.com> wrote:

Dear Arlette, I am sorry for this. I was constructing the site, I just used that picture to show the owner what a front page would look like. It was a cute picture of puppies and I just "borrowed" it to show him what the home page would look like. I just forgot to remove it, but if you go back there, you will note that it has been quickly removed. I had no intention of stealing that image. I am sorry this has caused you undue concern. (http://www.smileysbrittanys.com).

This was an oversight, and no intention of stealing copyrighted images) and it has been resolved. I do hope you'll accept my humble apology.
Brad, the owner of this new website had nothing to do with this, it was my fault and oversite.
I didn't have a picture of puppies. If you want, I'll also post an apology to the home page for awhile to show my good faith.

Please do respond to me on this. I too, am relatively new to building websites, so I didn't realize I was doing anything terrible.

By the way, that picture is very cute! I am also a Brittany lover, and I only got involved in the construction of that site because I wanted another Brit. Mr. Smiley offered me a puppy in the exchange.

Your picture has been quickly removed. Please go to http://www.smileysbrittanys.com and press F5 to refresh the screen, so see that I have removed the picture in quesiton in good faith.

Best Regards and my humble apology,
Jake Jaccard,
Yeomanbee NetGraphics, Ltd.
my business site is http://www.yeomanbee.com

Again I want everyone to know that Jake Jaccard was prompt in this and did reply...and I can appreciate that very much...Might even find out what he charges for his work as he has a super spam guard which would be very helpful in todays spammers age to prevent the unwanted bots from joining sites who are just out to sell unwanted stuff

To Jake Jaccard...Thank you for your prompt attention and please join here and share some pics of your dog...you got to be a good guy after all ....you like Brittanys

K9 my dear, YOU ARE A CLASS ACT.