Fair use or theft?

CrewdCrewd Ignorant Newb ;)Registered Users Posts: 54 Big grins
edited November 21, 2015 in Mind Your Own Business
Yesterday I shot a protest march and posted some of my work to my web site. Today four of my images were used in an article critical of the event without so much as a thank you.

My amateur understanding of fair use says this may actually be ok... But it seems really wrong for even a news site to be able to use my work to help create their articles which they then monetize through ads.

Thoughts?

Comments

  • ian408ian408 More wag. Less Bark. Administrators Posts: 21,584 moderator
    edited November 15, 2015
    Send them a bill.
    Moderator Journeys/Sports/Big Picture :: Need some help with dgrin?
  • RichardRichard Mildly bemused Madrid, SpainAdministrators, Vanilla Admin Posts: 19,449 moderator
    edited November 16, 2015
    Doesn't seem like fair use to me, just opportunism. I'd complain.
  • SamSam San Jose CA Registered Users Posts: 7,419 Major grins
    edited November 16, 2015
    Crewd wrote: »
    Yesterday I shot a protest march and posted some of my work to my web site. Today four of my images were used in an article critical of the event without so much as a thank you.

    My amateur understanding of fair use says this may actually be ok... But it seems really wrong for even a news site to be able to use my work to help create their articles which they then monetize through ads.

    Thoughts?

    This is not fair use. What you do about it is up to you.

    Sam
  • jonh68jonh68 Major grins Registered Users Posts: 2,711 Major grins
    edited November 16, 2015
    Take screen shots and send them a bill of $500. Do not backdown if they say they will give credit. Either they pay or take the images down.
  • CrewdCrewd Ignorant Newb ;) Registered Users Posts: 54 Big grins
    edited November 16, 2015
    Awesome guys... I sent them a bill with a screen shot showing the 5 images used and an invoice for $400 for each image. This was their response...
    Hello!

    If those images did belong to you and weren't circulated by the persons in the pictures on social media (who took them), then you'd have cause to bill us, but thanks for saying hi.

    Best regards,

    Conover
  • Eldon SheaEldon Shea Major grins Registered Users Posts: 145 Major grins
    edited November 16, 2015
    Crewd wrote: »
    Awesome guys... I sent them a bill with a screen shot showing the 5 images used and an invoice for $400 for each image. This was their response...

    That response makes no sense at all. You own the images that you made, and even if they were published by people pictured in them, you still own them. They do not enter the public domain merely by publication. Whether or not you have releases from the people pictured (probably not necessary in this situation) you are the owner of the photos. I would insist that they make it right. Good luck. Bryan
  • mercphotomercphoto Bill Jurasz Registered Users Posts: 4,550 Major grins
    edited November 16, 2015
    A**holes. :( Get a layer. :)
    Crewd wrote: »
    Awesome guys... I sent them a bill with a screen shot showing the 5 images used and an invoice for $400 for each image. This was their response...
    Bill Jurasz - Mercury Photography - Cedar Park, TX
    A former sports shooter
    Follow me at: https://www.flickr.com/photos/bjurasz/
    My Etsy store: https://www.etsy.com/shop/mercphoto?ref=hdr_shop_menu
  • SamSam San Jose CA Registered Users Posts: 7,419 Major grins
    edited November 17, 2015
    Crewd wrote: »
    Awesome guys... I sent them a bill with a screen shot showing the 5 images used and an invoice for $400 for each image. This was their response...

    Hello!

    If those images did belong to you and weren't circulated by the persons in the pictures on social media (who took them), then you'd have cause to bill us, but thanks for saying hi.

    Best regards,

    Conover
    ___________________________________________________________________________________

    OK, Who published this article using your images? A real news organization or someone blogging from their mommies basement?

    If the former they know and / or have an obligation to know the law with regard to copyright. They also know that this response is total gobbledygook. They also have money. If you need an lawyer money is the prime overwhelming criteria.

    If the later, what would you expect from today's brainwashed, conditioned, highly educated idiots? They also have no money. They are judgement proof. IE: You be had.

    Sam
  • CameraCharlieCameraCharlie Beginner grinner Registered Users Posts: 2 Beginner grinner
    edited November 18, 2015
    Quite possible they are banking on the fact you may not pursue any sort of action. copyright.gov has all the pertenant copyright info that explains what copyright rights actually are. With that being said, and keeping in mind it may be of no help, you might file a complaint with the federal trade commission. Another option might be to try turning it over to a collection agency, though all you're likely doing is causing minor irritations.

    With proof you'd probably win a court case, if it went that far, however, unless your shots have been registered with the copyright office, the courts will not award any restitution.

    For future reference, a couple things that will help prove copyright ownership is always shoot raw + jpg. Store a copy of all saved images raw files unedited in some identifiable manner so you can find them if needed. Anyone else who claims ownership of your images will not of course have the same raw files.

    Add a copyright notice in your camera menu's comments section, which will show up in exif data. Include your name, the fact images are copyrighted with either the © or (C) if the camera doesnt support the actual symbol, and add "all rights reserved with the year shot.
    Lastly if your editing software allows for embedding the same copyright information i'd do that also, along with a visible copyright notice on the image itself. Though not legally required for copyright protection its another means of indicating ownership.
    Also send a DMCA takedown notice of copyright infringement. Google for information on how to do so.
  • FergusonFerguson Major grins Fort Myers, FloridaRegistered Users Posts: 1,331 Major grins
    edited November 19, 2015
    Crewd wrote: »
    My amateur understanding of fair use says this may actually be ok... But it seems really wrong for even a news site to be able to use my work to help create their articles which they then monetize through ads.

    An example of fair use would be if they showed a small copy (too small for presentation really) of one or more of your images in an article ABOUT your images, i.e. a critique.
  • JetrangerJetranger Big grins Registered Users Posts: 51 Big grins
    edited November 21, 2015
    .
    Make sure you brand all your photos and in addition, use a watermark.

    Steve
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