When someone uses photos of your boat for their commercial gain

It gets worse... not only have these people nicked Shuggy's photo, but they also give the false impression that you will get to sail his boat when you pay for one of their courses. Toerags!
 
But you're a professional photographer Snooks ..... so those photos are your livelyhood. I don't think the OP is in the same position so surely he should be flattered that this professional website has chosen his photo? I don't suppose that he ever intended to, or will, make any money from it either way.

Richard

It gets worse... not only have these people nicked Shuggy's photo, but they also give the false impression that you will get to sail his boat when you pay for one of their courses. Toerags!

Got it in one. My boat is not available as a sailing school vessel!
 
But you're a professional photographer Snooks ..... so those photos are your livelyhood. I don't think the OP is in the same position so surely he should be flattered that this professional website has chosen his photo? I don't suppose that he ever intended to, or will, make any money from it either way.

Richard

I'll start doing your profession for free, devalue your product, and put you out of business...and I'll be 'flattered' in the process.

Yep I can see how that works.
 
This company has pinched a photo of my boat from Flickr for their company website.

http://www.bluesailing-school.com/en/nicholson-43

I've asked them to remove it from their website but they haven't done so.

No reason for the post other than to rant ;-)

Bast*rds.

If you wish to protect any publication with copyright you meed to put the copyright symbol or the word copyright and the date and the person or organization that holds the copyright.

If you dont you will have difficulty in proving that you were the originator thus copyright holder. Also the school is in France so that also created a potential problem.
 
Is there a difference between copying an image onto a web site and linking to an image as we sometimes do here to illustrate posts?
 
Linking to an image is evil.

If you host a website then you pay for the storage and the bandwidth. If someone else hotlinks to an image on your site, they are acting as 'free riders' - they are not paying for the storage or bandwidth.
 
Linking to an image is evil.

If you host a website then you pay for the storage and the bandwidth. If someone else hotlinks to an image on your site, they are acting as 'free riders' - they are not paying for the storage or bandwidth.

Correct, but in general the benefit in search rankings from a link ouweighs the cost. Taking my photos, clipping off or obscuring my YACHTSNET wording - see http://www.yachtsnet.co.uk/boats/h35515/images/saloon-aft.jpg and then putting them up as an advert for charter or sale of a different boat is plain wrong (and easily legally enforceable if the company is in the UK). My problems mostly come from Greece etc.

A couple of other UK yacht brokers have tried this too - one told me when I phoned him that as my photos were on the web they were free for public use. He was disabused of this as politely as I could.
 
Just invoice them .................for fun!:encouragement:

If you are the originator of the photograph, you can indeed invoice them. (as long as you haven't put it out there under a creative commons licence. I dont know flickr's licence, but usually it grants themselves rights, not simply rights for anyone to take it) If you are just the boat owner, you can't.

Getting them to pay may be a problem, but if you inform their isp they are using copyrighted material without permission they will usually take the website down until it is sorted.
 
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It's called "free-market capitalism"! :)

Richard

No it's not. That is when others start selling stuff in your market.

Just doing work or giving products and services to strangers for their own profit is stupidity, not capitalism. And it does seriously undermine the livelihoods of those who do it for a living.

Try going out setting lobster pots from your local harbour and then sitting on the quay offering them all for free, see what happens :)
 
First off screen grab everything, including the page source code. Often with Wordpress this puts images in dated files so you can see when the images was uploaded. Handy when they say it's been on there for weeks, when really it has been on there for months. Next submit a DMCA request to get the image removed http://www.dmca.com/FAQ/What-is-a-DMCA-Takedown

If you don't want financial reward (which you are entitled to) you have a few options, my favourite is to name and shame them on social media (which usually brings an apology and removal of images) or you can walk away.

If you want to take it further http://www.epuk.org/opinion/stolen-photographs-what-to-do

But also check the rights that you uploaded that image into Flickr, you may have clicked the CC tab by mistake.


No First off check the licence you've published it under - if it's CC without a non-commercial and attribution clause, the website has done nothing wrong.
 
If you wish to protect any publication with copyright you meed to put the copyright symbol or the word copyright and the date and the person or organization that holds the copyright.

If you dont you will have difficulty in proving that you were the originator thus copyright holder. Also the school is in France so that also created a potential problem.


No, legally you don't.
 
What is the problem here? I would be flattered. It is not costing you anything, nor damaging your boat in any way. If you don't want your photos to be seen by any number of strangers then don't put them on the Internet.

+2

Although I think the default is "All Rights Reserved" on Flickr
 
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If you wish to protect any publication with copyright you meed to put the copyright symbol or the word copyright and the date and the person or organization that holds the copyright.

If you dont you will have difficulty in proving that you were the originator thus copyright holder.

Nope - copyright exists in a creative work as soon as it's created. The copyright symbol used to be needed in the USA before (IIRC) the mid-70s, but not any more. Its purpose now is merely as a warning; I think there's something about claiming increased damages because it shows the perpetrator did it wilfully rather than in ignorance.

It obviously doesn't "prove" anything - I could take a copy of it now and put a (c) symbol and my name on it, but I think a court might want to see some rather better evidence if I claimed ownership.

Pete
 
This company has pinched a photo of my boat from Flickr for their company website.

http://www.bluesailing-school.com/en/nicholson-43

I've asked them to remove it from their website but they haven't done so.

No reason for the post other than to rant ;-)

Bast*rds.

I am not clear here. Is it actually your photo, or is it a photo of your boat that someone else has put on Fickr?
 
No it's not. That is when others start selling stuff in your market.

I assume that your comment is tongue-in-cheek?

Do you really believe that a new trader coming into your market and under-cutting your service, in extremis at zero cost to the customer, until you go out of business ...... and then benefiting by capitalising on the market share they have bought for themselves, is not free-market capitalism? :)

I've been in business for 40 years and have seen this so many times I've lost count!

Richard
 
Nope - copyright exists in a creative work as soon as it's created. The copyright symbol used to be needed in the USA before (IIRC) the mid-70s, but not any more. Its purpose now is merely as a warning; I think there's something about claiming increased damages because it shows the perpetrator did it wilfully rather than in ignorance.

It obviously doesn't "prove" anything - I could take a copy of it now and put a (c) symbol and my name on it, but I think a court might want to see some rather better evidence if I claimed ownership.

Pete

I was under the impression it was to do with proving when it was first published and by whom. May be I'm wrong then.
 
If you wish to protect any publication with copyright you meed to put the copyright symbol or the word copyright and the date and the person or organization that holds the copyright.

If you dont you will have difficulty in proving that you were the originator thus copyright holder. Also the school is in France so that also created a potential problem.

Not so, at least, not in the UK. Putting those things there will certainly help prove that people using the image were aware of its status, but copyright exists as a RIGHT in most places - YMMV in the USA!
 
I assume that your comment is tongue-in-cheek?

Do you really believe that a new trader coming into your market and under-cutting your service, in extremis at zero cost to the customer, until you go out of business ...... and then benefiting by capitalising on the market share they have bought for themselves, is not free-market capitalism? :)

I've been in business for 40 years and have seen this so many times I've lost count!

Richard

"A new trader"? Try everyone with a digital camera. Then take those who don't realise the value of their work, giving it away, while others encourage them and say they should be flattered. While on the other side there are those who either don't know or don't respect copyright laws. That doesn't sound like a free-market to me.
 
Correct, but in general the benefit in search rankings from a link ouweighs the cost. Taking my photos, clipping off or obscuring my YACHTSNET wording - see http://www.yachtsnet.co.uk/boats/h35515/images/saloon-aft.jpg and then putting them up as an advert for charter or sale of a different boat is plain wrong (and easily legally enforceable if the company is in the UK). My problems mostly come from Greece etc.

A couple of other UK yacht brokers have tried this too - one told me when I phoned him that as my photos were on the web they were free for public use. He was disabused of this as politely as I could.

I've no doubt they nick your pictures, John, because you take the best 'For Sale' pics in the business!
 
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