Nicholas-c Veteran Posted January 28, 2009 Veteran Share Posted January 28, 2009 Hey guys, basically being admin of imgdash i look at some new images uploaded so i can keep a leash of them and know whats being put on my server, Recently someone uploaded an image for a "Stock pack" http://www.imgdash.com/uploads/59b48_preview.jpg The bottom image of the pencils looked very familar, so i looked through my collection and yes. It's my image i did in october, At this point i was really annoied, so i did some research, found the forum and proceeded to download the "Stock Pack" Sure enough. I found my image, With its original "Nicholas Carter Photography" watermark Removed. I had never been contacted over this. I also found many more images... Majority being house/lost promo pictures and alot of images i have seen here on neowin i was amazed. - I will be finding the owners of the images and PM'ing them insted of posting here. I have contacted the member via PM and am now stuck, my mate who has started law at uni said he cant do this, But i need you help. Here is a record of the conversation. (formatted for forums) Thanks for replying, Sadly you are wrong with your statement and whilst i am glad people like my work, it would be nice to be asked first, it really isn't hard to contact me, via flickr, my filckr profile has links to my sites (imgdash included) which therefor have contact addresses etc. However. Back to the issue in hand. I have done some research on fair-use policy and un-covered this.There is an exception to the rules of copyright, called fair use. This means that people can copy a very small amount of a work to use in reviews or in research reports. Well.. Unless i am getting wrong end of the stick this is NOT a review or research and credit is not given. I have been in contact with people involved in law and am willing to take it further. Looking foward to hearing from you. Nicholas-c Hey, Nice pack you have there... Too bad that a few images are from users of neowin... Without being credited...Just like kdpack (25).jpg... Thats my image and i have never been asked if anyone can use it. Care to explain ? Looking forward to a reply... Nicholas-c http://www.forums.khaoticdesigns.com/index.php?showtopic=149 While I appreciate the fact that you feel you have been slighted, if you go and read copyright law, using something for personal, not for profit use; & I don't cause the piece to lose value, it falls under the Fair Use section. If you have downloaded the pack, you would see that credit is given to the original artists as well. I stumbled across your image as I bounced from one flickr to the next looking at nice pictures. While you feel this is some sort of slight I guess, you should be happy in the fact that people like your work. If you don't want your photos possibly being used for anything without people jumping through hoops to contact you, then you shouldn't put it out there on the internet. Here is the relevant page for you regarding Fair Use. http://www.copyright.gov/fls/fl102.html It's great that you did research. But, you should have stuck with the governments website, since they actually wrote and enforce the law. There are many other examples given regarding fair use, and they also point out whats needed for it not to be. Now, if you want to get all hellbent, get a lawyer, or whatever, feel free. But a bit of advice for next time. If you treat people respectfully, you get alot farther. Blowing up in the shoutbox and being confrontational to me in PM, won't get you far. So, unless you care to go and waste money on a lawyer, this matter is closed. Link to comment Share on other sites More sharing options...
the evn show Posted January 28, 2009 Share Posted January 28, 2009 You could also fire off a DMCA take-down notice to his hosting provider that this is distributing your material without a license. The basic process is described in Wikipedia and you can send these letters yourself and they do get acted on (some friends tested the idea by firing off letters to eachother's hosts a couple of years back. Without fail they removed our 'copyrighted material" (which consisted of 4mb of /dev/random dumped to file). He could file a counter-take down notice: that forces your hand. If he does then you have 2 weeks to file against him or your material can be restored. If you're interested in pressing the issue: send him an invoice, then a second, and then a final. Assuming he ignores all three you follow up in small claims court. If you're able to file against him locally and he or she doesn't respond you'll win your case (default judgement). If he does respond then you'll argue your case (you can represent yourself). Assuming you win: you're left trying to collect which may be difficult if the court in question doesn't have jurisdiction over him. You may be able to write a court that does and ask them to enforce judgement but that's no guarantee. IIRC that's roughly the approach that you take: I only vaguely recall my law courses in University (and I have a comp sci. degree so it's not like I'm even remotely qualified to give legal advice). So take your choice: send the DMCA notice or send a bill. Link to comment Share on other sites More sharing options...
crazzy88ss Posted January 28, 2009 Share Posted January 28, 2009 This is so lame :/ Do you happen to have a link to this "pack" so use neowins can see if our images have been used? Link to comment Share on other sites More sharing options...
sn0b0rder Posted January 28, 2009 Share Posted January 28, 2009 This is from the hip so take it with a grain of salt. If he is not selling/making profit/reproducing for resale and is not claiming the work as his own, then you do you have the right to request credit and or removal. Beyond that I think you're wasting your time. In many instances even with images of copyrighted material such as movies, tv shows etc if an individual decides to take a logo, graphic, picture and apply it to some wallpaper, overlay, clothing, etc there isn't much they can even do - UNLESS it becomes an item they begin marketing for a profit. Either way, Good luck. Link to comment Share on other sites More sharing options...
crazzy88ss Posted January 28, 2009 Share Posted January 28, 2009 I think it's kind of the fact that the guy's being an a-hole about it, basically saying "screw you." Link to comment Share on other sites More sharing options...
Prince Charming Posted January 28, 2009 Share Posted January 28, 2009 (edited) Wut, the middle image is mine? EDIT - Just checked out the pack - all the exif data is intact, including where it has my artist name in a couple of the photos. The file is hosted on drop.io, which have a report function for copyright files. Also, the Khatoic Designs website's rules of registration state of posting of copyright media. 'You agree not to post any copyrighted material unless the copyright is owned by you or by this bulletin board.' I also don't think redistributing other people's photos as full resolution versions as part of a 'stock pack' for people to do what they want with, constitutes fair use at all. Crazy88s - the file is at http://drop.io/n3gjcw5. I saw two photos of mine and recognised a couple from other neowinians Edited January 28, 2009 by Pandya Link to comment Share on other sites More sharing options...
Prince Charming Posted January 28, 2009 Share Posted January 28, 2009 Just did a bit more digging. The file at drop.io isn't available any more as I reported it for copyright violation - but here's a screenshot of the folder with the images in them. I've highlighted images I recognize as being by Neowin members. Then, just out of curiosity, I looked at another one of the stock packs on the website. Suprise suprise. Looks like they're redistributing a fair amount of work by various Neowin photographers. Link to comment Share on other sites More sharing options...
goodcase Posted January 28, 2009 Share Posted January 28, 2009 haha, kdpack (47) is mine. :p Link to comment Share on other sites More sharing options...
Brad. Posted January 28, 2009 Share Posted January 28, 2009 NO ****ING WAY! My jelly made it! GO JELLY! Seriously though, this is ****ed up. I've just studied copyright laws on images on my National Diploma in IT course. Even if he's not making a profit off them he's still (kind of) passing them off as his own. ****er. Link to comment Share on other sites More sharing options...
sn0b0rder Posted January 28, 2009 Share Posted January 28, 2009 hope you guys get this worked out. Link to comment Share on other sites More sharing options...
Brad. Posted January 28, 2009 Share Posted January 28, 2009 (edited) hope you guys get this worked out. Yeah me too, I'm not too bothered about my image on there. However there's moonman's images on there and I recognise the guy in the hat/girl with hat too. Edited January 28, 2009 by Brad. Link to comment Share on other sites More sharing options...
crazzy88ss Posted January 28, 2009 Share Posted January 28, 2009 I recognize some from the strobist flickr group... what a moron. Edit. There's buu and moonman's niece as well as my friends in the last few shots of pandya's "surprise surprise" link. Link to comment Share on other sites More sharing options...
Prince Charming Posted January 28, 2009 Share Posted January 28, 2009 I've been in contact with the site's administrator concerning the contents of the pack in question, and he seems to be very cooperative about the issue and will be removing the post (although the pack download is no longer available anyways) and I believe banning the poster. Link to comment Share on other sites More sharing options...
Nicholas-c Veteran Posted January 28, 2009 Author Veteran Share Posted January 28, 2009 Yeah, i have been in deep arguements over it and now he is treatening to sue me for looking at images uploaded to imgdash :p ah well. If you go to the topic on the forum, it now says "Being repacked" and the download links are down. Hopefully he will learn ;) Link to comment Share on other sites More sharing options...
SirEvan Posted January 29, 2009 Share Posted January 29, 2009 you know, I had a similar issue with an automotive brake company about 3-4 years ago. I got a call one day from one of my models saying she saw her photo in superstreet, and wanted to know why it was there (we had previously agreed that the shots would not be sold, as it was a TFP shoot). I went out, bought the magazine, and sure enough, when i scanned the image and overlayed my original shot over it (had to scan it, as I co-shot with another photographer, so wanted to see if it was my image or his), my image was the one. I contacted the Brake company, and they claimed their AD agency got the image, so I contacted them and asked how they got it...said they pulled it off my site (which had a disclaimer sayin people could use the shots if not for profit (backgrounds, etc). Since this was for profit, I sent them a bill for 2500$....check arrived in the mail 2 weeks later, followed by another check for 2000$ a few months later when they wanted to re-run the ad. You have to protect your work, or else people will steal it and try to pass it off as their own. Link to comment Share on other sites More sharing options...
crazzy88ss Posted January 29, 2009 Share Posted January 29, 2009 I want $4500 too! People are lame. Link to comment Share on other sites More sharing options...
p858snake Posted January 29, 2009 Share Posted January 29, 2009 (10), (20), (30) are also from members of here and (90) + (3) are possibly from here as well. Link to comment Share on other sites More sharing options...
Bubbabyte Posted January 29, 2009 Share Posted January 29, 2009 looks like he posted a new pack, with more images from members.. i see alot of moonman's pics in this one as well. http://www.forums.khaoticdesigns.com/index.php?showtopic=144 NOT ONLY THAT, but it includes a readme.txt that says the following: Thanks from downloading this pack from Sinister-Intentions.All of the stocks you find in this pack were gathered by Sinister-Intentions. All rights for the stocks goes to the original photographer. Full credit for the pack goes to Sinister-Intentions. If you liked this pack please come vist us at http://sinister-intentions.net/forums/index.php Thank you and enjoy the pack! FULL CREDIT for stealing someone's pics??? Link to comment Share on other sites More sharing options...
Brad. Posted January 29, 2009 Share Posted January 29, 2009 Is anyone going to comment the topic over there asking about it? I'm tempted :/ Link to comment Share on other sites More sharing options...
Popcorned1 Posted January 29, 2009 Share Posted January 29, 2009 https://www.livehost.net/reportabuse.html Report them to their host. If a couple people submit we should be able to get the website shutoff. Link to comment Share on other sites More sharing options...
Bubbabyte Posted January 29, 2009 Share Posted January 29, 2009 i've replied to the topic i posted above. Link to comment Share on other sites More sharing options...
JMann Veteran Posted January 29, 2009 Veteran Share Posted January 29, 2009 That person has also taken 4 of my Photographs, (13/14/31/33) I need to read this thread fully first but it looks like he has just realeased a new pack with even more. Could someone take screenshot(s) of the Photo's in the newest pack so we can see what one's are on there as well? Thanks Link to comment Share on other sites More sharing options...
Popcorned1 Posted January 29, 2009 Share Posted January 29, 2009 This is the link from the forum JMann : http://drop.io/xh1ahpd Link to comment Share on other sites More sharing options...
Bubbabyte Posted January 29, 2009 Share Posted January 29, 2009 ok the guy on the forum is now asking for proof as to what photos are not his. Please let em have it. Link to comment Share on other sites More sharing options...
Brad. Posted January 29, 2009 Share Posted January 29, 2009 Why is the admin trying to cover up any discussion? Well, I know but it's ridiculous. Link to comment Share on other sites More sharing options...
Recommended Posts