HEADS UP - Leisure Pro illegally using copyrighted images

[aue-mike]

A friend notified me that Leisure Pro used one of my images (without permission or compensation) in their Aquaviews online "magazine."

World?s Top 10 Wreck Dives (Part-II)|Aquaviews – Online SCUBA Magazine

I have already notified them in an attempt to protect my work, but I also wanted to pass this along as it seems they have culled quite a few images throughout their pages, most likely simply swiping them off the internet. So, you might want to check to see if any of your work was "borrowed" as well.

Cheers,
Mike

 

[imwright1985]

there is a way you can kinda block people from saving your images from the web and it will cut down on the ability for some people to "borrow" your images as easily, I have noticed that when i see a cool image i want as a backround for my desktop or phone and try saving it to set as a backround but not sure on how they do it

 

[siikik]

The simplest (and probably the best) way to combat this type of copyright infringement is to watermark the pictures you post on the Internet so it's obvious the picture has been leeched. Don't rely on any kind of scripting to protect your images unless you own the server yourself... it's far too easy to coax a link out of a script.

The underlying problem is simple... if I visit a web page, say, the one in your post, then I have copies of the pictures on my computer. And they will stay there until I clear out my cache. While this is technically a violation of copyright laws, there is absolutely nothing being done about it. I would guess every computer that ever touched the Internet is guilty of copyright infringement in one way or another.

Personally, if they gave you credit for the picture, I'd take the publicity over royalties. Maybe you don't need to add "published author" to your portfolio, but that's what they did for you, like it or not. I'd consider choosing my battles on this one.






Ken

 

[mike_s]

A friend notified me that Leisure Pro used one of my images (without permission or compensation) in their Aquaviews online "magazine."

World?s Top 10 Wreck Dives (Part-II)|Aquaviews – Online SCUBA Magazine

I have already notified them in an attempt to protect my work, but I also wanted to pass this along as it seems they have culled quite a few images throughout their pages, most likely simply swiping them off the internet. So, you might want to check to see if any of your work was "borrowed" as well.

Cheers,
Mike

I noticed they "gave you credit" in the above link for the photo.

did they do that before or after you contacted them?

there is a way you can kinda block people from saving your images from the web and it will cut down on the ability for some people to "borrow" your images as easily, I have noticed that when i see a cool image i want as a backround for my desktop or phone and try saving it to set as a backround but not sure on how they do it

You can make it more difficult to block images from download, such as using Java to pop up a "copyrighted image" notice if you try to "right click" to save something. but that's easily defeatable.

you can also do several other things, such as embed them as Flash, etc. But all of those are easy to defeat also.

If you want to protect your images, you can pretty much you either make it viewable (and downloadable ) to those on a website, or you don't. It's hard to keep it from otherwise being saved if it's downloaded as part of a web page. Someone will always find a way around it eventually.

 

[redhawktwo]

I know a lady that had a website and when folks stole her map images in which she designed herself, she would send a Cease and Desist letter and a bill for damages. She won nearly every time.

Maybe you should consider the same.

Gary

 

[DRsharky]

Just add watermark to all your pictures you post. It's easy and most of the programs that are used to adjust pictures have the watermark feature included.

 

[CaptainKidd]

Personally, if they gave you credit for the picture, I'd take the publicity over royalties. Maybe you don't need to add "published author" to your portfolio, but that's what they did for you, like it or not. I'd consider choosing my battles on this one.


Ken

This is the problem. So many companies think that if they provide you with "photo credits", it's OK. Sorry, it's not. As a photographer (non-diving) I deal and have dealt with this a lot. Now-a-days you hear things like... "oh, we can't pay you but your images may be seen by many, very important people!", or "We'll give you credit for the photo." Who cares? Photo credits don't pay bills, and these companies have money they could spend for your hard work. Now, if you're just a guy who's taken some cool pics and wouldn't mind the "credit" then by all means, have at it. However, if you make your living as a photographer, then don't be insulted by such B.S. If they don't comply with your request, contact a copyright lawyer and nail em to the wall. I have friends who've won cases against companies guilty of this exact infringement.

If you take your work seriously, make them take it seriously.

Just my 2 cents...

 

[aue-mike]

The image used had a watermark on it that appears in the photo.

I used the mouse disable with popup notifying reproduction of website material is not authorized.

I could care less about credit - been doing this too long to keep doing it for free. I have no problems sharing images for personal or non-profit use. But not for commercial use. It has taken considerable time, money, and effort to get these images. If they want to use them for commercial purposes, pay me for them. They are in business to make money. So am I when it comes to articles and images I take time and energy to produce. I get lots of inquiries from magazines and advertisers wanting to use my images -- in return for credit only. I respond asking them if they produce their magazine or other material for credit only? Yeah, didn't think so.

I am sending them an invoice for use of the image, since they clearly used it, and its clearly my image (as seen in articles in US, Russian, Dutch, and German magazines). If I don['t get a response, it goes to small claims court for failure to pay. Copyright infringement via federal court is not really a viable option.

Then there are other avenues I can pursue, like notifying their ISP, disuading potential customers due to their less-than-ethical business practices, etc. Hopefully, they will do the right thing and all of this will be unecessary.

Mike

 

[RJP]

If I don['t get a response, it goes to small claims court for failure to pay. Copyright infringement via federal court is not really a viable option.

Small claims court? BS!

Do you have any idea what the cost is to license an original photograph for commercial use? Their magazine is NOT a journalistic endeavor, it is promotional material. They are therefore using your image for commercial purposes.


Licensing fees for commercial use of original artwork can easily run into the tens of thousands of dollars. Beyond that, you cannot now sell or license this image to anyone else who might want "full buyout" of the image. Accordingly, your real damages well exceed the limits of NY small claims court. Not to mention potential for punitive damages. You don't need to go down the copyright infringement path in federal court. This is a civil matter.

Don't send them an invoice. Talk to a lawyer.

 

[mike_s]

. I have no problems sharing images for personal or non-profit use. But not for commercial use.

I kinda figured this was partly the case. can't blame you for that.


They have a rep on Scubaboard, LeisureProBrett. Although I'm not sure if he's the one that makes the decisions on stuff like this, he might be able to provide you some assistance. Drop him a PM.


Too bad they just didn't hot link YOUR site. Then you could have changed the image to something creative.