Scubaboard copyright violation!

[jlyle]

Scubaboard is using one of my images without permission. Repeated emails have been ignored. This is not acceptable.

The image is part of a header for "dive into Cozumel." It shows my wife next to the sunken pyramid in front of Hotel Cozumel.

If scubaboard will send me a billing address, I will send them an invoice.

James Lyle

 

[jlyle]

SB is using one of my images without permission or payment. I've sent a couple of messages to the board but am being ignored. The pirated image is the one on the right:

 

[jlyle]

 

[cicopo]

Where did they get the image? Did you upload it to a Scubaboard web site or another on line site. When you upload to many sites you give up your rights to full ownership, so depending on where it's on line & what the fine print is you may be out of luck as far as any say in how it's used. This type of policy is exactly the one that made me decide not to uploar to sites I once did.

 

[Tunaman68]

Unless I worked for a magazine or other publication as a photographer, I'd personally be honored to have them use a cool shot like that!!!! But if you feel that the image could/should be generating income for you, I guess you have a point.

 

[HowardE]

Where is the alleged copyright infringement, and where is the copyright of the material that is allegedly copyrighted?


Are you referring to this photo that is on the internet?

I don't see anywhere on this particular website that is linked to your profile that shows a copyright notice of any kind.

Nor do I see on this particular image any type of notice of ownership or copyright.

Also - I see a resemblance to the image you claim to have ownership of, but I can't tell for sure if the image that you're accusing scubaboard of infringing upon your uncopyrighted material is actually the same image. Perhaps it will take some further investigation, and contacting of the parties involved with making the banner ad that is appearing on this website (scubaboard) but isn't necessarily created by scubaboard, or endorsed by scubaboard.

We'll get right on this though...

 

[Mossman]

Unless I worked for a magazine or other publication as a photographer, I'd personally be honored to have them use a cool shot like that!!!! But if you feel that the image could/should be generating income for you, I guess you have a point.

It's not about generating income in most cases, it's about simple courtesy. Obviously jlyle wasn't asked for his permission to use the shot and apparently he wasn't even given credit for the shot. Worse, someone else may be profiting from his work, since the shot is being used in an advertising campaign which may or may not generate profits for Scubaboard, its principals, the travel agency organizing the trip, and the hotel and dive op and any other provider connected to this large, therefore potentially lucrative, group trip.

Copyright law provides for statutory damages in lieu of actual damages. Even when the infringement is completely inadvertent, the minimum statutory damages award is $200. In a case where the infringed party has notified the infringer, it would be harder to demonstrate that infringement was inadvertent. In such cases, the statutory damages awards rise, and can be as high as $30,000 or even $150,000 if a court find the infringement willful, plus the court can award attorneys' fees to the prevailing party.

If someone stole my photo and used it in an ad campaign, I'd be both honored and pissed off at the same time. There's no reason why you can't have it both ways.

 

[jlyle]

"We'll get right on this though..."

Good, I'm glad I finally got your attention.

 

[diversteve]

I've sent a couple of messages to the board but am being ignored.

You posted this thread in Site Support: http://www.scubaboard.com/forums/site-support/384188-scubaboard-copyright-violation.html
at 10:24AM this morning. The most senior volunteer member of this forum responded at 11:34AM this morning.

Personally I don't see that as being ignored - actually it's probably one of our better response times...

but that's just me...

 

[jlyle]

I seem to have gotten someone's attention on SB - they are "looking into it."

The image resides on my server as part of a trip report. It was not uploaded to SB or any other hosting sites.

Just because a picture is on the web doesn't make it OK for someone to use it. It is protected by copyright law. What burns me is that I was never contacted regarding its use nor was I given any credit. Further, when I contacted SB I was ignored - hence the posting here.