Another case of a stolen photo used to make money.....

Wyvern971

Wyvern971

Suspended / Banned
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371
Name
George
Edit My Images
Yes
but in a rather distasteful manner.

http://www.flickr.com/photos/larajade/513641346/

Yeah, that's right. My image is being used for a pornographic movie called 'Body Magic'.
Did they have permission? Did they hell.
This happened a few months back (well, since I found out). Somebody noted me saying this company was using one of my pictures.. actually let me get this straight - a SELF PORTRAIT that I took at the age of FOURTEEN.
I don't know if you can see the descriptions too well but it is qouted as 'Hustlers Highest Rated' and a 'pleasure to watch'. The back of the cover was disgusting.
I looked it up on the internet and found out that Hustler.com was stocking it and a range of other dirty video websites that took pleasure in this.. what I ALSO found was that there was a note on the back
saying 'Everyone associated with this DVD is 18 or over'. 18 or over? yeah right.
I contacted hustler and they gave me the name of the company - TVX Films. After doing some good old fashioned research I found that the company makes new covers for the dvds and that the movie was actually pretty old!
As soon as I'd found out relevant information and I send a long and 'friendly' letter to TVX Films - to my suprise I got an abrupt e-mail back from the owner who claimed that 'his company does NOT steal pictures off the internet and he recieved it from a company they've been in business with for 25 years'.
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Read that this morning, that is a terrible thing to happen. :(
 
Whilst I understand entirely how bad it must be having your images stolen, I have to say that I couldn't help but laugh at what the self portrait has been used for... it probably seems pretty terrible at the time, but personally I think its a great story to have to tell afterwards!
 
I can understand what you mean, but she was 14 at the time, and she's only 17 now. That turns things completely around IMO.
 
She's saying she had a print in her local walmart store but she's based in the UK isn't she? I know Asda is owned by Walmart but they've never been branded Walmart here have they??
 
a SELF PORTRAIT that I took at the age of FOURTEEN.

And posted on the web, It looks erotic, I could`nt gauge the age of the person in the photo on the cover, You can only be annoyed they`ve used the image without your permission, but you`ll be whistling a long time if you expect any sort of compensation! Get over it and take proper measures to protect your images.
 
I read a few comments saying she should contact the FBI and I reckon that's the only way she's likely to get anywhere, even at that I'm not sure how much they can do, except give the bad guys some seriously bad publicity.
 
Images need to be registered in the usa to protect copyright.
 
praxis said:
Images need to be registered in the usa to protect copyright.
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Wrong. Not if she is a citizen of the UK. You do not have to register your images in every country on the planet to protect yourself.

There's nothing in the image that looks erotic. It creates a mood, but it reveals absolutely nothing and is "fashion" in nature. That fact is beside the point, anyway; permission was not granted, so the useage is illegal. Plain and simple.

There really are no methods to really protect your images online. There are ways around everything, and it's not remotely difficult.

If I forgot to set my home burglar alarm, would that make it OK for someone to break in and steal my things? Of course not.
 
I think it's a beautiful capture Lara, and given your age at the time, it's an amazing accomplishment.

You must feel so used!!

I think you are doing the right thing in pursuing the company that stole your image, and wish you the very best of luck.
 
cjnicolai said:
If I forgot to set my home burglar alarm, would that make it OK for someone to break in and steal my things? Of course not.
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If you left your belongings in the street and somebody walked off with them would you be surprised?

If you dont want your images nicked don`t post them on the internet.!
 
praxis said:
If you left your belongings in the street and somebody walked off with them would you be surprised?

If you dont want your images nicked don`t post them on the internet.!
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Not an accurate analogy, there. If I were to leave something in the street with no identification, so nobody knew who it belonged to, I would not be surprised if it was taken.

If, on the other hand, I dropped my wallet in the street, with clear identification as to who it belongs to and how to reach me, and the finder proceeded to keep it anyway and run up my credit cards, I would have every right to be angry.

The images were watermarked with the photographer's copyright. It was photoshopped out. The offender had to intentionally go in and remove her mark, which is a CLEAR indicator that he/she was aware it was illegal. And he/she stole money from this photographer by withholding compensation that should have been afforded her.

Let's not play "blame the victim."
 
dod said:
I know Asda is owned by Walmart but they've never been branded Walmart here have they??
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Their hypermarkets are branded as Asda Wal-Mart, not just an "owned by tag". Though they make the ownership so prominent that it would not surprised me if kids who have only been exposed to them in that form called them Wal-Mart.

praxis said:
Get over it and take proper measures to protect your images.
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Keep them locked in a box and never show them to anyone?

praxis said:
Images need to be registered in the usa to protect copyright.
Click to expand...

No they do not.

US Copyright Office said:
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Officemis required to secure copyright.
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Source: http://www.copyright.gov/circs/circ1.html

praxis said:
If you left your belongings in the street and somebody walked off with them would you be surprised?
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So when I walk past all the grocers with fruit and veg outside the store in the street I can take what I want for free?

Michael.
 
mij said:
Their hypermarkets are branded as Asda Wal-Mart, not just an "owned by tag". Though they make the ownership so prominent that it would not surprised me if kids who have only been exposed to them in that form called them Wal-Mart.
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Ah, okay, didn't realise that, they're just Asda up here :) That's why I thought it was a strange thing to say :)
 
By international copyright law, your images are copyrighted when you push the shutter
release. From a practical point of view, in the United States you must register your
images with the Copyright Office, part of the Library of Congress. Only with registration
can you recover punitive damages (up to $100,000 per infringement) and attorney
fees. Without registration, lawsuits are usually too expensive and a waste of time.
They need to be filed in federal court and the costs can easily run up to $100,000 for
your legal fees. Without registration, no attorney will take your copyright case on contingency.
With registration, the other side’s attorneys know that it is usually in their
client’s best interest to settle out of court with you. These are the reasons why you
absolutely must register your photographs if you are a professional photographer
whose work is published either in print or on a website.



And the question was, would you be surprised? (not the right and wrong of it) and the answer is no, unless you are very naive.
 
Does it surprise me when people steal my images or plagiarize my writings? No, it happens all the time. Does that make it OK? No.

Why difference does it make whether the photographer is surprised or not? It's still dead wrong.

- CJ
 
"......ND ITS NOT LIKE IT’S A HOUSE WHOLE NAME"

Moron!;)
 
CT said:
"......ND ITS NOT LIKE IT’S A HOUSE WHOLE NAME"

Moron!;)
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Whaddya expect from the People's Republic of Texas. LOL.

(And he's apparently saying that it's OK to steal from her because she's not famous???.....)
 
I could fill a book with my thoughts on spelling and the internet!
 
Horrendous thing to happen - it definately doesn't surprise me that a company will stoop so low but the blatant theft of images should definately be punishable - I agree with Steeps comment about the FBI being the way to go, think they are the only ones that'll hit hard rather than just badmouthing.
 
This is a very sad story and I really do feel for you, it can be very frustrating when this kind of thing happens but im afraid it does. I have had images taken off the web and used on other sites etc including the South Africa Police site and usually send them an e-mail explaining that if payment for use of the image is not forwarded to me or the image is not removed then legal action will follow. This works for the most part but this jerk seems like a real sleaze bag and will probably be out of business before any legal proceedings come to the for. As has been mentioned above maybe contact the FBI and shout very loudly about your age and then at least he may well get a visit or at least be put on a watch list.
 
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