Image being used on a website..advice

Baden187

Baden187

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Name
Baden
Edit My Images
Yes
I have read all the threads about what to do/not to do, and have decided I will make contact about my image being used without permission/credit etc.

My intention is to ask for it to be removed, and if they dont, to invoice (although not sure how much as the image has only been up a few days and dont know what use on a blog site would be considered as)

My question is - do I contact the blogger or the website owner?. Minor issue is its a French website, so I doubt a long email correspondance is likely!

Who is responsible? I have screenshots and domain details of the website but I dont know who the blogger is (typical that they probably just registered under a user name with a hotmail account or similar).

Any advice would be great :)

Thanks
 
Is the picture a link to your image or have they copied and hosted it, if the former replace it with something appropriate :D
 
artyman said:
Is the picture a link to your image or have they copied and hosted it, if the former replace it with something appropriate :D
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+1 can think of a few things I would put as the replacement photograph! :)
 
Well thank you for the advise, the image is not linked or credited I can however right click view image at this link which I think has been taken from the img source code.

I have sent an email to the blogger and the web site owners asking for the image to be removed within 24hrs, or further action will be taken starting with an invoice for unauthorised image use.

Once again thank you :)
 
artyman said:
Is the picture a link to your image or have they copied and hosted it, if the former replace it with something appropriate :D
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More than likely they have downloaded it and uploaded it, thats what I find with my stolen images, none as I know of are hot linked,

BTW if they are hot licked you can write an HTaccess file, to prevent it

Or do the latter change the image to something else :D
 
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If it's the buyrafalre blog page, then I'm almost certain it's being hot-linked from your own Flickrstream if you compare the image link you posted earlier with the Medium 500 version in All Sizes - it shares a long string of numbers with what I can see with your settings the way they are now (have you very recently changed some privacy settings?).. in which case you can break the link by resaving the image (doing a non-edit in Picnic) on Flickr which will change the static link, but you can't replace the image displayed on the blog entry. Doing this will also break links to any html or bbcode links/displays you have set yourself to that image.

TBH you're flogging a dead horse to expect anything other than a take-down from a blog.. and you can engineer that by breaking the link via Flickr, which won't alert the blog owner and give them time to save and rehost. Flickr won't help you with this one.

I found two results to an image search for that one shot of yours, although the second was a dynamic Flickr API script pulling a generated stream of images off Flickr. Flickr may respond to this one as API scripts aren't allowed to pull non-CC images and if it's an official API they will take action to have the script amended or removed.
 
For what it's worth, I found one of my images on a blogspot blog, after failing to make contact with the owner I contacted blogspot directly and the image was down within a couple of days (whole page removed, not just the image).
 
Alastair said:
If it's the buyrafalre blog page, then I'm almost certain it's being hot-linked from your own Flickrstream if you compare the image link you posted earlier with the Medium 500 version in All Sizes - it shares a long string of numbers with what I can see with your settings the way they are now (have you very recently changed some privacy settings?).. in which case you can break the link by resaving the image (doing a non-edit in Picnic) on Flickr which will change the static link, but you can't replace the image displayed on the blog entry. Doing this will also break links to any html or bbcode links/displays you have set yourself to that image.

TBH you're flogging a dead horse to expect anything other than a take-down from a blog.. and you can engineer that by breaking the link via Flickr, which won't alert the blog owner and give them time to save and rehost. Flickr won't help you with this one.

I found two results to an image search for that one shot of yours, although the second was a dynamic Flickr API script pulling a generated stream of images off Flickr. Flickr may respond to this one as API scripts aren't allowed to pull non-CC images and if it's an official API they will take action to have the script amended or removed.
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I have recently changed my privacy settings, so I have done the edit in picknic as you suggested. I dont expect them to do anything, but felt better sending an email anyway! Not really sure I really understand the API script, but I will look into this, cheers.
Thanks for the advice, much appreciated.
 
I guess the answer is, if you don't wan't your photo "lifted " then don't put it out on the internet, even in an online photo storage site.

Realspeed
 
realspeed said:
I guess the answer is, if you don't wan't your photo "lifted " then don't put it out on the internet, even in an online photo storage site.

Realspeed
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I agree, but people still shouldn't steal them, seems the way of the world thou I'm afraid!
 
realspeed said:
I guess the answer is, if you don't wan't your photo "lifted " then don't put it out on the internet, even in an online photo storage site.

Realspeed
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Flickr does seem to be the majority source though?
 
Baden187 said:
I have recently changed my privacy settings, so I have done the edit in picknic as you suggested. I dont expect them to do anything, but felt better sending an email anyway! Not really sure I really understand the API script, but I will look into this, cheers.
Thanks for the advice, much appreciated.
Click to expand...

The Picnic edit has done it, now showing an image not available message.
 
As a point of interest, I check some of my most popular or most favourited images using the TinEye reverse image lookup tool. On more than one occasion, it's found an image of mine being hosted / used elsewhere without my permission, so that i could notify the owner, or take action against them:

http://www.tineye.com/

(although recently, it's hit rate seems to be fallignoff a little...)
 
If the image is linked from Flickr then the owner of the website/blog is not doing anything illegal.
 
ziggy©;3863454 said:
If the image is linked from Flickr then the owner of the website/blog is not doing anything illegal.
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Not so.

If the image is posted with an All Rights Reserved Licence, then it makes no difference to the legality of the situation.

Additionally, they will be in breach of Flickr's own Terms of Service for use of their API if it was gleaned from Flickr using that.

From the Flickr API Terms of Service

Flickr said:
1. Licensed Uses and Restrictions.

...

Comply with any requirements or restrictions imposed on usage of the photos by their respective owners. Remember, Flickr doesn't own the images - Flickr users do. Although the Flickr APIs can be used to provide you with access to Flickr user photos, neither Flickr's provision of the Flickr APIs to you nor your use of the Flickr APIs override the photo owners' requirements and restrictions, which may include "all rights reserved" notices (attached to each photo by default when uploaded to Flickr), Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of Flickr photos in compliance with the photo owners' requirements or restrictions. If you use Flickr photos for a commercial purpose, the photos must be marked with a Creative Commons license that allows for such use, unless otherwise agreed upon between you and the owner. You can read more about this here: www.creativecommons.org or www.flickr.com/creativecommons.
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[emphasis added]

e2a: Real world example where the Independent newspaper used an ARR Flickr image.

http://www.flickr.com/photos/petezab/4276745361/

After an initial refusal, The Independent paid up for the use.
 
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ziggy©;3863454 said:
If the image is linked from Flickr then the owner of the website/blog is not doing anything illegal.
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Have you read the Flickr ToS?
 
Musicman said:
Not so.
If the image is posted with an All Rights Reserved Licence, then it makes no difference to the legality of the situation.
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What i meant was if the image is linked from Flickr then yes they are not breaking any laws. If the owner posts the image into flickr with an All Rights Reserved Licence then i think Flickr will not allow linking to the image.

Downloading the image from flickr and re-uploading it somewhere else is not the same as linking it from Flickr.
 
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Iv'e got the same kind of problem.

The photos on the site are thumbnails and when you click on them they link to my Photostream.

Heres a link of the site have a look.

http://www.brauntonhotels.com/pictures.htm

5 of the images here are mine can they do this as when you click the thumbnail it links to my photostream?
 
bellows said:
Iv'e got the same kind of problem.

The photos on the site are thumbnails and when you click on them they link to my Photostream.

Heres a link of the site have a look.

http://www.brauntonhotels.com/pictures.htm

5 of the images here are mine can they do this as when you click the thumbnail it links to my photostream?
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That looks like a commercial site, i would guess that you could send them an invoice based on previous responses.

M.
 
MartynL said:
As a point of interest, I check some of my most popular or most favourited images using the TinEye reverse image lookup tool. On more than one occasion, it's found an image of mine being hosted / used elsewhere without my permission, so that i could notify the owner, or take action against them:

http://www.tineye.com/

(although recently, it's hit rate seems to be fallignoff a little...)
Click to expand...

Tineye is a very good website. Now Google have released their own version I can see Tineye dying a quick death though.
 
ziggy© said:
What i meant was if the image is linked from Flickr then yes they are not breaking any laws. If the owner posts the image into flickr with an All Rights Reserved Licence then i think Flickr will not allow linking to the image.

Downloading the image from flickr and re-uploading it somewhere else is not the same as linking it from Flickr.
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Flick makes no technical changes to the ability to use an image elsewhere based on the licensing terms.

You can embed an ARR photo as easily as a CC one. I've seen it often enough. Indeed, it works every time I post one of my own ARR photos from Flickr here.

The copyright situation is also unchanged whether or not the image is hosted at Flickr or elsewhere. They would still need permission to use an ARR image from Flickr. Failure to obtain it would be a breach of the author's copyright.

Technically even displaying a thumbnail could be a breach of copyright, depending on the use to which it is put.
 
Musicman said:
Flick makes no technical changes to the ability to use an image elsewhere based on the licensing terms.

You can embed an ARR photo as easily as a CC one. I've seen it often enough. Indeed, it works every time I post one of my own ARR photos from Flickr here.

The copyright situation is also unchanged whether or not the image is hosted at Flickr or elsewhere. They would still need permission to use an ARR image from Flickr. Failure to obtain it would be a breach of the author's copyright.

Technically even displaying a thumbnail could be a breach of copyright, depending on the use to which it is put.
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I stand corrected. I thought that the pictures with a more restrictive license could not be linked away from flickr. :thumbs:
 
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mininut said:
That looks like a commercial site, i would guess that you could send them an invoice based on previous responses.

M.
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Only if the owner of the pictures selected a license version on Flickr that prohibits linking the image. Dont forget that the site uses the Flickr API to link to the picture.
 
It seems to me that a lot of people are using Flickr without an understanding of how it works (myself included in some cases)

Please read the T&C carefully. When you see a picture of yours on another site which links directly to your flickr photostream it doesn't necessarily mean that the site owner is in breach of your copyright.

In most cases the thumbnails you see on other sites are provided by Flickr via the Flickr API and users a allowed to link to flickr photostreams. The license that you select for your pictures is very important as that will determine whether the site linking to your photostream is breaking any laws.
 
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ziggy©;3871912 said:
I stand corrected. I thought that the pictures with a more restrictive license could not be linked away from flickr. :thumbs:
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While they don't to that, I could think of a method they could use to prevent other people using your picture, but still allow the owner of the photo to post it elsewhere.

Perhaps I should apply for a US software patent on it :lol:
 
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