Website watermarked my image - what to do?

kennysarmy

kennysarmy

Yeah but can your army do this?
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Jeff
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I was alerted that one of my images on flickr is being hosted on another site:

The image is this one: which seems to have gone a bit viral recently - but in the most is linked back to my original on flickr.

It's now appeared here:
http://thechive.com/2011/06/23/what-the-fk-23-photos/wtf-funny-9-5/
with their own watermark on it and no link back...

I can't find anyway to email them but last night filled in the contact form linked here http://thechive.com/contact/ asking for them to remove the watermark and link the image...

Flick states for this image the licence is :Attribution, Noncommercial, No Derivative Works.
This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.

As far as I can tell they have over-stepped the mark.

What more can I do?
 
Send them an invoice for unauthorised use.. I dont know the ins and outs, but are plenty of threads here discussing the best action.
 
This doesn't help answer your question in anyway but my husband showed me your shot a few days ago as he thought it was really cool. I didn't recognise it as being from someone on this site otherwise i'd have said something.

It's a great shot and I hope you get it resolved. The website makes money and can afford to pay if you follow Tom's advice, they have kindly date stamped the thread for you so you know how long to charge them for mis-use. My husband has a Chive t-shirt and i'm sure they'll make money from advertising/ other merchandise.
 
Looking at the site it appears that people can submit their own photo's to the site so someone may have uploaded it to the site as their own. The site may not be responsible for it being there without permission in that case, it would be the person who uploaded it that was responsible.
 
Mark.A said:
Looking at the site it appears that people can submit their own photo's to the site so someone may have uploaded it to the site as their own. The site may not be responsible for it being there without permission in that case, it would be the person who uploaded it that was responsible.
Click to expand...

It says the Author was LEO -
http://thechive.com/about/

So I think it's fair to assume they have stolen the image...
 
Oops, nevermind!

Hope you get your image back :)
 
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Out of interest, how have you found out about this? I have no idea who could be using my images apart from googling my name once in a while.:shrug:
 
Google images - click on the little camera icon in the search field and then paste a URL of your image, off your site, flickr or wherever you have it hosted.
 
wippers, you seen the new google images thing? Go to google images (images.google.com), and in the search bar on the right you'll see a little camera icon. Give it a link to any jpeg you have online and it'll find instances of that same jpeg around the web.
 
Byker28i said:
That image is used all over the place:
http://desmotivaciones.es/343636/Foto-de-perfil

http://espejo-ludico.blogspot.com/2010/07/su-perfil-bueno.html

http://www.elclubdelingenio.com.ar/page/44/

http://creadotecnia.soup.io/tag/ilusiones?since=66644884

http://www.elclubdelingenio.com.ar/category/ilusiones-visuales/page/4/

to name but a few.
Click to expand...

But at least two of them are using the image correctly (non-commercial, attribution, no alterations) according to the license it was uploaded under in flickr.

C
 
Mark.A said:
Looking at the site it appears that people can submit their own photo's to the site so someone may have uploaded it to the site as their own. The site may not be responsible for it being there without permission in that case, it would be the person who uploaded it that was responsible.
Click to expand...

I don't think that is correct. There are several older threads here on TP discussing this area and always it is said (and agreed) that the web site publisher (i.e. owner) is responsible for the site content.

ICBW
 
Slightly off topic but looking at on one of the above sites and I can see why they(or someone) wanted to use it, it's very clever in the way the face is straight on or side on depending on the angle you view it. Very nice shot, here's hoping you get it resolved soon.
 
Squawk said:
wippers, you seen the new google images thing? Go to google images (images.google.com), and in the search bar on the right you'll see a little camera icon. Give it a link to any jpeg you have online and it'll find instances of that same jpeg around the web.
Click to expand...

Cheers for that. Had no idea that was there. :bonk::thumbs:

Gareth
 
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WillNicholls said:
Thanks for the link. I found someone using mine with a web article so only billed £20 as I don't want a huge fuss and it's not proving much of a problem.
Click to expand...

Should charge at least £50 a year, but really you should have stuck a 0 (£200) on the end, and then £50 per annum for continued use

All those using my images are getting substantially more invoices, depending on length of use so far, then normal fees for continued use
 
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Just Dave said:
Should charge at least £50 a year, but really you should have stuck a 0 (£200) on the end, and then £50 per annum for continued use

All those using my images are getting substantially more invoices, depending on length of use so far, then normal fees for continued use
Click to expand...

They "won't accept that I was the original photographer". Even though its splatter over google with my name from the award with bwpa.

What can I do to force them to pay up though?
 
assuming you have the original RAW file you have a lot more proof than them

if however these are the people you billed £20 and they've paid good luck getting any more out of them
 
Where in the link are the details about charging double for unauthorised use?
 
Uneducated_Rick said:
assuming you have the original RAW file you have a lot more proof than them

if however these are the people you billed £20 and they've paid good luck getting any more out of them
Click to expand...

I don't want any more. It's not major I am settled at £20 with credit supplied. They won't pay up so I don't know what I can do. They said they'd removed the image anyway but it's still there.
 
WillNicholls said:
They "won't accept that I was the original photographer". Even though its splatter over google with my name from the award with bwpa.

What can I do to force them to pay up though?
Click to expand...

Yep they'll try that, show them them original file, ask them were they acquired it and send them a invoice as well, oh and a threat of CC, they lose they pay your casts as well, LOL which they will :thumbs:
 
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Bristolian said:
I don't think that is correct. There are several older threads here on TP discussing this area and always it is said (and agreed) that the web site publisher (i.e. owner) is responsible for the site content.

ICBW
Click to expand...

Ultimately yes but the problem is it's impossible for the site owner to know what is and isn't stolen. I own a website that hosts other people's images and it's written into our terms and conditions that you MUST own the images you're uploading, as the owner all I can do is remove images and delete a user's account if it's brought to my attention that they're uploading stolen photos (which I have sadly had to do before).
 
redddraggon said:
I notice this image is still spread over the net without the OP even being credited:

http://likes.com/misc/amazing-photo...4Nzk5MDUsICJwb3N0X2lkIjogMjUxMTQ1NzF9&page=12

and

http://www.thephotoargus.com/inspiration/28-mind-bending-examples-of-optical-illusion-photography/
Click to expand...

Well the Photo Argus does credit him, and the other site gives the Argus as its source, so not as bad as you suggest. OK, so Likes isn't sticking strictly to the licence, but they have at least tried!!! Should be easy enough to resolve with a quick email.
 
This is going to sound like a stupid question but how do I get my image url from Flickr to paste into the google search? There doesn't seem to be a direct url for it any more.

Ian.
 
Open the image in Flickr and it's the address in the URL bar. Or, click on the share button bottom right of the image, and copy the link from under "Grab the link".

No, I was wrong.

Open the image, then right click and choose one of the other sizes. Then right click on the image in the new screen, and copy the link.
 
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