Found my photo used without permission

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  1. pedro youme 54 months ago | reply

    http://www.flickr.com/photos/sandor21/2895628330/ i've also been concerned that the folks at "sexy drunk artists" might use this photo without my permission

  2. calanan 54 months ago | reply

    Interesting side note: New Flickr images are showing up on the Toyota 4Runner minisite

    www.toyota.com/vehicles/minisite/4Runner/

    But not this version

    www.toyota.com/new4runner/

  3. eugeneb35r 54 months ago | reply

    When I have found my images have been stolen, I sued. I won, it was settled and I collected. Toyota has very deep pockets. If it has been less than 3 months since it was published you need to get it copyright registered. They know better than that. $150,000 statutory damages per image stolen. Go to a Lawyer and get your money! Toyota apologizes does not get it.

    Be smart go straight to a lawyer.

    This is a lesson to all of you, register your images if you are going to stick it up on the web.

  4. Kenneth Koh 54 months ago | reply

    calanan Thanks for giving me a 'heads up' on my photos being used without my permission. Saatchi & Saatchi LA, the ad agency for Toyota, have contacted me and offered an apology and compensation.

  5. /\ltus 54 months ago | reply

    Appreciate the heads up as well...and congrats on at least getting some recognition for a good shot, even if it wasn't posted in the proper manner.

  6. jakerome 54 months ago | reply

    that photo attorney article misses the point on many levels. It's not close to a DMCA violation, which has to do with breaking encryption. And this case has almost nothing to do with the API since the photos were clearly hand selected, not returned as a result of a search. Finally the article is wrong on the API not being to understand the copyright-- that is most certainly built into the API as Flickr makes it very easy to use only Creative Commons photos.

    Ugh.

  7. jakerome 54 months ago | reply

    In other words, I hope that guu isn't your photo attorney.

  8. calanan 54 months ago | reply

    I should retain your services, Jake!

    You should tell her: www.photoattorney.com/?page_id=567

  9. PhotoAttorney 54 months ago | reply

    Note that the Copyright statute explains that, to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner." www.copyright.gov/title17/92chap12.html#1201. There's not a lot of law on the DMCA, but this would be an argument and was used in one of my client's lawsuits that was satisfactorily resolved.

    My article specifically states that: "It’s not known whether Toyota used Flickr’s API in the incident referenced here." But other companies have grabbed photos using Flickr's API and this is a concern for photographers.

  10. jakerome 54 months ago | reply

    It's really a statement on how bad the DMCA is if taking a screenshot of a "protected" image is a DMCA violation. It's basically turned us all into criminals just by using the internet in a manner consistent with how physical media has been used for hundreds of years.

    --
    Seen on your photo stream. (?)

  11. jakerome 54 months ago | reply

    I see Black Shadow Photography is one of your contacts; I know he was heavily involved in the Heineken case I alluded to in my emails. Was that ever resolved?

    Ref: www.flickr.com/groups/central/discuss/72157605910043140

  12. PhotoAttorney 54 months ago | reply

    The DMCA has pros and cons, but it has added some nice teeth to fighting rampant infringements.

    Some photographers received a standardized payment directly from Heineken and others made claims directly against Heineken and its advertising agency.

  13. calanan 54 months ago | reply

    Interesting discussion at photo.net with emphasis on copyright

    photo.net/casual-conversations-forum/00UwQp

  14. aragost 54 months ago | reply

    Should something like this ever happen to any of you... please take the time to consider briefly using the "replace" function on flickr. That might be funny.

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