A website is using one of my photographs...

[Earth_First]

without permission.

Photograph was posted to my Flickr or Facebook page sometime following the date of September 12, 2010.

The photograph in particular is the alpine summit photograph on the following page:

http://www.outdoorbound.com/index.php/trips/sub/the_great_range_traverse_trekking_weekend/

I've emailed them regarding either receiving credit for the photograph or that it be removed.

What sort of copywrite options do I have here?

If my Flickr/Facebook page is set to public, it undoubtedly shows up on a Google images query.

What are my options here?

[CC]

1. That sucks.

First read Flickrs TOS. Some storage sites add in that they can sell the images themselves. I have no clue if Flickr does this and can't remember what site tried it. The email is a great first step. Helps to include the date you took it & date you uploaded it. I like this sites ideas http://www.photoradar.com/techniques/technique/how-to-protect-your-pictures-online You can google others. If they won't give you cash or credit and don't take it down use social media to let everyone know they stole it. You might want to think about watermarks. Good luck.

Edit to add this http://thephotoletariat.com/always-watermark-the-photos-you-post-online/

Also I had to start watermarking some of mine because someone tried to print and frame a web sized wedding photo and it looked like crap. Luckily they agreed when they saw a real print.

[elleng]

2. Not a patent/copyright attorney,

but likely none, unless you had indicated restrictions on it; 'public' social media.

[ManiacJoe]

7. Unfortunately, that misconception is far too common.

[elleng]

8. Which misconception? Explain, please.

[ManiacJoe]

9. That photos posted to the internet are public domain.

Where and how photos are posted to the internet makes no difference. Unless specific permission is given to the public by the owner, all usage is subject to restrictions (with few notable exceptions).

Enforcement is a different conversation.

[elleng]

10. From whence cometh the 'restrictions' you mention?

[ManiacJoe]

11. US Copyright law.

It also covers "fair use" and other exceptions.

[elleng]

12. As I said, I'm not a copyright/patent attorney. You?

[ManiacJoe]

13. No, but I can read the law and understand it for the most part.

There are plenty of articles on the internet written by attorneys who are more than happen to explain it to you.
:shrug:

[elleng]

14. I am an attorney; I haven't seen the law.

[ManiacJoe]

16. In that case, if you are having trouble sleeping...

... and are looking for something to put you right out, Title 17 of the US Code. :evilgrin:
http://www.law.cornell.edu/uscode/html/uscode17/usc_sup_01_17.html

[elleng]

17. HaHa! One reason I didn't go into patents/copyright!!!

[Celebration]

15. Here is a good article about it

http://www.nyccounsel.com/blogs-websites/who-owns-photos-and-videos-posted-on-facebook-or-twitter/

The problem with Facebook and Twitter are their terms of service.

Flickr doesn't have such terms, to my knowledge.

But people can't just take photos off the internet for their own use without the photographer's permission. Unfortunately, by using Facebook the photographer is giving permission, according to this article.

[elleng]

18. Thanks

Suspected 'permission' implicit or explicit in some social media.

[HappyCynic]

23. Photobucket appears to have a similar clause

Found this in the Photobucket terms of use:

6.1 Photobucket does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Photobucket Services. By displaying or publishing ("posting") any Content on or through the Photobucket Services, you hereby grant to Photobucket and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the Photobucket Services. Photobucket and/or other Users may copy, print or display publicly available Content outside of the Photobucket Services, including without limitation, via the Site or third party websites or applications (for example, services allowing Users to order prints of Content or t-shirts and similar items containing Content). After you remove your Content from the Photobucket Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the Photobucket Website you change the Content’s privacy setting to "private," we will cease any further distribution of such "private" Content outside the Photobucket Website as soon as practicable. Some of the Photobucket Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Photobucket may place such advertising and promotions on the Photobucket Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

[HappyCynic]

24. Flickr terms of use

Flickr appears to have better terms of service. However, my legal knowledge is on par with my expertise in quantum physics... essentially zero. So, I could be way off. There appears to be a limitation related to the purpose for submitting/posting the content. What this means from a strictly legal standpoint, I'm not sure. But the restriction is there, unlike the terms of use for Facebook, Twitter, and Photobucket.

Here's the relevant section of the Flickr terms of service:

Yahoo! does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Yahoo! the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Yahoo! Group to which such Content was submitted or made available. This licence exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Yahoo! removes such Content from the Service.
With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of the Service other than Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This licence exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Yahoo! removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Yahoo! Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

[WannaJumpMyScooter]

3. and here

http://qc.bougex.com/events/profile/1607

[Celebration]

4. Facebook

Someone here said Facebook is worse than most with copyright issues. If you post your photos there where anyone can see them that could be a big problem. Pretty sure the copyright issues with Flickr are taken care of........but that doesn't mean someone can steal them. Hopefully your alerting the webmaster will do the trick. I am sure you feel violated, ugh. Let us know how it turns out.

[Stevenmarc]

5. ASMP is a good source of information

http://asmp.org/

Go to the legal community section, they have information in how you should deal with your current situation and how to better protect yourself in the future.

In addition, personally I never put any of my "A" work on any site that I have little or no control of ie. Facebook, Flickr even DU. I never tag any work or put any title on a work since that would be the easiest way for someone looking for an image for commercial use is going to find your image. Since I really have a personal dislike for watermarks I tend to keep it at the lowest acceptable resolution possible.

[Earth_First]

6. Thanks got the link...

Ill let yoy know what I come up with...

[Earth_First]

19. Well, I recieved a response...

The CEO/owner of the company personally emailed me and bent over backwards to appologize.

He offered to replace the image or offer to credit the photograph to my name.

I offered to have him keep the photograph with a proper citation.

I don't feel I'm selling my self short here as I am not a professional photographer; I'm just happy to recieve the recognition I suppose...

Thanks for the information, everyone!

[Celebration]

20. Good ending

:thumbsup:
Good thing you weren't a Righthaven.........for his sake :rofl:

Hopefully he will be way more careful in the future, and offer compensation!

[Stevenmarc]

22. Glad to hear it

[alfredo]

25. That's probably the good course. I had the Wesley Clark

campaign contact me to ask permission to use an image. I gave it.

[Blues Heron]

21. That's a beautiful Image EF

I can see why they wanted it. Unfortunately it's all to common for people to treat flickr etc. like a free stock photo service. Glad you got credit where credit was due.