Pirates bastards

[Chucaro]

I found today that one local real estate is using one of my images without my approval :mad:
I will explore what I can do about it providing that a solicitor do not cost me an arm and a leg
The link is HERE (http://www.realestate.com.au/property-residential+land-qld-moore+park+beach-2788415)

[weeds]

sunrise/sunsun pic?

[Chucaro]

Yes, the one with the tree. They also cropped the copyright notice form the pic.
I just wonder what I have to do, if send them a bill payable within 7 days or ask a solicitor to act in my behalf.
I am selling these images (one only printed) for $145.00 ea but this fellow is using it for a commercial gain :mad:

[Ferret]

Out of interest, is your pic even from the area being promoted by this real estate guy.

[KarlB]

I don't know your financial situation Arthur but you may qualify for legal aid (see http://www.legalaid.qld.gov.au/Pages/Home.aspx (http://www.legalaid.qld.gov.au/Pages/Home.aspx)). They have an office in Bundaberg. If you need to pay a solicitor then the value may be broader than this one abuse of your copyright. You could get a model letter for future use and also gain a better understand of just what your 'rights' are. You need to know just what you want as an outcome before you move in any direction. You may be able to do a deal with the agents to put your images up in their office as free advertising for your 'business'. You may get them to hire your services as a photographer. There are lots of possibilities. Just a visit to the agency and a demand to speak to Bill Hazelwood, the Director, may achieve what you want. Be strong Arthur. You have many friends on the forum who may be able to help.

Cheers
KarlB
:mad:

[austastar]

Hi,
I can't make out whether it is on their website or deep linked to yours.

Change YOUR image on your web site to some thing different, but leave the name and its location EXACTLY the same.

You could use an image that is just text and have the text read "This is a really shonky real estate agent, they use other peoples images illegally"

cheers

[austastar]

Hi,
this link goes straight to that photo, and it is your image on their site by the looks of it.

http://images2.au.reastatic.net/800x600/props/2788415/ImageD/20100830162530.jpg

go get 'em.

cheers

[isuzurover]

Get a bunch of screen captures of their website - showing your pic - with the date etc...

There are a few lawyers on here who may be willing to offer informal advice.

Since they removed the bit that said (c) your name, I imagine lawyers would have fun with that - as they can't claim they didn't know.

[Chucaro]

Out of interest, is your pic even from the area being promoted by this real estate guy.

Yes, it is from the beach 200 yards from home.

[Chucaro]

Thank you guys for all the comments and concern. I appreciate.it.

The image on the site of the offender does not longer have a metadata I believe that he/she downloaded it from another real estate that have my authorization to use it.

There is good information HERE (http://www.ag.gov.au/agd/WWW/rwpattach.nsf/VAP/%28CFD7369FCAE9B8F32F341DBE097801FF%29~Copyright+L aw+in+Australia+-+A+Short+Guide+-+June+2005.pdf/$file/Copyright+Law+in+Australia+-+A+Short+Guide+-+June+2005.pdf) about the copyright law in Australia. Pages 5,6 and 7 are very relevant to my case.

I would look for a solicitor who can give me the first consultation free to evaluate my chances of having a compensation for this breach.

A few minutes ago i was talking with the manager of a real estate here in Bundy who told me that they have been advised that all the photos in the web are of public domain :eek:
That show you how ignorant about the law some people can be.

You cannot post in a forum an image that it is not your without authorization by the owner. The only way to do it legally is by posting the location address where the image is. If it is not do it so, the poster is in breach of the copyright act.

[VladTepes]

You could put it down to an honest mistake IF they hadn't cropped the copyright from the photo.
hving done that they are showing they know the aeinfriging it by "stealing" it and not acknowledging and, in this case, paying.

[Chucaro]

You could put it down to an honest mistake IF they hadn't cropped the copyright from the photo.
hving done that they are showing they know the aeinfriging it by "stealing" it and not acknowledging and, in this case, paying.

Vlad, there is not such thing as a honest mistake, if he is not the author of theimage or do not have written permission, it is stealing!

All the work under Australian Law have copyright regardless if it have the symbol or not.

[Lotz-A-Landies]

Go get'em tiger! :bat:

[duncanw]

Yeah your absolutely right, if you took the photo it's your copyright, symbol or no symbol. I would send them a large bill for commercial work and back date it to whenever they started using the image.

There seems to be a growing trend with people assuming that if it's on the web then it's fair game. Usually they blame it on the web design company who told them that it's ok and they have done it before... Ask them how they would like it if you started selling prints of the photos they take when they are presenting realestate on the web.

[p38arover]

A few years ago I found a bloke was using my photos from my website to illustrate his adverts for stuff he was selling.

When I complained to him, he couldn't care less - yet he was a commercial photographer with copyright on all his web site images.

[werdan]

A few minutes ago i was talking with the manager of a real estate here in Bundy who told me that they have been advised that all the photos in the web are of public domain :eek:

So does he believe that any real estate without a fence is public property as well?

[Cap]

I fear that the legal route would be costly, even if compensation was paid. I recon I would have a stern talking to them, then say that they can use the photos (with Copyright symbol and name) for a fee. You never know, you may get more money this way if you can sell to different RE's that will promote you as a photographer ;)

Of course, if they arent willing to negotiate and still want to use the photos then I would continue seeking legal advice.

[Chucaro]

Today 11am I visited their office and ask one of the senior sales people to ask the manager to contact me on the mobile.
By 5.30 pm nothing happens even if I have asked them to remove the image from the web.

I will give them till tomorrow 11 am and if I do not have any reponce then I will take it further by sending an invoice or see a lawyer to write a letter for me.
My Spanglish it is not the best for that :(

[abaddonxi]

Arthur, contact the Arts Law Centre of Australia. Membership is reasonable and they are set up to advise and resolve just this kind of problem.

Arts Law Centre of Australia Online (http://www.artslaw.com.au/)

[big guy]

In my early days of photography and way before digital and internet, I often send my prints out to mags or papers hoping to get published as my retainer from the News and Australian Sail in those days was not enough.
I sometimes found my images published and I got nothing.
By the time I wrote letters and made phone calls or send pager messages weeks went by.

I went to see a lawyer and he gave me a book.
"Don't sweat the little things in Life"
I still have it and what I am trying to say, give them a chance to make it up to you.
I am pretty sure that you don't need the aggression and in fact he is paid you the biggest compliment already. He used your image.

In legal battles only the lawyers win.
Trust me on that one.

[Chucaro]

Arthur, contact the Arts Law Centre of Australia. Membership is reasonable and they are set up to advise and resolve just this kind of problem.

Arts Law Centre of Australia Online (http://www.artslaw.com.au/)

Thank you, I sent a form to the Australian Copyright Council (http://www.copyright.org.au/) asking for assistance in how I can seek compensation.

[Chucaro]

In my early days of photography and way before digital and internet, I often send my prints out to mags or papers hoping to get published as my retainer from the News and Australian Sail in those days was not enough.
I sometimes found my images published and I got nothing.
By the time I wrote letters and made phone calls or send pager messages weeks went by.

I went to see a lawyer and he gave me a book.
"Don't sweat the little things in Life"
I still have it and what I am trying to say, give them a chance to make it up to you.
I am pretty sure that you don't need the aggression and in fact he is paid you the biggest compliment already. He used your image.

In legal battles only the lawyers win.
Trust me on that one.

Thank you for your input, I appreciate it. Unfortunately I can not go with a "bag of compliments to Nikon to exchange for new gear and the supermarket do like the idea as well.
I am humble and proud of the compliments that i had received in international photography forums but I do not like to have them by people that are using the work of others for their benefit.
Regarding litigation, I know what you said, my last one took 3 years of great
stress, but my name is clear :)

Having say that, I am a cool head in this cases and will look very careful my steps.

[DeanoH]

...........................My Spanglish it is not the best for that :(

Tell him you're a Basque, ignorant bastard wouldn't know the difference and explain how you deal with thieves in 'the old country'. Turn your liability into an asset. If all else fails knee-cap the bastard.

Deano :)

[300+]

There may be better approaches.

First make contact as you have done and explain your fee structure. If that doesn't work contact the seller of the house and advice them that they will be named on a suit against the real estate agent for breach of copyright.

Then contact REIQ and advice them on the ethics of one of their agents.

The last two don't need to happen, but in step one make sure he thinks you are crazy enough to try.

Steve

[Chucaro]

Problem resolved in a positive way.
It is good to defend your own rights, I feel good. :)

[p38arover]

Good to hear, Arthur.

Ron

[isuzurover]

Problem resolved in a positive way.
It is good to defend your own rights, I feel good. :)

Good to hear!

[KarlB]

Thanks for letting us no Arthur. Glad it worked out in a positive way for you.

Cheers
KarlB
:)

[Cap]

Great to hear! Does that mean I can borrow a large some of money, or do you only have knee caps as part of your claims? :p

[Chucaro]

Great to hear! Does that mean I can borrow a large some of money, or do you only have knee caps as part of your claims? :p

He apologized and we arrived to an agreement.

Also I sent an email with my concern and complain to realestate.com.au which also are legally responsible because they own the site.

If my action will help to protect the rights of other photographers I am very happy as well.

[vnx205]

Glad to hear that you worked things out that way.

I sometimes worry about some of the advice that is given here. It often seems like using a sledge hammer to crack a walnut.

I'm not going to read back through all the post in this thread to see if anyone was guilty of that this time.

I can't see that anything is lost by what I assume was a mature, sensible but probably determined approach which on this occasion seems to have led to a satisfactory solution. A lot of things can be settled by sensible negotiation.

if that hadn't worked, you still had the option of later using the heavy handed approach which, if it had been your first move might have make him dig his toes in, even though he was in the wrong.

[Chucaro]

The guys just have a sense of humor :D
I will never use physical force in a case like this. Inviting that offender to have a cup of good coffee served with a powerful laxative AKA purgatives or aperients (the ones for horses will be better) is a much better and delicate way to demonstrate the feelings about the issue :D

[Bigbjorn]

The guys just have a sense of humor :D
I will never use physical force in a case like this. Inviting that offender to have a cup of good coffee served with a powerful laxative AKA purgatives or aperients (the ones for horses will be better) is a much better and delicate way to demonstrate the feelings about the issue :D

Phenolphthalein is good. Tastless and colourless. Great for the tea urn and it is the most powerful laxative known to man. Second step is to use a screwdriver to close the toilet cubicle locks to "engaged" with a screwdriver from the outside.

[vnx205]

The guys just have a sense of humor :D
I will never use physical force in a case like this. Inviting that offender to have a cup of good coffee served with a powerful laxative AKA purgatives or aperients (the ones for horses will be better) is a much better and delicate way to demonstrate the feelings about the issue :D

I usually have a bit of a chuckle at ones like that because I can pick them as a joke.

It's the ones that might be serious that worry me, like the ones that suggest rushing straight into litigation without even considering negotiation.

[Chucaro]

Phenolphthalein is good. Tastless and colourless. Great for the tea urn and it is the most powerful laxative known to man. Second step is to use a screwdriver to close the toilet cubicle locks to "engaged" with a screwdriver from the outside.

The only problem with the technique is that all the efforts can go down the drain :D

[dmdigital]

Glad you got it sorted out relatively quickly Arthur. I think those of us making something from photography all live in dread of the day we open a page on the web and exclaim: "How did that get there? That's my picture!"

[Chucaro]

Glad you got it sorted out relatively quickly Arthur. I think those of us making something from photography all live in dread of the day we open a page on the web and exclaim: "How did that get there? That's my picture!"

That happens every day, people post images belong to other photographers to make a comment about and issue. The do not worry me much, the problem is when they are using images not belong to them for a financial gain.

I do not have any problem if my images are downloaded by students or educational organizations to use them for that purpose.
The only possible problem is if one of my images was sold as a exclusive use to a client and then it is in a site on the web posted by others.
For that reason I prefer if people ask me before they use it.