# My images have been stolen- what should I do?



## Snakeguy101 (Feb 9, 2011)

Hello, according to my photobucket account, I have had 18,363 new image views. When I looked into the stats for the images I found that 95% of these views were from a website that I did not give permission to use my images. I was told the website was runryder.com but I cannot find my specific images because it does not specify where they are on that site but it is clear that they have been embedded somewhere on that domain. Should I remove the images from photobucket, try to find a contact for the site administrator, or what?

Thanks.


----------



## RockstarPhotography (Feb 9, 2011)

I would contact an attorney.


----------



## Boomn4x4 (Feb 9, 2011)

They havn't been stolen.... you gave them away. Remember that "Click here to agree to these terms and conditions" button that you clicked "I agree" on when you signed up???? 

6. *Proprietary Rights in Content on Photobucket.*
o *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). 


In other words.... by putting your photos on photobucket, you grant anyone who can find them the right to use them


----------



## Geaux (Feb 9, 2011)

I'd replace it with an image that says DON'T STEAL MY IMAGE ... with an inappropriate picture, same file name


----------



## ~Stella~ (Feb 9, 2011)

I would try to find the image(s) on the site,* take screenshots,* and then decide what you want to do.  

You want them to simply cease and desist?  Call them and tell them.  Another option is to offer to sell/license the image for their use in lieu of legal action - have a price in mind before you contact them of course.  And third, if you want to simply punish them for the theft, then yes, contact an attorney right away.


----------



## Overread (Feb 9, 2011)

Ohh that photobucket TC has changed since I last read it - used to be (as I recall) that it was only photobucket that got the royalty free licence - now its everyone! 

Pro tip - move to flickr where they don't keep such terms and conditions


----------



## ~Stella~ (Feb 9, 2011)

Boomn4x4 said:


> They havn't been stolen.... you gave them away. Remember that "Click here to agree to these terms and conditions" button that you clicked "I agree" on when you signed up????
> 
> 6. *Proprietary Rights in Content on Photobucket.*
> o *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).
> ...



WTF?  That makes me grumpy!


----------



## quiddity (Feb 9, 2011)

If you are going to seriously persue this I would not contact the offending site until getting some legal counsel first.


----------



## Snakeguy101 (Feb 9, 2011)

Boomn4x4 said:


> They havn't been stolen.... you gave them away. Remember that "Click here to agree to these terms and conditions" button that you clicked "I agree" on when you signed up????
> 
> 6. *Proprietary Rights in Content on Photobucket.*
> o *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).
> ...



I thought that only applied with sites affiliated with photobucket.


----------



## Overread (Feb 9, 2011)

Snakeguy101 said:


> I thought that only applied with sites affiliated with photobucket.



That's how it used to read - but this new TC clearly reads that any users of the service (ie anyone) can use the images. I'll bet there are a fair few users there who have not noticed this TC change (because they don't have to tell you about TC changes at all)


----------



## Stradawhovious (Feb 9, 2011)

If it's being viewed through photobucket, it's just linked.

Delete the photo from photobucket.  That should solve it.


----------



## Boomn4x4 (Feb 9, 2011)

Overread said:


> Pro tip - move to flickr where they don't keep such terms and conditions


 
Flikr has similar terms and conditions.

Yahoo's Terms and Conditions. (only pertinant infomation posted)

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE YAHOO! SERVICES:

_With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services other than Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo! Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Yahoo! Services and will terminate at the time you remove or Yahoo! removes such Content from the Yahoo! Services._

_"Publicly accessible" areas of the Yahoo! Services are those areas of the Yahoo! network of properties that are intended by Yahoo! to be available to the general public. By way of example, publicly accessible areas of the Yahoo! Services would include Yahoo! Message Boards and portions of Yahoo! Groups and Flickr that are open to both members and visitors_


----------



## e.rose (Feb 9, 2011)

Stradawhovious said:


> If it's being viewed through photobucket, it's just linked.
> 
> Delete the photo from photobucket.  That should solve it.



My thoughts exactly.


----------



## rickabobaloey (Feb 9, 2011)

To be quite frank, if you're posting the images online on a free photo hosting service, then I'd expect T&C similar to that. If you're paying for the space, that's quite a different story.

I use flickr and post all my photos publicly. None of them are of sufficient quality to warrant me trying to market the photos. In fact if someone did "steal" my photo to use for their website/business etc. I'd actually be flattered.


----------



## Snakeguy101 (Feb 9, 2011)

I actually just started paying for photobucket pro the other day so I could store more images... I think I am going to delete my account with them if this is their terms and conditions though. Thanks for your help.

As a side note, I would give out my images to people who ask but those who do not ask piss me off enough to want to take action. It is just a matter of principal.


----------



## Overread (Feb 9, 2011)

Yahoo! UK Terms Centre

Read point 8 on the list: 
8. PUBLIC CONTENT POSTED TO YAHOO!

    (a) For purposes of the TOS, "publicly accessible areas" of the Services are those accessible by the general public. By way of example, a publicly accessible area of the Services would include public Yahoo! Groups, Yahoo! Answers and Yahoo! Message Boards, but would not include unlisted Yahoo! Groups or private Yahoo! communication services such as Yahoo! Mail or Yahoo! Messenger. You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the Services, and that under no circumstances will Yahoo! be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely.

(b) With respect to Content you elect to post for inclusion in publicly accessible areas of Yahoo! Groups or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Services, you grant Yahoo! a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Services solely for the purpose of displaying, distributing and promoting the specific Yahoo! Group to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Services. This licence exists only for as long as you elect to continue to include such Content on the Services and shall be terminated at the time you delete such Content from the Services.

(c) With respect to all other Content you elect to post to other publicly accessible areas of the Services, you grant Yahoo! the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.




In short - point B deals with the use of images on flickr and only grants the royalty free licence to Yahoo alone in order only to provide the images as agree for under the service provided (ie to host them online for you the owner).


----------



## quiddity (Feb 9, 2011)

that site is an active RC car forum. 

Are you sure it isn't something benign like a kid found one of your images (any hot girlie pics?) to his liking and linked to it and a whole slew of hits ensued?


----------



## v3nom (Feb 9, 2011)

Legally you don't have a leg to stand on as you have agree to the T&C's giving anyone and everyone complete access to do whatever they want with the images you have uploaded. 

So you really have only 2 options..

#1 Leave as it is and think of it as a compliment that someone likes your work so much that he/she has placed a link in another forum/website. 

#2 Delete the images.

I know they are pretty crappy options, sorry.

If you post a link to one of the images that has been 'used' i would be happy to help you track it down.


----------



## Overread (Feb 9, 2011)

quiddity said:


> that site is an active RC car forum.
> 
> Are you sure it isn't something benign like a kid found one of your images (any hot girlie pics?) to his liking and linked to it and a whole slew of hits ensued?



This happens a heck of a lot - its one reason that watermarks (small ones not big ones) with a reference to your website/name are a good idea since when images are (innocently) posted like in the above example, you have a chance for the image to give you some free publicity.

I'm not defending the action, but its a practice that happens all over the internet and most people are totally unaware that there is anything wrong in it at all (in fact I recall one time that advice was you should always copy and host an image yourself before linking so that it would not overburden someone else with their monthly bandwidth usage).


----------



## Snakeguy101 (Feb 9, 2011)

Here is a link to one of them that has been viewed 422 times from the site RunRyder.com. That is the only information I am given from photobucket...

Model planes :: DSC_1162.jpg picture by snakeguy101 - Photobucket


----------



## Snakeguy101 (Feb 9, 2011)

Overread said:


> quiddity said:
> 
> 
> > that site is an active RC car forum.
> ...



I am working on making a logo to use as a watermark but I have not finished it yet. I will get on that sooner than later now.


----------



## e.rose (Feb 9, 2011)

Boomn4x4 said:


> Overread said:
> 
> 
> > Pro tip - move to flickr where they don't keep such terms and conditions
> ...



The difference there is that you're granting *Yahoo Services* that right and only Yahoo Services.  The Photobucket terms state that you're granting "Photobucket and other users" those rights.

And under number 26 it states:



> NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
> 
> Yahoo! respects the intellectual property of others, and we ask our users to do the same. Yahoo! may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Yahoo!'s Copyright Agent the following information:
> 
> ...



So Flickr isn't giving every Tom, Dick and Harry the right to do what they please with the images... They're (Yahoo Services) are just covering their *own* bases... And the TOS that refer to that specifically state over and over again that your content will only be used in relation to the services in which they were submitted.

It would seem that PHOTOBUCKET, however... is allowing everyone in the universe the rights to your images.

And if that's NOT the case, then it's a very poorly worded TOS.

*To the OP:*

Like someone stated.  Take your image down.  If you're getting stats about someone using your image, it's because it's still being hosted through you.  If you take it down, it should go down on their site too.

If you're still concerned about it after that, contact a lawyer who can hash through PB's TOS.


----------



## e.rose (Feb 9, 2011)

Overread said:


> Yahoo! UK Terms Centre
> 
> Read point 8 on the list:
> 8. PUBLIC CONTENT POSTED TO YAHOO!
> ...



Yeah, pretty much.  While I was busy reading, you were busy typing and beat me to it.  :lol


----------



## Bitter Jeweler (Feb 9, 2011)

First, if you are recieving page view statistics, your image is linked to, not stolen.

Second, your images will come up in google searches. Anyone can then link to, or copy the file.

Third, if you put your images publicly on the net, you really are essentially giving up your rights to "ownership". Keep that in mind. Argue against it all you want, but when it comes right down to it...you know it's true.


As far as contacting a lawyer...Really? :lmao:


----------



## quiddity (Feb 9, 2011)

the problem with flickr is that most users who happen to find your image and post it all over gods creation do not know the TOS


----------



## mishele (Feb 9, 2011)

I'm currently trying to contact someone that has one of my pictures from Flickr as his blog cover. I emailed him nicely about his blog and commented that he was using my picture. He does have the picture labeled w/ my name but he cropped it horribly...lol He hasn't replied yet but it has only been a few hours. (oh and the blog is in spanish ) So I can't read it. lol


----------



## ~Stella~ (Feb 9, 2011)

Bitter Jeweler said:


> First, if you are recieving page view statistics, your image is linked to, not stolen.
> 
> Second, your images will come up in google searches. Anyone can then link to, or copy the file.
> 
> ...



Linked to, yes, but being used without license for commercial purposes is still different than someone posting it on a forum saying "I like this picture!" or whatever.  There are penalties for using images you don't own - even if 99% of the internet doesn't care.  I wouldn't contact an attorney* over something like this, but I wouldn't tell someone not to - they have legal rights, even if most folks wouldn't exercise them.










*Technically speaking that would be silly since I am one.


----------



## e.rose (Feb 9, 2011)

mishele said:


> I'm currently trying to contact someone that has one of my pictures from Flickr as his blog cover. I emailed him nicely about his blog and commented that he was using my picture. He does have the picture labeled w/ my name but he cropped it horribly...lol He hasn't replied yet but it has only been a few hours. (oh and the blog is in spanish ) So I can't read it. lol



How'd you find out about that?


----------



## mishele (Feb 9, 2011)

Erose....
go under "You"
click on "popular"
Click on "flickr stats"
Scroll down towards the bottom under "Domain" it will tell you where people are viewing your images from.


----------



## e.rose (Feb 9, 2011)

mishele said:


> Erose....
> go under "You"
> click on "popular"
> Click on "flickr stats"
> Scroll down towards the bottom under "Domain" it will tell you where people are viewing your images from.



I don't see "popular" anywhere?  If I click on you, I see "Site Stats"... is that what you're talking about?

EDIT:

Just kidding.  Wrong "you".  I blame it on the germs overtaking my body right now.


----------



## Overread (Feb 9, 2011)

I never get any interesting domain links - just domains where I've posted the pics already


----------



## e.rose (Feb 9, 2011)

Overread said:


> I never get any interesting domain links - just domains where I've posted the pics already



I always get a bunch of "Unknown source" ones.  I don't know if that's my blog... or... what.


----------



## mishele (Feb 9, 2011)

The one that bothers me, is when someone emails one of my photos. I can't track who it was sent to.

Two days ago one of my photos was linked to here....
Rogers powered by Yahoo!


----------



## Overread (Feb 9, 2011)

e.rose said:


> Overread said:
> 
> 
> > I never get any interesting domain links - just domains where I've posted the pics already
> ...



yeah I get a good few of them somedays - never found out what they were from though - silly flickr!


----------



## Bitter Jeweler (Feb 9, 2011)

mishele said:


> The one that bothers me, is when someone emails one of my photos. I can't track who it was sent to.
> 
> Two days ago one of my photos was linked to here....
> Rogers powered by Yahoo!


 
If it truly bothered you, you would no longer post your images to the intertubes.


----------



## mishele (Feb 9, 2011)

Bitter Jeweler said:


> mishele said:
> 
> 
> > The one that bothers me, is when someone emails one of my photos. I can't track who it was sent to.
> ...



It bothers me but obviously not enough to do something liked that. I don't take myself that seriously at this point, so it happens and that is the way it is......


----------



## KmH (Feb 9, 2011)

Unless your photos are registered with the US copyright office there is not a whole lot you can do if someone steals one of your photos and uses it without your permission.

There is the concept of 'fair use': U.S. Copyright Office - Fair Use and there is the Digital Millennium Copyright Act (DMCA) Using the DMCA Takedown Notice to Battle Copyright Infringement to also consider.

A way to locate unauthorized use of your online photos is 0 results - TinEye


----------



## Bitter Jeweler (Feb 9, 2011)

mishele said:


> Bitter Jeweler said:
> 
> 
> > mishele said:
> ...


 
And that's how you have to think of it.
One of my most linked to images:

Second image on a Yahoo Image Search

One way to help stay hidden is to not title or tag your images.


----------



## Overread (Feb 9, 2011)

True - me being lazy and mostly not tagging anything probably keeps me under the radar


----------



## mishele (Feb 9, 2011)

Bah....lol What fun would that be.:greenpbl:


----------



## Snakeguy101 (Feb 9, 2011)

KmH said:


> Unless your photos are registered with the US copyright office there is not a whole lot you can do if someone steals one of your photos and uses it without your permission.
> 
> There is the concept of 'fair use': U.S. Copyright Office - Fair Use and there is the Digital Millennium Copyright Act (DMCA) Using the DMCA Takedown Notice to Battle Copyright Infringement to also consider.
> 
> A way to locate unauthorized use of your online photos is 0 results - TinEye



That only says that "you wont be eligible for statutory damages" but you do not have to register your images for them to be copyrighted. Everything from your facebook profile picture to those images taken on your phone and sent to your girlfriend is copyrighted. I was never looking for a monetary settlement I was just wondering how I should go about preventing images from being used without my permission.


----------



## e.rose (Feb 9, 2011)

Overread said:


> True - me being lazy and mostly not tagging anything probably keeps me under the radar



Me too... until I got Lightroom.

I actually tag in Lightroom for my own organization... except that bites me in the ass because sometimes I'll forget to DE-TAG the photo after uploading them to Flickr. :er:

Is there a way to keep Flickr from importing tags w/o killing the EXIF data?


----------



## KmH (Feb 9, 2011)

Snakeguy101 said:


> KmH said:
> 
> 
> > Unless your photos are registered with the US copyright office there is not a whole lot you can do if someone steals one of your photos and uses it without your permission.
> ...


No, it says a lot more than that.
Without registration, _you have no way to enforce your copyright_. 

When you register, you get a numbered registration certificate. So when you send a C&D (Cease and Desist) or a DMCA takedown notice and include the registration number of your copyright, people take more notice and are much more likely to comply.

On the other hand if you send them an email/C&D/DMCA asking them to remove your photo that doesn't include a copyright registration number.....

The only sure way of "preventing images from being used without my permission" - is to not put them online.


----------



## inaka (Feb 9, 2011)

e.rose said:


> Is there a way to keep Flickr from importing tags w/o killing the EXIF data?



Can't you just set the permissions of Flickr to not show EXIF data?

Your Account > Privacy & Permissions > Hide your EXIF data [?]	 YES


----------



## e.rose (Feb 9, 2011)

inaka said:


> e.rose said:
> 
> 
> > Is there a way to keep Flickr from importing tags w/o killing the EXIF data?
> ...



No, I *want* the EXIF data to show... just not the tags.  

I mean, I delete them myself... but I'm lazy, so if there's an easier way to just keep the tags from importing, that would be FANTASTIC! :lmao:


----------



## inaka (Feb 9, 2011)

e.rose said:


> inaka said:
> 
> 
> > e.rose said:
> ...


ahhh I hear ya.

Well, if you add tags for your own organizational needs, then just do it after uploading to Flickr in your work flow. That outta work. 

Cheers.


----------



## vtf (Feb 9, 2011)

mishele said:


> I'm currently trying to contact someone that has one of my pictures from Flickr as his blog cover. I emailed him nicely about his blog and commented that he was using my picture. He does have the picture labeled w/ my name but he cropped it horribly...lol He hasn't replied yet but it has only been a few hours. (oh and the blog is in spanish ) So I can't read it. lol


 
Theres a google translator you can use to translate phrases and such.


----------



## mishele (Feb 10, 2011)

Yeah I tried to use it and it still didn't make sense....lol


----------



## JeffieLove (Feb 10, 2011)

what's the blog? I might be able to help a little with translating...


----------



## Patrice (Feb 10, 2011)

I have to agree with Bitter. 

If you don't want anybody using your image without your permission then don't post it.
Simple concept.
If you put anything online anywhere then don't dry when someone grabs it. It's the nature of the beast.


----------

