# What do you do with a thief like this?



## joemc (Oct 24, 2009)

Because my website was in the exif data two people emailed me and told me that this guy was using my photos as his own?

Yeah... the copyright is registered....But what do you do and how do you handle it?

This is about the 10th time I have had to deal with this crap!!

Thanks Joe

The escape HT approved - WatchGeeks


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## AverageJoe (Oct 24, 2009)

Ask the offender to remove the photos from his/her computer, if he/she fails to comply seek legal advice.


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## Felix0890 (Oct 24, 2009)

Is he making money off the site?  If so, I would sue him for an estimated profit of having the picture up there.  If not, I would write to him saying that if he does not remove with withing a certain period of time (I'd say 24 hours), you will pursue legal action you could ask him/her to give you credit with a link to your website.

That's just me though.  It would tick me off if someone is using one of my pictures for their personal gain.  If it's just for a reference, I'm not as ticked off.  However, if they're saying they took the picture, I'd sue them whether it was for profit or not.  That doesn't fly with me. :x


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## FrankLamont (Oct 24, 2009)

Is that the 'stolen' image, in the forum?

Technically they might be able to use it. You can always shoot them an email.


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## Felix0890 (Oct 24, 2009)

From looking at the image and the post on that forum, it looks like the guy is making it look like it's his.  That's clear copyright infringement right there.  Even if the guy isn't making it look like his, only the artist has the right to display the work.  If I were the OP, I'd sue the guy, even for a low amount, just so that the idiot learns his lesson.  And yes, include attorney fees in there.


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## JayCanon (Oct 24, 2009)

I see that someone replied in that thread pointing out that it's your copyrighted photo.  Now that he/she has been busted, I'm curious what this fool will say in response....if anything.  

In a twisted sort of way I guess it's a compliment - if someone steals something from you, that means you had something worth stealing.  But I would have ZERO tolerance for something like that.  Take him down!


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## FrankLamont (Oct 24, 2009)

It'd be hard to sue.

The guy hasn't made claims to anything. 

An email should easily get him to pull it down -- though I'm wondering how he got it when your SM photos have watermarks.


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## UUilliam (Oct 25, 2009)

how can you guys see it? I need to register...


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## musicaleCA (Oct 25, 2009)

Forget the above and call a lawyer. They're the ones that can give you a definitive answer. If your copyright is registered, in the US, you can sue for punitive damages as well as actual damages (like the money they made off using the photo, or whatever). If the damage to you and the resale of the photo is minimal you're not liable to make a fortune off it. But, regardless, call a lawyer&#8212;one that specializes in copyright law. They'll tell you if it's worth suing or not.


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## PhotoXopher (Oct 25, 2009)

People use other people's images online all the time, he never once said "here is a picture I took of where I'm at", for example.

Just ask him to take it down if it gets your undies in a bunch, to me - if you post your photos online you're just asking for them to be borrowed like this.

People are too damn sue happy these days. I'm not a professional photographer and before I came to photography forums I had no idea how personally some photographers take this stuff - I'd imagine the majority of the rest of the world is the same. These aren't in your face laws most of us have to deal with every day like speed limits, shoplifting, or drunk driving, for example.

I can understand protecting your work, but if you're this worried about it - stop posting it online to begin with or put a huge watermark on it.


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## joemc (Oct 25, 2009)

N0YZE said:


> People use other people's images online all the time, he never once said "here is a picture I took of where I'm at", for example.
> 
> Just ask him to take it down if it gets your undies in a bunch, to me - if you post your photos online you're just asking for them to be borrowed like this.
> 
> People are too damn sue happy these days. I'm not a professional photographer and before I came to photography forums I had no idea how personally some photographers take this stuff - I'd imagine the majority of the rest of the world is the same. There aren't laws most of us live by every day and they aren't in our faces like speed limits, shoplifting, or drunk driving for example.




I agree with you 100%.... This is about the 10th time this has happened to me and it does "get under my skin".  The only time I pushed it further is when someone made $$ off my work.

I have spoken to this guy via PM and he has done the right thing....after the fact

Cheers, Joe


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## PhotoXopher (Oct 25, 2009)

Good to hear Joe!

I see this guy as someone who couldn't capture the beauty of where he was at so he searched the Internet for a photo, and picked yours.


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## joemc (Oct 25, 2009)

N0YZE said:


> Good to hear Joe!
> 
> I see this guy as someone who couldn't capture the beauty of where he was at so he searched the Internet for a photo, and picked yours.




Nah....I think he was never there to begin with.... The first PM back from him was him apologizing for a photo that I didn't even know he stole? I was mad about the Pelican Grand shot...and he apologized for my Top of the Rock shot in NYC....he used both of them!...Who knows how many more????
I think the guy is full of crap!

He knew where he downloaded my shots from!...Why did he not credit me when he posted them?

Cheers, joe


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## KmH (Oct 25, 2009)

Joe,

Help! I&#039;ve Been Infringed! | Photo Attorney


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## UUilliam (Oct 25, 2009)

hm... seems the forum is sticking up for him or just my name they dislike?

I only just signed up today, haven't posted anything
and now I am IP banned from that website :/

May I see what images? thats the only reason i signed up ...


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## Overread (Oct 25, 2009)

UUilliam - IP addresses are not unique, which is often why they are not used to ban someone from a website - since there is always the chance that someone else will end up with the same IP address and thus be banned without reason. If you've said nothing and done nothing then chances are this has happened to you.

As for the case in question I can't comment (Can't see the site) and as for the situation I think you dealt with it hte best way - though you could try to sue I doubt you would get very far. As for the guy could always be the case that hte just googled around and found your site one night and then save the images to his harddrive - thus forgetting wherever he found the images from - unless he hotlinked them from your site


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## UUilliam (Oct 25, 2009)

Overread - It worked for me earlier today.


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## mrodgers (Oct 25, 2009)

You can see the site.  The link in this thread that points to that thread now just goes to a login screen because the thread in question has been deleted.


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## joemc (Oct 26, 2009)

Hey folks thanks for the support and the response!

Here is the latest thread where he clears everything up.

Cheers, and thanks again!

Joe

Clarification-NYC PIC - WatchGeeks


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