stealing pictures in gallery

[tl_ashmore]

Ok, I've got a question. In my picture gallery, I got a message from someone that said they did a portrait of my dog from a picture I had posted. They then told me that they wanted to sell prints of it, and would sell me the original. Is this right? What is your opinion? They said this about more than one of my pictures...

 

[Saje]

No, that's not right. People think that everything on the internet is free for everyone but it's not. There are still copyright laws it's just hard to control on the internet. They don't have any right to do that.

http://www.pitt.edu/~skvarka/education/copyright/

 

[tl_ashmore]

so, what should I do? Apparently, he's already done a portrait?

 

[Saje]

Was it an email or pm?

 

[shredhead (DOG LOVER)]

Tell him no or if you want, tell him you want some of the profit. Than go buy your dogs some treats for being so cute.

I personally don't think this is right. The least he could have done is asked permission or something.

 

[Love4Pits]

I think he should have asked permission first. But I don't know I don't think its right.

 

[Blondie]

Someone once said they used Blondie's picture for a school project and I thought it was cute. But profitting from your pictures without consulting first doesn't sound right to me. Is he part of an organization, association or something? And I wouldn't _buy_ the original, it's your picture they're profitting from, and they think you're going to pay for it?

 

[poodlesmom]

I think whoever it was has a heck of alot of nerve! They should have contacted you first!

 

[doglovertina]

To me this is a bit complicated. If he reproduced your picture, it would be illegal as it belongs to you. But, if he used your picture as "inspiration" for a painting and did not simply take the image and use a program to engineer it into a different image, then I think it might be perfectly legal, but I'm not an expert...

I agree that you should not buy it though as this person doesn't "seem" to be too ethical, since they didn't ask you permission or even your opinion first.

 

[Renee750il]

Let's ask Chaz if there is any infringement - stealing - from the website. That might be the way to go if there is some inherent copyright or ownership there.

Let me think about this one. It smells. There might be a way to realistically threaten legal action.

Don't delete the e-mail, whatever you do.

 

[Saje]

Everything is copywritten even if you don't "apply" for copyright or put the C (I can't find that key) on it.

You took the photos so you own the copyright to them. You can sell them (and the copyright) or you can sell "first right to print" them which means that the first time they are published the copyright reverts back to you.

That's why it's illegal to reprint professional wedding pictures. People still do it of course but it is illegal to do. The photographer owns the rights to all of those images.

Legally, I don't know what you can do. It's tough on the net.

 

[Renee750il]

Well, with the e-mail perhaps we can trace back the ISP number and apply to his provider re: using the provider's services for theft. Sometimes just the threat will do it. He definitely owes Tambra the original! And all prints destroyed or sent to her as well.

 

[Saje]

Yes! What a tricky thing that will be. I can't wait to try.

 

[tl_ashmore]

Here is the message that I got about my pictures along with their e-mail address.....

Hi i have done a picture of your dog as a pup and wondered if you would like to view and possibly buy i also wondered if you would mind me selling prints of it
(email edited out)

 

[tl_ashmore]

Here is the other one.....

hi i have done a picture of your pup and would like to know if i can make print of it also i would be willing to sell you the original (email edited out)

 

[Renee750il]

Okay, we'll have to see what we can find out. I guess he/she didn't send you any links to the image on the net?

I guess you've e-mailed and told him/her you did not give your permission - among other things. . . like mentioning copyright violations.

 

[Debi]

I don't know...sounds like they are asking permission to use for print. As far as painting inspired by your photo....that's too grey of an area. By posting on the net, it has become somewhat 'public'. Pretty much...sounds like they did this portrait (or whatever) and then gave you the option of purchasing....not exactly illegal. (bf is an attorney...without great detail, this is the thought)

 

[tl_ashmore]

I just think that if he is going to be making money off of my pictures, then he could at least GIVE me the original. I mean, he uses MY pictures, and them offers to SELL me one. How stupid....I have tried e-mailing him, but he won't answer...

 

[Renee750il]

The thing that frosts is not so much that someone copied the photo in another medium (imitation being the sincerest form of flattery and all that), but that "offering" (really soliciting) to "let" the author of the photograph buy the original is just - well - incredibly obnoxious and presumptious. You contact the photographer or owner first and ask permission, especially if you intend to profit from their original images.

There really isn't any practical way to pursue them by traditional legal means, and even if it were the costs are prohibitive, but reporting 'thefts' to their carrier can sometimes have an effect, even if only to make life frustrating.

If nothing else, they need to hear that their tactics are resented.

 

[Datyn's Mom]

here it is from an artists point of view, first i would NEVER take anyone pictures with out asking permission FIRST, and second, i would not charge you for the painting of your own dog...if i was to do something like this you would be the first person to get the original, as long as i had your permission to do the painting/sketch, and then i would ask if it was ok to reprint the illustration and you would get the original painting/sketch...


personally i think it is wrong to do, to me its like coping someone elses artwork...and asking permission would be the first hing in order...


this person is just looking to make money by asking you to buy the original, which i think is rediculous!!!

i have done pet portraits, but ofcourse the person is requesting that i do this and is paying me to do so...

this person did not...i see that they want to buy prints from you, heck sell em if ya want, but make sure you get the $$ first and then send the prints to them...

my 2 cents from an artists point of view...