Stolen photo

[kot]

Thanks to tineye I found a match after third try ...
this is my shot


And this is what I found, exactly the same picture signed by a Italian web page
Libero - Community Profilo di cat962
I went to that web page and fount my picture there too
http://www.sfondilandia.it/sfondi.asp?pag=...&order=nome
I looks like there a distributing my picture signed as theirs.
I know that what they did is illegal, but can anything be done about it? Any one had a similar situation and did something? Or should I just write to them and ask to remove the picture?

[thekorn]

The image is hosted at imageshack. I'd attack there.

[Sidebyte]

I think that we will see more and more of image theft on the INTERNET because the thieves rely on your lack of desire, inclination or resources to go after them with earnest.
In the future we will see this often considering that all your images are accessible with little or no effort or requirements to download and steal them. The system has gotten so large it's now unmanageable.

[kot]

Originally Posted by thekorn

The image is hosted at imageshack. I'd attack there.

Actually the image is here ... http://www.sfondilandia.it/1024/Cat03.jpg
someone downloaded it from them and posted it on imageshack ... but I don't think imageshack has anything to do with it ... they don't know and have no way of knowing if the image was stolen and the one how post's it has rights to do so.

[brian.austin]

Originally Posted by kot

Actually the image is here ... http://www.sfondilandia.it/1024/Cat03.jpg
someone downloaded it from them and posted it on imageshack ... but I don't think imageshack has anything to do with it ... they don't know and have no way of knowing if the image was stolen and the one how post's it has rights to do so.

Well, this one is on imageshack: http://img297.imageshack.us/img297/976/cat03ro2.jpg

Do you submit your photos to the US copyright office (I'm assuming you're a US citizen here)?

[kot]

Originally Posted by brian.austin

Well, this one is on imageshack: http://img297.imageshack.us/img297/976/cat03ro2.jpg

Do you submit your photos to the US copyright office (I'm assuming you're a US citizen here)?

The imageshack photo was downloaded from the original host since it has their name on it.

And no, i didn't submit the photo to the US copyright office, should I?
Actually I have no idea what to do. What's why I made this thread, hoping for some help.

[00silvergt]

No, you do not need to submit or register a copyright. You get copyrights automatically for any original work. I think that is International Law. I know it is US law. You don't need to be a US citizen, your immigration status has no bearing whether you can own a copyright or not. You only register your copyright, when you sue for infringement. Talk to a Copyright Attorney and see if it is worth the pursuit. Of course these sobs are in Italy, so it will be tough to get a cease and desist. You can write them a letter in that affect, maybe it will scare them enough to bring it down.

[hotrod4x5]

This really is awful! How did you find it on that site?

[kot]

Originally Posted by hotrod4x5

This really is awful! How did you find it on that site?

There is this new service TinEye and i found the first web page with my photo thanks to that search engine. The photo had the name on it so thats how i got to the other web page The database is still small .. but as you can see big enough, and it's still growing. Give it a try ...

[Krossed]

This is what I got in my email.......................

Thanks for your request!

(my e-mail) is now on our TinEye private beta waiting list. We'll be sending out invites as they become available.

Cheers,
The TinEye Team
TinEye

I will try it too, when they release a spot for me; I had no idea that this service was available. thank you. I hope this works out for you in your favor. Now I know I need to start naming everything.

[Nikonfreak]

And, in addition to all of the above, I'd send them a bill in the mail.

[brian.austin]

Originally Posted by 00silvergt

No, you do not need to submit or register a copyright. You get copyrights automatically for any original work. I think that is International Law. I know it is US law. You don't need to be a US citizen, your immigration status has no bearing whether you can own a copyright or not. You only register your copyright, when you sue for infringement. Talk to a Copyright Attorney and see if it is worth the pursuit. Of course these sobs are in Italy, so it will be tough to get a cease and desist. You can write them a letter in that affect, maybe it will scare them enough to bring it down.

Read up on copyrights before deciding you don't need to submit. U.S. Copyright Office - Frequently Asked Questions

Yes, you automatically have a copyright on the image but if it's not registered, it's your word against his. Registering the copyright gives you more power, as you'll see from the FAQ.

[Lyle A]

Originally Posted by 00silvergt

No, you do not need to submit or register a copyright. You get copyrights automatically for any original work.

How does that work?

[brian.austin]

Originally Posted by Lyle A

How does that work?

From the link I gave above:

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

Is my copyright good in other countries?
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a, International Copyright Relations of the United States.

[seritiku]

Originally Posted by kot

Actually the image is here ... http://www.sfondilandia.it/1024/Cat03.jpg
someone downloaded it from them and posted it on imageshack ... but I don't think imageshack has anything to do with it ... they don't know and have no way of knowing if the image was stolen and the one how post's it has rights to do so.

Watermark the images that you do not want pinched and put the watermark over the subjects eyes as that makes it nigh on impossible to clone the watermark out without ruining the photograph..

Hope this helps...Seri

[00silvergt]

Originally Posted by brian.austin

Read up on copyrights before deciding you don't need to submit. U.S. Copyright Office - Frequently Asked Questions

Yes, you automatically have a copyright on the image but if it's not registered, it's your word against his. Registering the copyright gives you more power, as you'll see from the FAQ.

In a way, you're correct. It costs ~$150 ($500 to expedite) to register your copyright, and you have to register a copyright for every photography you have. However, again, I talked this out with our "expert" copyright attorney here in the firm. (Disclaimer: This is no attempt to offer legal advise or try to represent anyone in a legal manner, you should seek a legal professional for legal matters. I am only giving input as a matter of discussion). She recommends registering it only when you plan to sue someone for infringement, because as you said, litigating against someone without your work being registered can be ground for a summary judgment. However, with that said, it can get costly when you want to register every one of your photographs. You would not need a lawyer to register your copyright, just fill out a form and pay the filing fee of $150 or $500 to expedite for each photograph. So it makes it better to register your copyright when you are planning to sue. Since it may not be economical for most of us to spend $500 for each photo we take. Your copyright is inherit with all original works. Mark it with a copyright watermark and a date if you want to show your date of origination.

[Morgan Starr]

What is a good program to use for marking with a copyright watermark?

[00silvergt]

Photoshop CS3. Doesn't it come with a plugin? There's others as well, ones that batch, the name escapes me, I have it at home. Photomark or something like that.

[brian.austin]

Originally Posted by 00silvergt

In a way, you're correct. It costs ~$150 ($500 to expedite) to register your copyright, and you have to register a copyright for every photography you have. However, again, I talked this out with our "expert" copyright attorney here in the firm. (Disclaimer: This is no attempt to offer legal advise or try to represent anyone in a legal manner, you should seek a legal professional for legal matters. I am only giving input as a matter of discussion). She recommends registering it only when you plan to sue someone for infringement, because as you said, litigating against someone without your work being registered can be ground for a summary judgment. However, with that said, it can get costly when you want to register every one of your photographs. You would not need a lawyer to register your copyright, just fill out a form and pay the filing fee of $150 or $500 to expedite for each photograph. So it makes it better to register your copyright when you are planning to sue. Since it may not be economical for most of us to spend $500 for each photo we take. Your copyright is inherit with all original works. Mark it with a copyright watermark and a date if you want to show your date of origination.

Where are you getting your costs? According to the Copyright Office, it's a $45 fee per application. An application can include one "collection" on a CD-ROM. I know photographers that file once a year, taking all of their final versions, shrinking them to discernable low-res images, and sending them in as a single collection on one CD-ROM.

I don't know anyone who registers their photographs independently or pays THAT much.

And there's no point in expediting since the copyright starts at creation, not registration.

[Morgan Starr]

Originally Posted by 00silvergt

Photoshop CS3. Doesn't it come with a plugin? There's others as well, ones that batch, the name escapes me, I have it at home. Photomark or something like that.

I don't have PS CS3, I have PSE5.0. Maybe I can find a plug-in for it, though, thanks.