Seraph Nearly Gets Sued. Again. (How Many Times Is This Now?)

[Andara Bledin]

A related story...

The place I work for sells objects on eBay. We had received a lot of a certain type of product as well as a physical standing banner ad for said product, which included a photograph of the product in use (it was an athletic type item). So, when we sold them on eBay, we included a photograph of the physical banner along with the photographs of the item itself.

At some point, the photographer who had taken the picture for the ad tried to sue us for using his photo. Which was funny for two reasons. The first being that the photograph on its own might have belonged to the photographer (unlikely), but as part of the ad for the product, it belonged to the manufacturer, who couldn't care less that we were using it to advertise their product, even if it was a third party sale (we almost always try to sell these types of things back to the manufacturer, which they take up about half of the time to keep the supply chain clean). And second, because we were using a photograph of the banner instead of taking the image from elsewhere, he didn't even have the inkling of a leg to stand on.

The poor guy was really, really insistent that we pay him for using the picture, but his time would have been better spent looking for new work instead of trying to profit off of old work he didn't legitimately own outright.

^-.-^

[lordlundar]

The poor guy was really, really insistent that we pay him for using the picture, but his time would have been better spent looking for new work instead of trying to profit off of old work he didn't legitimately own outright.

^-.-^

Actually the photographer DOES legally own the rights to it unless he sold those rights to the manufacturer. The catch is he should be going after them, not you.

I's bet he tried that, got brushed off or found that he did sign the rights over and tried to extort you.

[Andara Bledin]

He might have owned the rights to his picture, but we weren't using his picture. We weren't even using the manufacturer's ad based around his picture. We were using a picture of a physical product that incorporated the manufacturer's ad based around his picture. He was so far removed from the equation that I fear his lawyer may have laughed at him.

^-.-^

[Syriilord]

Think of all the money you could have made if you used the same tactics on other websites that stole your templates.

Same tactics wouldn't work. Those guys know they've stolen her stuff and will usually ignore her until they get sent a cease and desist....

[Seshat]

Out of curiosity, if a client asked for source information on all the images used (e.g., the locations on a free stock image website) as part of the delivery, how much of a headache would that be?

I can't speak for Seraph, but I'd be happy to provide such information for my work. In fact, a lot of free source material these days requires attribution anyway; so somewhere in whatever I make I'll have a kind of 'bibliography' of sources for anything that isn't specifically my own work.

[Seraph]

Out of curiosity, if a client asked for source information on all the images used (e.g., the locations on a free stock image website) as part of the delivery, how much of a headache would that be?

I actually do that for clients who ask, no problem. Not a huge deal for me, but I'll charge a little bit extra if it a HUGE amount of images I need to list. Because, well, its extra time, and I tell my clients up front that all my images come from legit sources. But, I totally understand wanting to make sure, so I'm willing to do that for them.

However, if they have me purchase images for them, I always, ALWAYS include a list of sources, and how much it cost, the date, etc.

Same tactics wouldn't work. Those guys know they've stolen her stuff and will usually ignore her until they get sent a cease and desist....

Speaking of which....remind me to post my latest story sometime soon. This happened again, with an amusing twist.

[Mr Hero]

Well, since the story is now fresh in your head....

[cinema guy]

Speaking of which....remind me to post my latest story sometime soon. This happened again, with an amusing twist.

*pulls up chair*

[dalesys]

*pulls up chair*

Excuse me, sir, that showing will be in another threadtre.

[PepperElf]

oy, i'm glad you were able to get that one straightened out.

this is why, on the one site i'm working on right now, there's no image that I cannot trace to the following sources: The team's own creations (logo, flyers etc), stock images that came with the template*, my boyfriend's camera, my camera, & my own computer**.

* Although I actually designed a complete site, they had a template-driven service they'd already paid for, so I ended up having to use the template-based site.

** I have an insane love for making "stock" background tiles with Bryce 7 & photoshop combined.

[Shalom]

However, if they have me purchase images for them, I always, ALWAYS include a list of sources, and how much it cost, the date, etc.

If the images are saved in JPEG format, can you include this info in the IPCT tag? That way there would be a permanent record saved with each image file. Most people don't even know these tags exist, so they'd have no reason to meddle with them,, and then if someone tries to aim lawyers at your clients, you have at least some proof of where they came from. (although the Photoshop guy from the other thread would probably put his own tags in, if he's not totally brainless)

[cinema guy]

Excuse me, sir, that showing will be in another threadtre.

*SC entitlement voice* "How rude!"

[Pixilated]

That sounds seriously scary ... Good on you that you could pull yourself out of that! I'll be the client was really embarrassed when his lawyer started laughing.

Just out of curiosity, where do images of book covers fall? I have a couple of erratically-written blogs on which I do book reviews and I include a photo of the book cover with each review -- and yes, I do get them by doing a Google image search. I started this as a class project a couple of years ago so I'm assuming the teacher would've said something if I'd been courting copyright infringement issues ... but you know what they say when you "assume" something ...

[Seraph]

If the images are saved in JPEG format, can you include this info in the IPCT tag?

Yes, but...you're right, nobody really knows/pays attention to that anyways, really... =/

Just out of curiosity, where do images of book covers fall? I have a couple of erratically-written blogs on which I do book reviews and I include a photo of the book cover with each review -- and yes, I do get them by doing a Google image search. I started this as a class project a couple of years ago so I'm assuming the teacher would've said something if I'd been courting copyright infringement issues ... but you know what they say when you "assume" something ...

I believe that would fall under fair use, as you're helping advertise *for* the book.

[AngloSaxonViking]

So when someone claimed that my friend was using an image that they took, I took great enjoyment in sending them my proof that the image in question was taken by my hand and taken on my grandmother's land.

They went from demanding money or they'll sue to begging me not to sue them as I was threatening.

I saw a lawyer say (on another site relating to RIAA misdemeanours) that writing a letter demanding money and threatening legal action is effectively practicing law. In most states, you have to be registered with the State Bar Association and licensed to practice law. it's worth checking whether the person who signs any such letter is registered and licensed - if not they are probably committing a felony. Maybe another way to get them off your back?

Just saying - and I Am Not A Lawyer.