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Photos used for profit......

Old 10-15-2007, 07:09 AM
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Default Photos used for profit......

I'm in a large named tackle shop and looking at fishing tackle, and see a particular brad of tackle and a nice pic of a fish with the lure hanging out of its mouth on the products cover, after looking again its a photo I took!! However the MFG never asked permission to use my photo ......wonder If I should talk to the tackle MFGr, I never care if someone uses my pic's but not for profit with out my permission.....and I know for a fact its the photo I took..
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Old 10-15-2007, 07:11 AM
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Default Re: Photos used for profit......

Is it you in the picture?
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Old 10-15-2007, 07:12 AM
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How did they get the photo?
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Old 10-15-2007, 07:17 AM
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Default Re: Photos used for profit......

That aint cool. I would have a problem with that also....
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Old 10-15-2007, 07:23 AM
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Default Re: Photos used for profit......

No, I'm not in the pic nor did I give it to him however I do think my fishing partner e-mailed it to him ...kinda like ..hey look what we caught on your %6$3o R@^^!@. But never once did anyone ask me could it be used. There has been a few people who have used photos I've take on webb sites but they asked could they and it wasnt for profit.
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Old 10-15-2007, 07:26 AM
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Default Re: Photos used for profit......

Did your friend give them permission to use the picture stating it was his???
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Old 10-15-2007, 07:29 AM
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Dont know, Im about to find out......
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Old 10-15-2007, 07:32 AM
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Default Re: Photos used for profit......

David, sending you a pm.
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Old 10-15-2007, 07:35 AM
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Default Re: Photos used for profit......

Does not seem on the up and up. I asked how they got it, because I have entered photos in contests before and had to sign off on what was essentially a release giving them the right to use the photo.

Does not seem to be the case here though.
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Old 10-15-2007, 07:39 AM
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Default RE: Photos used for profit......

I think you need to trademark the photo's otherwise they are fair game especially if you e-mail them to someone or post them on a web site. Not completely sure but I think that is true, maybe someone can expand on my limited knowledge.
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Old 10-15-2007, 08:12 AM
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Default RE: Photos used for profit......

I had something similar happen a couple of years ago. My wife took some pictures of a Pro Kat sinking on the the Midnight Lump. A guy e-mailed me wanting the pics so I sent them to him. The next month a friend called me saying he saw a picture of me gaffing tackle bags next to the sinking boat. No big deal except the guy I sent the pics to is a writer for this magazine and took credit for the pics which I thought was cheezy.
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Old 10-15-2007, 08:41 AM
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Default Re: Photos used for profit......

Anything you submit or post usually becomes the property of whomever you submitted it to.

ie.This web board
ie.Anything posted on here becomes the intellectual property of the owner ...IB

conclusion:Not right but not illegal
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Old 10-15-2007, 08:42 AM
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Default Re: Photos used for profit......

always use low-res images and keep your high resolution images proprietary so that you have control. will drost
www.saltwaterphotos.net
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Old 10-15-2007, 09:33 AM
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Default Re: Photos used for profit......

I know better than to cut off the hand that feeds me.......but the photo I'm speaking of is a piece of tackle. The reason for the post is there are Company's who support what I like to do and in return I (we) try our best to work hard at the sport to help support the Company's image and their product however other's take advantage of it. Anyhow Its only fair to those who do support to ask why someone would take a photo without full consent of it's use.

Enough said...topic CLOSED...
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Old 10-15-2007, 10:36 AM
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dodmarlin - 10/15/2007 you need to trademark the photo's otherwise they are fair game especially if you e-mail them to someone or post them on a web site.
Correct. Unless there is a person in the photo, in which case you may still be correct depending on the circumstances.
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Old 10-15-2007, 10:47 AM
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Weekend-Hooker - 10/15/2007 I (we) try our best to work hard at the sport to help support the Company's image and their product however other's take advantage of it. Anyhow Its only fair to those who do support to ask why someone would take a photo without full consent of it's use.
A likely scenario would be that after your friend forwarded your shot on to the manufacturer saying something like "hey, we really love your lures, and btw, look what we caught recently on one." The manufacturer emailed your friend back and said "great photo" or something to that effect, and - "hey, do you mind if we use that shot on our lure package?" It's likely that the manufacturer thought your friend owned the photo?

And your friend, wanting to "help support the company's image" said: "sure."

Just a thought, but if your philosophy is still to support the company's image, why don't you write to the owner of the company and tell him/her that that is your photo they are using on the . . . . . . . lure package And that you use their lures a lot and they can use this letter as their authority to continue to use your photo on the . . . . . lure package, and oh by the way do you think you could sent me a couple (a few?) of those lures as compensation, because I like them so much?
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Old 10-15-2007, 10:50 AM
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Just write to them and thank them for using the photo of a pedophile on their lure package. It will disappear overnight
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Old 10-15-2007, 11:16 AM
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There you go Fire FLY that is excellent
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Old 10-15-2007, 12:28 PM
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Default Re: Photos used for profit......

a trademark or copyright weather real or implied isnt like a drivers license...it just does not exist unless a judge says it does....i know this from experience....and being ripped off.....its a long and very costly road with difficult enforcement even if successful if the other party has more money and wants to fight...................that said ...maybe a friendly letter to them explaining the situation might just result in some free tackle, some dough or even a chance to submit some more shots with the fee agreed on......you already know they like your work
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Old 10-15-2007, 01:01 PM
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Default Re: Photos used for profit......

Some of the above is good, some not so good.

1st off every phopto you take is your property and thus "copyrighted" that being said it becomes a matter of proof.

2nd if you have not registered your photo with the copyright office it is still copyrighted property and it then becomes an issue of damages: you can recover both actual and punitive damges with a registered copyright but with an unregistered or proprietory copyright you can only recover actual damages which are usually difficult to establish.

3rd in the future, assuming you are shooting digitally, mark the photos with a copyright symbol, date, and name. also if you have any type of decent editing program that information including camera ser# can be embedded in the file, (called exif info) if not there are programs out that will do that.

Not a lawyer by any means, just a photographer both pro and amatuer for over 35 years who has been through the process a time or two involving a lot of money on occasion.

Google the subject and there is a wealth of info out there, especially on the high end photo sites, these guys are all boaters, most of us fish and only keep a camera for bragging.
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