Author Topic: Double Copyright violation on Facebook? (Read 5843 times)

caspixel · « **on:** August 28, 2011, 08:58 »

I created a banner using a stock photo for my profile on Facebook and I noticed someone stole part of the banner (the photo) and is using it on their profile now. They probably think it's okay because it's out there on the internet and everything on the internet is free for the taking, right? Should I report it to FB or the agency I bought the photo from. Or should I just contact the person (though I'm not sure if they speak English). Obviously the person is not profiting from the photo or anything, and maybe I'm oversensitive and should just "get over it because it's a compliment" as other people have told me when I've mentioned other stuff stolen I've seen stolen (

)

What would you do?

My banner: http://www.facebook.com/photo.php?fbid=10150374244242786&set=a.486395962785.271150.509677785&type=1

Their profile: http://www.facebook.com/profile.php?id=100001724972309

Should I just let it go because stuff like this happens on the internet, or should I pursue it? Bought the photo at 123RF.

LesHoward · « **Reply #1 on:** August 28, 2011, 09:34 »

I'm not able to see your banner. I get the FaceBook error message "This content is currently not available".

How do you know the other person did not also purchase the same picture? - perhaps from a different agency.

I would report the possible infraction to 123RF or to the photographer and let them deal with it.

Mantis · « **Reply #2 on:** August 28, 2011, 09:35 »

Hi Caspixel,

This is interesting. Years ago before Microstock someone may have paid $300-$500 for that image from a traditional stock agency. I once paid for a picture I saw in Time Magazine that used my products within the picture. I contacted the photographer and paid $500 for one print. If that same image was stolen (used) by another person and used on their site, you can be we'd go after them to remove it. After all that image cost you, say, $500 and the photographer is also out money and probably has copyright protection. But with the advent of microstock, the image maybe cost you $50 or less for a sub package, and that particular image might have cost you, say, $1.00 and the photographer got .35 cents. It's because of this deflated value of photography that you are questioning whether you should go after this person or not. After all, the image cost you peanuts. But for reasons of principle alone (not to mention what I pointed out above) I would try to have them remove it. Regardless of the cost of the image and the fact that they aren't reselling it, I would at least concoct a nice email explaining yourself and provide a link to that image at 123.

Just my 2 cents. Les also brings up a simple approach that will take this off your plate.

madelaide · « **Reply #3 on:** August 28, 2011, 13:50 »

Quote from: LesHoward on August 28, 2011, 09:34

How do you know the other person did not also purchase the same picture? - perhaps from a different agency.

That's what I was going to ask, given that the image is for sale as 123 and perhaps other agencies.

thesentinel · « **Reply #4 on:** August 28, 2011, 14:01 »

Quote from: madelaide on August 28, 2011, 13:50

Quote from: LesHoward on August 28, 2011, 09:34
How do you know the other person did not also purchase the same picture? - perhaps from a different agency.
That's what I was going to ask, given that the image is for sale as 123 and perhaps other agencies.

The bottom of the y from caspixels text is showing at the top of the other image as is the right hand side black border line.

caspixel · « **Reply #5 on:** August 28, 2011, 15:58 »

Quote from: thesentinel on August 28, 2011, 14:01

Quote from: madelaide on August 28, 2011, 13:50
Quote from: LesHoward on August 28, 2011, 09:34
How do you know the other person did not also purchase the same picture? - perhaps from a different agency.
That's what I was going to ask, given that the image is for sale as 123 and perhaps other agencies.

The bottom of the y from caspixels text is showing at the top of the other image as is the right hand side black border line.

Yes. That.

caspixel · « **Reply #6 on:** August 28, 2011, 16:31 »

Quote from: Mantis on August 28, 2011, 09:35

It's because of this deflated value of photography that you are questioning whether you should go after this person or not. After all, the image cost you peanuts. But for reasons of principle alone (not to mention what I pointed out above) I would try to have them remove it. Regardless of the cost of the image and the fact that they aren't reselling it, I would at least concoct a nice email explaining yourself and provide a link to that image at 123.

Just my 2 cents. Les also brings up a simple approach that will take this off your plate.

It's not so much the low cost of the image, but more the use that I question whether or not it should be pursued. The person is not trying to profit from the image, they are just using it as their profile photo. However, I think that they shouldn't be using the photo unless they pay for it to. I paid for it and have the legal right to use it. They do not. So not only have they stolen my graphic, but they are also stealing from the photographer of the image.

madelaide · « **Reply #7 on:** August 28, 2011, 19:05 »

I think a contact would be nice, put it in very simple English, even if the person does not know English he may try to find out. After a few days, tell FB. I don't know how serious they are enforcing copyrights. Sites don't normally do much, especially in a small infraction.

Microbius · « **Reply #8 on:** August 29, 2011, 02:20 »

I wouldn't bother contacting them. Just report it to the copyright holder with the suggestion they tell FB and the agency. Your complaint wouldn't really have any weight as you aren't the copyright holder for the image. If it was your image I would say complain to FB and the agency directly.
I can't be doing with dealing with the thieves themselves anymore, just go straight to reporting them.

caspixel · « **Reply #9 on:** August 29, 2011, 14:13 »

Quote from: Microbius on August 29, 2011, 02:20

I wouldn't bother contacting them. Just report it to the copyright holder with the suggestion they tell FB and the agency. Your complaint wouldn't really have any weight as you aren't the copyright holder for the image.

Well, they did technically steal my design and then cut the horse out of it. I submitted a report through FB. I doubt anything will even be done about it. No one seems to give a sh*t about online theft anyway.

lacee · « **Reply #10 on:** November 03, 2011, 05:39 »

Is the case solved by now? I'm interested in the outcome and if facebook helped you regarding the copyright violation (they are not very famous for being helpful in these cases)! I would have asked the user first in a friendly way and then also asked facebook for help...
It's sad that so many pictures get stolen these days.