Problem solved.. just received this from the Exec. Director:
"The daily designer of our site is no longer employed by the CAVB. I will remove the noted photo and apologize for unintentional use."
carnivorous plants of the world -- unite!
Always an interesting topic for debate. I have run into any number of folks who feel that anything on the Net should be considered/treated as 'public domain'. Others get very adamant that what one creates belongs to oneself not matter in what media/format one chooses to display it.
Unfortunately, it is not easy to protect images published on the Net. One can use large watermarks or other such to make theft too much of a bother (assuming the picture snatcher is one who is concerned enough to wish to remove the obvious evidence of the photo's origin). However, doing so generally detracts from the picture one is trying to share. If one does not use such markers, a simple screen capture and crop is usually sufficient to bypass the other "protective" steps people take. I would imagine that those who are truly tech wizards have at their disposal an entire array of methods for skirting even the more advantanced "safeguards".
Which then brings us to measures like what Paul mentioned. At that point, you have to decide is it financially worth it to you to pay a group like DMCA for their services. (And I freely admit to having no idea with regards to how much such organizations charge for their services.)
Personally, I do not fault sites such as Photobucket for their stated policies as they are simplly trying to cover their glutes.
"Blessed are the cracked….
For they are the ones who let in the light."
Not Growing Up!
Indeed the internet has opened up a can of worms as far as copyright infringement is concerned.
It makes it very easy to get pictures & artwork, and unless you can prove how much someone actually made off your work, there is no point in a lawsuit. Especially if the work wasn't copyrighted (sent in copies, with appropriate forms, etc. NOT just putting "MINE" on it with a C, the date & your name).
That is why it is done so freely now-a-days.
And with the internet, it is now assumed that if things are posted or placed in public exposure, they become open for public use. That is NOT in the best interest of the creator by any means. (More importantly, any information you place on the net, even private information, is slowly being accepted as public knowledge, no longer private!) Everything! What you write, what you buy, where who, when!
(This gets back to the posts where it was discussed about us losing our rights, without our even being aware... but I will stop here on that.)
Anyone who has gotten a bootleg CD, DVD or video game, a nock-off purse, shoes or other items, or even a home made copy of some songs made from some old CD's, is actually partaking in copyright infringement. (As was brought up about using a work for an avatar is included. For how would it be if someone used your picture of your shrooms or one of your CP's as their avatar without mentioning that it was yours? From the look of it, it doesn't feel good to be on the losing/being used/bad side of that no matter what the situation. Lack of permission is lack of respect.)
While such things are a compliment in a way, they are also theft. They show disrespect.
For as much as most of us wouldn't mind the use if the person (thief) would simply ask if they could use it, that seldom happens for instances like this.
I am 100% with Whimgrinder on this. Spot-on!
As an artist, designer, etc., I have also repeatedly endured illegal use of my work, and it never evokes good feelings!
When someone actually respects you & your work however, and works with you & communicates openly, that is a totally different story!
(Thank you Ryan for re-establishing my faith in people!)
You can get them to stop using your work (possibly), but to get any money from them at this point is unlikely. (Especially of they are not making any money off your work, there is no "valuse" to its use & hence there are no damages to reward you with.)
Your best possible solution might be to contact them & tell them that you noticed that they are using your photograph, and that you would appreciate them posting that you are the creator of the piece. With that they are welcome to continue using it. If they give you a hassle, you will then know what kind of people they are, and at that point you could try to get them to stop using it altogether.
It is a difficult place to be, having to hide your works, creations & ideas... but many of us have been there, lest someone take our works as their own. It gets even better when someone takes it & changes it a little, hoping to make it their own! Talk about devious! But then back when I did electro-mechanical product design work, the corporations would do top secret research, which turned out to be nothing more than a room devoted to taking some competitor's product & canibalizing it, and changing what they find just enough, to make it their own (without infringing any copyrights) but still getting it to work... somehow!
Talk about research! Ha!
What a bunch of BS! But then, this is typical! Sad, but typical!
By the way, whatever stolen avatar that was being referred to, perhaps it would be wise to not do unto others, what upsets us when they do it unto us! Can we rightfully make others make notation or stop using our work, if we are not willing to also do the same.
(I am not sure what work/avatar was being spoken of by this, but indeed it is a bit of a double standard.)
They're giving me credit for the photo. We all win..
Lover of Mountains
Glad to hear that mass. Sounds like they had a lazy web fool prior.
I've had photos taken before. I tried watermarking them, but it detracted from the photo, and it didn't stop them, they just crop or edit it out. In all cases, an email stopped them, or at least promted them to give me credit, once they knew they had been caught. I'm switching from photobucket myself, but all my photos are private anyway on photobucket. I do post them some of them directly in forums, with knowledge that that makes them 'stealable'. Flikr seems to have a better TOS agreement in that regard, and I'm using them primarily now for hosting. But it still is possible, it's just a risk of posting anything on the net. Ultimately, I'd like to learn how to to web sites so I could just run my own photo site. I have no clue on such things.
I have a good friend who had a photo stolen off of Flikr, by a professional photographer, who then sold it via their website and out of their gallery in the PNW. This person ignored his email of the infringement, and my friend retained an attorney who sent a 'cease and desist' letter. At that time, the photo came off the website, but he cannot verify if it's being sold in the gallery still. He dropped it after that as he just couldn't justify the legal fees involved to pursue it further without knowing if the thief actually made money off his photo.
By the way, www.tineye.com is a great place to search for your photos online. Post the url of your photo, and it will show you all instances on the web where that photo is posted. I use their FF add on. It's not 100%, but it's fairly reliable.
Good to hear they stepped up to legal responsibilities.
I had this problem last year. Someone used a photo of one of my wearable pieces on their website without my permission or crediting me with the photo OR sculpture that took months to complete. The dude, had his address listed in plain sight. he got a very poignant message in his mailbox the next day, and I got several emails in response begging for forgiveness. I think they guy may have soiled himself.
We learned all about copyright laws in senior seminar. It's a risky world out there for visual artists, but working the situation to your advantage can help get your name out there.