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Airliners.Net Photo Used On NYTimes (illegally?)  
User currently offlineAviationwiz From United States of America, joined Apr 2004, 962 posts, RR: 4
Posted (10 years 6 months 1 week 1 day 21 hours ago) and read 5242 times:

It's here:
http://www.nytimes.com/2004/05/25/politics/trail/25TRAIL-PLANE.html

They give credit to Airliners.Net as you can see, but they cut off the copyright line about who took the photo, would this be illegal?

-aviationwiz
Who's curious now...


Proudly from the Home of the Red Tail.
15 replies: All unread, jump to last
 
User currently offlineDeltaGuy From , joined Dec 1969, posts, RR:
Reply 1, posted (10 years 6 months 1 week 1 day 21 hours ago) and read 5199 times:

Link doesn't work...you have to be a "member"

DeltaGuy


User currently offlineAviationwiz From United States of America, joined Apr 2004, 962 posts, RR: 4
Reply 2, posted (10 years 6 months 1 week 1 day 21 hours ago) and read 5188 times:

Then sign up and look at it, LOL. Someone here must already be a member...


Proudly from the Home of the Red Tail.
User currently offlineF9Widebody From United States of America, joined Sep 2003, 1604 posts, RR: 10
Reply 3, posted (10 years 6 months 1 week 1 day 21 hours ago) and read 5139 times:

They also link directly to the image, showing the Photog's name.

Regards



YES URLS in signature!!!
User currently offlineDazed767 From United States of America, joined May 1999, 5498 posts, RR: 51
Reply 4, posted (10 years 6 months 1 week 1 day 19 hours ago) and read 5094 times:

Still, they need to contact the photographer for useage no matter what (they probably did in this case). Can anyone show which photos they are? I don't feel like signing up and getting more spam.

Justin


User currently offlineCPH-R From Denmark, joined May 2001, 6037 posts, RR: 3
Reply 5, posted (10 years 6 months 1 week 1 day 19 hours ago) and read 5090 times:

Just go to http://www.bugmenot.com - it's a database with passwords for all the major news sites.

User currently offlineDazed767 From United States of America, joined May 1999, 5498 posts, RR: 51
Reply 6, posted (10 years 6 months 1 week 1 day 19 hours ago) and read 5078 times:

It's Adel Caballin shot(s). I emailed him just to make sure.

User currently offlineChrisair From United States of America, joined Sep 2000, 2170 posts, RR: 3
Reply 7, posted (10 years 6 months 1 week 1 day 19 hours ago) and read 5073 times:

That's just the NYT's style. Just the same if an AP or Getty photo is used, they just credit the service, not the individual photographer. i.e. Getty Images or The Associated Press, not xxx / Getty Images or xxx / Associated Press.

If you get a photo used by the NYT, you won't have your name unless you string for them, or if you are a staffer.


User currently offlineAirliner777 From United States of America, joined May 2000, 494 posts, RR: 0
Reply 8, posted (10 years 6 months 1 week 1 day 7 hours ago) and read 4898 times:

Guys, thanks for the heads up here! I was NEVER contacted requesting permision to post this picture at NY-Times. What can I do about this? If you think your reply will be too personal please email me at airliner777@yahoo.com.

Best Regards,

Adel Caballin


User currently offlineOly720man From United Kingdom, joined May 2004, 6840 posts, RR: 11
Reply 9, posted (10 years 6 months 1 week 1 day 7 hours ago) and read 4880 times:

For those not on the NY times, it's this one.

Hope I don't tread on any toes, but given the more than 10600 views I think a lot of people have already found it.


View Large View Medium
Click here for bigger photo!

Photo © Adel Caballin



Typical media. I bet if you reprinted one of their photos you wouldn't be able to move for lawyers.

Andy



wheat and dairy can screw up your brain
User currently offlineJofa From Sweden, joined Apr 2002, 320 posts, RR: 15
Reply 10, posted (10 years 6 months 1 week 1 day 7 hours ago) and read 4871 times:

Document the theft first of all. Then do alot of research before you contact them. If this was in Sweden i should have tried to get compensation for theft of image and usage of image (two diffrent things). There are organisations who deal with photographers and photos, they should be able to guide you when it comes to resonable price (and legal advice). If you play your cards right you might get enough money for a new lens or something.

User currently offlineBigphilnyc From United States of America, joined Jan 2002, 4077 posts, RR: 54
Reply 11, posted (10 years 6 months 1 week 1 day 5 hours ago) and read 4823 times:

The argument forom folks like NYT is "You should be excited that an organization like the Ne York Times used your photo" and shit like that.

My reply to that would be "Yeah, I don't really care for your liberal rag. I think it's garbage and I was embarrassed and humiliated to have had my photo displayed in such a publication."




Phil Derner Jr.
User currently offlineExitRow From , joined Dec 1969, posts, RR:
Reply 12, posted (10 years 6 months 1 week 1 day 5 hours ago) and read 4825 times:

Adel -
Like I mentioned in my e-mail to you. You should:

1.) Immediately register both images. That can be done here: http://www.copyright.gov/register/visual.html It costs you $30 and a stamp but the legal benefits are numerous.

2.) Contact Johan and find out if the NY Times contacted Airliners.net in any way, shape or form. Even if it was a notification e-mail sent to "admin@airliners.net."

3.) Contact the editors at the NY Times at:
executive-editor@nytimes.com
managing-editor@nytimes.com

I find it curious that a publication as large at the NY Times would print this image without photographer consent. There can be a few reasons why they did. I think it would be prudent to find out all angles before pursuing any "legal" action. It may be a misunderstanding.

One thing is clear, however, the copyright violation warnings on this web site did NOT work in this instance.

One clear winner, however, is Johan. Who got his url in the NY Times. Shame they did not, at least, get your name on there as well.

Keep us posted.

william



[Edited 2004-05-26 18:56:44]

User currently offlineAirliner777 From United States of America, joined May 2000, 494 posts, RR: 0
Reply 13, posted (10 years 6 months 1 week 1 day 5 hours ago) and read 4815 times:

William, thank you for your response. I'll be working on this issue for a while now.

Regards,

Adel


User currently offlineExitRow From , joined Dec 1969, posts, RR:
Reply 14, posted (10 years 6 months 1 week 1 day 4 hours ago) and read 4767 times:

From Airliners.net's "Use Photos" page:

You may not use these photos on any web page, commercial or non-commercial, for profit or non-profit, without written permission from the photographer. You may however link to the photos in the manner described below.

Have you found a photo in our database that you would like to use?
To receive permission to use a photo from Airliners.net in any other way than the one described above, you have to contact the photographer (the copyright holder) of the photo. We assure you, it is a very simple process and all of our photographers are very willing to help and most will reply to your inquiries within a day. You can contact our photographers by using the e-mail form linked to beside each photo on Airliners.net.

The digital photos on this site are licensed to Airliners.net. They are equipped with a footer with copyright and license information and also carry an invisible watermark. If you receive permission from the photographer to use a particular photo, you may use a copy from Airliners.net as long as you inform us of the usage as to avoid misunderstandings (we do not appreciate and react strongly when finding our photos on other sites that use them without permission). We do however advice that you get a new copy of the photo directly from the photographer that does not carry our license and watermark.

Finally, we ask that you mention Airliners.net where and when you use photos originally found on our site, whatever agreement you have with the photographer. It doesn't need to be big, just a small mention in whatever way you choose. As you might have realized by now, we do not make any money from selling photos, everything goes directly to the individual photographer. Our only form of "income" is your help in spreading the word about our website. Please respect that.

Would you like to link to our photos from your web page?
If you have a web page (personal or company) and would like to link to certain photos on Airliners.net, you do not have to ask for permission as long as you use the code as described below.


====================================

I think these passages are confusing and adding to the problem. It conveys that in some circumstances it is okay to use Airliners.net images as long as the A.net url is mentioned. I think it is misleading and can cause problems as we've seen with Adel's images.

I strongly request a re-writing. I think encouraging entities to NOT contact the photographer is out of order and compounds the problem. I feel it should be OBLIGATORY to contact the photographer for any sort of usage.

Johan's comments on this would be appreciated as well.

william



User currently offlineAirliner777 From United States of America, joined May 2000, 494 posts, RR: 0
Reply 15, posted (10 years 6 months 1 week 1 day 4 hours ago) and read 4758 times:

I will appreciate a comment from Johan too, since these websites never contacted me for permission.

Adel


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