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CNN And A Airliners Picture.  
User currently offlinePaulinbna From United States of America, joined Feb 2003, 1114 posts, RR: 5
Posted (9 years 1 week 6 days 6 hours ago) and read 2735 times:
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http://www.cnn.com/2005/WORLD/americ...8/18/venezuela.crash.ap/index.html

and this picture are the same one, look at the two people under the wing.


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Click here for bigger photo!

Photo © Andrés Dallimonti Restrepo



I emailed the photogrpher directly but have not gotten a reply, I know in the past that AP has stolen pictures.

Paul


Canon 50D user; 100-400 MM L IS 10-22 MM, 60MM Macro
13 replies: All unread, jump to last
 
User currently offlineBruce From United States of America, joined May 1999, 5052 posts, RR: 15
Reply 1, posted (9 years 1 week 6 days 6 hours ago) and read 2711 times:

Oh that picture is SO stolen...

I don't know if Andres reads the forum but he needs to send 'em a bill ASAP.

unless maybe he already did that and gave them permission...

bruce

[Edited 2005-08-18 20:30:51]

[Edited 2005-08-18 20:31:09]


Bruce Leibowitz - Jackson, MS (KJAN) - Canon 50D/100-400L IS lens
User currently offlineChrisH From Sweden, joined Jul 2004, 1136 posts, RR: 16
Reply 2, posted (9 years 1 week 6 days 5 hours ago) and read 2680 times:

It says AP Photo on the side, and another photog asked here just a few days ago what to charge AP/Reuters for a sale of a photo... so I reckon its legit...


what seems to be the officer, problem?
User currently offlineBigPhilNYC From United States of America, joined Jan 2002, 4076 posts, RR: 54
Reply 3, posted (9 years 1 week 6 days 5 hours ago) and read 2676 times:

I think there is a good chance of the photographer having given persmission to Associated Press, since that's the photo credit on the side of the pic and I kinda trust them.

Let us know what the photographer replies to you with.

-Phil



Phil Derner Jr.
User currently offlineAlberto Riva From United States of America, joined May 2002, 124 posts, RR: 0
Reply 4, posted (9 years 1 week 5 days 21 hours ago) and read 2545 times:

I worked at CNN.com a few years (I do not now) and I can assure you we didn't steal pictures. We got them from the AP and Reuters image servers and credited them properly, as they did with the one discussed here which they evidently found on the Associated Press server. Newsroom policy was pretty strict in this regard. Whether the agency has or has not made the necessary arrangements with the photographer is strictly their problem, not CNN's. But the AP stealing pictures, or Reuters or any international news agency, would surprise me -- they don't do that, period. My guess is Andrés sold it to the AP.

User currently offlinePaulinbna From United States of America, joined Feb 2003, 1114 posts, RR: 5
Reply 5, posted (9 years 1 week 5 days 19 hours ago) and read 2501 times:
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Don't be so fast to say that AP doesnot steal pictures period.

The guy that took the picture, emailed me and said no one asked to use the picture.



Canon 50D user; 100-400 MM L IS 10-22 MM, 60MM Macro
User currently offlineAlberto Riva From United States of America, joined May 2002, 124 posts, RR: 0
Reply 6, posted (9 years 1 week 5 days 17 hours ago) and read 2474 times:

Well, then I'm puzzled, to say the least. Curious to see how this one ends.

User currently offlineDB777 From United States of America, joined Apr 2001, 885 posts, RR: 44
Reply 7, posted (9 years 1 week 5 days 16 hours ago) and read 2456 times:
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It looks to me like Andres has hit the big one. Besides AP sending it out everywhere, Reuters is also using his photo without the AP tag and it was displayed on Yahoo News. On the Reuters site the description calls it an "undated file photo" and I sent a screen print to Andres. So far it will be one invoice to AP and one invoice to Reuters.

This is the location of the Reuters photo page where the description is - click on the title or "more" to see Andres' photo pop up. What gall!

http://today.reuters.com/news/NewsSe...h=west+caribbean&pg=3&searchtype=p

Based on Paul's request and a copy of Andres e-mail to Paul, I've sent Andres several e-mails with screen prints on how to proceed on this based on what I went through earlier this year with two prominent New York TV stations using one of my photos without permission.



Photographing aircraft since the Earth was flat and on Airliners.net since #338
User currently offlineChrisH From Sweden, joined Jul 2004, 1136 posts, RR: 16
Reply 8, posted (9 years 1 week 5 days 16 hours ago) and read 2440 times:

wow, Andres is going to be rich!


what seems to be the officer, problem?
User currently offlineINNflight From Switzerland, joined Apr 2004, 3766 posts, RR: 60
Reply 9, posted (9 years 1 week 5 days 15 hours ago) and read 2428 times:

They never happen to steal my photos....  Sad


 Wink



Jet Visuals
User currently offlineAnair80 From Suriname, joined Oct 2000, 245 posts, RR: 0
Reply 10, posted (9 years 4 days 8 hours ago) and read 2219 times:

What type of invoice do you send them?
Do put a $ figure on it right away, or how does one approach this type of situation?
Thanks
Anair80


User currently offlineBobster2 From , joined Dec 1969, posts, RR:
Reply 11, posted (9 years 3 days 21 hours ago) and read 2099 times:

The Associated Press has a history of taking images from public photo sharing sites. They claim this is within their right of "fair use" for news reporting. Good luck trying to get any money from them. They can demand that you pay their legal fees on the grounds that your claim is baseless. They have done things far worse than the use of this airplane picture and they heve the lawyers to let them get away with it.

I'm not defending what AP does. I think it sucks. So don't yell at me.  innocent 

Here's a quote from the judge who dismissed a recent case against AP: "The Associated Press merely distributed a truthful story, with photos that depict a topic of great public interest". The photos referred to here were taken from smugmug without permission.

See this link for the whole story:
http://www.military.com/NewsContent/0,13319,FL_suit_071505,00.html


User currently offlineDB777 From United States of America, joined Apr 2001, 885 posts, RR: 44
Reply 12, posted (9 years 3 days 20 hours ago) and read 2090 times:
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Thanks for posting what you did because it's food for thought.

It sounds to me like they did not properly pursue the copyright violation from this paragraph in the text of the link: "While Miller dismissed a claim of copyright infringement, he did leave open the possibility that the plaintiffs could clarify and refile those allegations. A lawyer for the plaintiffs said later that he would refile the copyright claims."

There are a couple of other issues here that differ from aviation photos being stolen from this site, other aviation photography sites and our own sites:

1. The reporter purchased copies of the photos online and began inquiries before the housewife password-protected the photos. I don't have the "buy a print" feature activated on any of my photos on this site but I wonder how those who do might have a problem with a copyright claim.

2. The housewife who posted the photos on the internet was not the photographer and thus did not own the copyright to the photos. She also did not have permission of the servicemen involved to place the photos on the internet.

AP may have won the initial battle in this case but this was not a case of a photographer/copyright owner filing a copyright infringement lawsuit from what I gathered in the story.

The U. S. Copyright Office's website has all kinds of language on it that seems to provide us with more than enough protection in the event they steal one of our photos. http://www.copyright.gov/


.



Photographing aircraft since the Earth was flat and on Airliners.net since #338
User currently offlineF9Widebody From United States of America, joined Sep 2003, 1604 posts, RR: 10
Reply 13, posted (9 years 2 days 20 hours ago) and read 1968 times:

Quoting Bobster2 (Reply 11):
The Associated Press has a history of taking images from public photo sharing sites.

My guess is that these sites do not say "This photo is copyright protected and may not be used in any way without proper permission." above each of the images.

Quoting Bobster2 (Reply 11):
They claim this is within their right of "fair use" for news reporting.

Not when that above statement is taken into consideration. By uploading here, the photographer has said, "You are to assume that you CANNOT use my images unless I say otherwise."

With that statement above the photos, I would think the AP would either pay, or settle out of court on a law-suit.



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