Psych
Topic Author
Posts: 2944
Joined: Tue Nov 16, 2004 1:17 am

Your Comments On Website Use Of Photo

Wed Apr 05, 2006 3:17 pm

Hello all.

I don't know of you have done this, but it can be very interesting going to the 'Links to your Photos' section in 'My Photos', to see the range of external links made to your shots on A.net.

I recently did this, and discovered that one of my photos was being used on the front page of this site. Now when I click on this link it produces the page with this photo featuring largely:

View Large View Medium
Click here for bigger photo!

Photo © Paul Markman


I would be very interested to hear if this is the same photo you see when you follow that link.

Anyway - I took a screen shot and wrote to them - politely - expressing my dissatisfaction that my photo had been used without my permission, and that such usage was a breach of copyright. They did reply - politely - saying that they could not identify which photo of mine I was claiming they had inappropriately used. However, the author also said that should it be the case that they had used my photo they would either remove it or pay a fee.

I then wrote back and attached a screen shot with my photo featuring. I soon received another response, apologising for the use of the photo, but also saying that I was looking at an old version of their website, which related to a company to which they have now severed links. He suggested that the reason I was seeing my photo was to do with my ISP using a proxy server that has the old link still. If I had any other queries please get in touch.

I have to admit all the talk of proxy servers leaves me a bit in the dark, but the bottom line was still that at one point they had clearly used my photo. But at least they had apologised.

This was yesterday and I have not responded - I am certainly in no mood for taking a company on in any big way.

However, I have woken this morning to receive another email from another member of the company - also a pilot - asking for proof that I am the author of this photo and that I am a registered photographer holding authorisation from Manchester airport and the airline in question to take such pictures for commercial use. He also told me that if he found someone taking an 'unauthorised' photo of a plane he is piloting he would file a complaint with the relevant airport authorities.

I must admit I was rather surprised by this.

Does anyone have any comment on this story? I have read with interest others' threads about conflicts following use of photos from here, and I thought it would be useful for the site to have a clear statement on how to advise photographers (who, like me, are not well versed in selling their photos and dealing with commercial issues) how to handle such instances.

Thanks for any input.

Paul
 
ua935
Posts: 547
Joined: Mon Feb 23, 2004 5:41 am

RE: Your Comments On Website Use Of Photo

Wed Apr 05, 2006 4:04 pm

Morning Paul,

Yep defiantly your photo, the copyright bar with your name on it is across the bottom of the image when I click your link.

Looks like another photo from the site may be on the left of the page from SXM.

The photo you have taken is from public property and not from within the airport. You do not permission to photograph from there.

From the tone of that e-mail it sounds like the company knows they are in the wrong and are trying to scare you off pressing them any further.

Regards

Simon
Live every second like you mean it
 
9VSPO
Posts: 4187
Joined: Sun May 18, 2008 9:03 pm

RE: Your Comments On Website Use Of Photo

Wed Apr 05, 2006 4:12 pm

It's a public footpath. Both pilots and the airport know we take photo's from there. On the plus side at least they have kept the banner and do provide a direct link to the site. Ask them for £50. It does enhance their site which is attempting to attract business at the end of the day.
 
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jid
Posts: 889
Joined: Wed Dec 01, 2004 7:37 pm

RE: Your Comments On Website Use Of Photo

Wed Apr 05, 2006 5:16 pm

Good morning Paul,

Looking at the code of the page they have 'copied' a version of your image and placed it on their webservers. This is a breach of your copyright. The fact that they have linked it back to your a.net image is a way of keeping their bandwidth costs down.

The mail you received smacks of scare tactics - as stated in many threads in the past, you are doing nothing illegal by shooting aircraft from public rights of way and it is a very cheap shot from them making that kind of veiled threat.

I know what I would tell them Paul !!!

Good luck .. Jid
G7EPN is back after 15 years! Operating all Bands 80mtrs -> 70cms QRZ DX
 
viv
Posts: 2953
Joined: Tue May 31, 2005 5:17 pm

RE: Your Comments On Website Use Of Photo

Wed Apr 05, 2006 5:45 pm

Quoting Psych (Thread starter):
However, I have woken this morning to receive another email from another member of the company - also a pilot - asking for proof that I am the author of this photo and that I am a registered photographer holding authorisation from Manchester airport and the airline in question to take such pictures for commercial use. He also told me that if he found someone taking an 'unauthorised' photo of a plane he is piloting he would file a complaint with the relevant airport authorities.

He is full of shit. You don't need authorisation to take pictures odf aircraft unless you are the airside of the airport.
Nikon D700, Nikkor 80-400, Fuji X Pro 1, Fujinon 35 f/1.4, Fujinon 18 f/2
 
dc10tim
Posts: 1380
Joined: Mon Jan 03, 2005 12:21 am

RE: Your Comments On Website Use Of Photo

Wed Apr 05, 2006 7:45 pm

Quoting Psych (Thread starter):
However, I have woken this morning to receive another email from another member of the company - also a pilot - asking for proof that I am the author of this photo and that I am a registered photographer holding authorisation from Manchester airport and the airline in question to take such pictures for commercial use. He also told me that if he found someone taking an 'unauthorised' photo of a plane he is piloting he would file a complaint with the relevant airport authorities.



Quoting Jid (Reply 3):
This is a breach of your copyright. The fact that they have linked it back to your a.net image is a way of keeping their bandwidth costs down.

Paul, politely email them back and ask if he can quote any requirement for authorisation to be needed to photo either the airport or the plane, bearing in mind you were on National Trust property when that shot was taken. As Jid says, it's a breach of your copyright.

This kind of thing really winds me up.

Regards,

Tim.
Obviously missing something....
 
dc10tim
Posts: 1380
Joined: Mon Jan 03, 2005 12:21 am

RE: Your Comments On Website Use Of Photo

Wed Apr 05, 2006 7:46 pm

Quoting Psych (Thread starter):
He also told me that if he found someone taking an 'unauthorised' photo of a plane he is piloting he would file a complaint with the relevant airport authorities.

And they're going to do what exactly?
Obviously missing something....
 
linco22
Posts: 1278
Joined: Tue Jun 14, 2005 6:16 am

RE: Your Comments On Website Use Of Photo

Wed Apr 05, 2006 8:01 pm

Hi Paul,

Really unfortunate that you are on the recieving end of someone who is just trying to scare you off. Stand up to them, do as the others have suggested. This guy hasn't a leg to stand on. This is really petty. Why cant they either pay you a fee for use of the photo or remove it. Surely its that simple for them. Good luck with it, hope you get it sorted.

Regards
Colin  Smile
 
javibi
Posts: 1295
Joined: Sat Oct 02, 2004 5:55 pm

RE: Your Comments On Website Use Of Photo

Wed Apr 05, 2006 8:18 pm

Quoting Psych (Thread starter):
authorisation from Manchester airport and the airline in question to take such pictures for commercial use.

I do not see a "Buy a print" button, WTF "commercial use"? I am sure you are able to produce a 24 pages long letter telling them how wrong they are (under Swedish and British law, we don't know and don't GAF about Belgian law) and offering to settle the matter for a mere 100 pounds  Wink If you are smart enough you could even get a Manchester Airport authorisation letter  Wink

Good luck

j
 
brettdespain
Posts: 126
Joined: Wed May 18, 2005 5:40 am

RE: Your Comments On Website Use Of Photo

Wed Apr 05, 2006 8:25 pm

Hi Paul,

Sorry to hear about your predicament. Great shot by the way!

I don't know about the U.K. but the aforementioned pilot stating that he would file actions against you for taking a shot of his airplane wouldn't have a leg to stand on in a U.S. court.

I also clicked on the link in question this morning from the U.S. and your photo is still proudly displayed on that site. The company's explanation that this is an old site is utter non-sense. When companies make new sites, they take the old ones down or at the most provide a white page with a new http address.

Keep after them and let us know what happens. Thanks again for helping me with my shots!

Brett
V1...Rotate.
 
Jan Mogren
Posts: 2014
Joined: Tue Dec 26, 2000 2:47 am

RE: Your Comments On Website Use Of Photo

Wed Apr 05, 2006 9:17 pm

Quoting Javibi (Reply 8):
I am sure you are able to produce a 24 pages long letter

Indeed Sir Writesalot, eh sorry, Paul should give them a nice lenghty reply!  mischievous 

/JM
AeroPresentation - Airline DVD's filmed in High Definition
 
Stealthz
Posts: 5546
Joined: Wed Feb 02, 2005 11:43 am

RE: Your Comments On Website Use Of Photo

Wed Apr 05, 2006 10:34 pm

mmm checked out this site.... interesting use of a VS image in their shonky little program, wonder where their bravado would disappear to if someone from the VS legal team gave them a call!!
If your camera sends text messages, that could explain why your photos are rubbish!
 
 
INNflight
Posts: 3526
Joined: Tue Apr 13, 2004 5:11 am

RE: Your Comments On Website Use Of Photo

Wed Apr 05, 2006 11:21 pm

Quoting Javibi (Reply 12):
http://www.whitewingseurope.be/wwe/nl/jobs.asp

And they even modified the copyright bar.

Paul, send them your bill.  Smile
Jet Visuals
 
GBOAB
Posts: 353
Joined: Mon Mar 22, 2004 12:29 am

RE: Your Comments On Website Use Of Photo

Thu Apr 06, 2006 12:31 am

Hi Paul

Looks like they have taken down the site, all I get is:
The page you are looking for might have been removed, had its name changed, or is temporarily unavailable.

Cheers

Ian
Concorde's gone but not forgotten
 
Psych
Topic Author
Posts: 2944
Joined: Tue Nov 16, 2004 1:17 am

RE: Your Comments On Website Use Of Photo

Thu Apr 06, 2006 12:38 am

Hello all.

Thanks for your replies - and I'll keep this short   .

I too now see that the relevant page is not available - interesting. But I shall still respond to the last guy, because I was not at all happy with the tone of his message.

I shall let you know if I hear anything.

All the best.

Paul

P.S. Edited following Javier's correction.

[Edited 2006-04-05 18:03:21]
 
javibi
Posts: 1295
Joined: Sat Oct 02, 2004 5:55 pm

RE: Your Comments On Website Use Of Photo

Thu Apr 06, 2006 12:43 am

Quoting Psych (Reply 15):
I too now see that the site is not available

Site is available it is just "your" page which is down.

j

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