Legal issue?

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Andreas Werth

Andreas Werth

Jack Dempsey
MFK Member
Jan 11, 2005
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Cologne
www.andreaswerth.net
Hi,
on this french website

http://www.arcat.ch/arcat_concours_web_reponses.html

i found some photos of some of our photographers (Jay, Richard) and two photos from my own gallery on afnet, one of both mistakenly claimed to be from me.

My french is not that good, but i doubt that all these photographers have been asked for their permission.
Is anyone good in french and able to understand what they are doing on that site?

Thanks for your help.
 
My French is limited, but I think that these are the answers to a weekly quiz in which members were asked to identify fish from the photos, which were revealed step by step during the week. It also says that the competition is now finished - the last one is dated at the end of May.
If these photos were used without permission, it seems to be a clear breach of copyright. However as only 23 people/teams entered the competition it doesn't look like a major concern. In other words I don't think anyone else has profitted from the photographers' work.
If one of my photos were used in this way (and I take it as evidence of the quizmaster's poor taste that he has not used any of mine :badgrin:) I would ask him to remove it from the site immediately.
Andreas, have you contacted any of the other photographers whose work appears on the site?

Alan
 
Alan,
thank you for having a closer look and your translation.
Now i understand this better.

Since i discovered two of my own photos being used in an online shop a few weeks ago, i´m sort of sensitized of the problem. But that is another story.
Here it seems to be that there is no commercial backdrop - what would make the thing worse.

[edit]I have contacted both photographers from germany, who used these photos for a contest on my website.
 
Last edited by a moderator:
from an old post by Jay, here is a sample letter to send to them:

Dear [name]:

It has come to my attention that you have made an unauthorized use of my copyrighted work entitled [name of work] (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in [date], [and have registered copyright therein]. Your work entitled [name of infringing work] is essentially identical to the Work and clearly used the Work as its basis. [Give a few examples that illustrate direct copying.]

As you neither asked for nor received permission to use the Work as the basis for [name of infringing work] nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by [date give them about 2 weeks] indicating that you have fully complied with these requirements, I shall take further action against you.

Very truly yours,

Name
 
I've also found my pictures in various sites without my permission. I've since given up trying to communicate with these foreign websites as I don't even speak their language. I can't even find which buttons to click to get a contact address.

Cheers,
 
Any updates here ?

Internet is like an open bank account. Anyone can come in and take whatever they want. At least they mentioned our names and gave us credit. You really can not ask for more :) I don't really mind.
 
Hello, long time no see.

I even found one of my pictures there (surprisingly)
Didnt give me any credit either.

Its the Skirt Tetra.
I sendt an E-mail to the president and webmaster of the site asking to do so.
Will keep you posted.
 
Jay Luto said:
Any updates here ?
Click to expand...

Hi Jay,
i notified both members from aquarienfotografie.net and both answered me, that they don´t want to go into further action. Roy seems to be the first one to contact them.

It looks like they credited all photos, where the photographer was known for them. One of the two mentioned photos was displayed in a contest but didn´t scored on #1 to #3, so the photographer wasn´t displayed on the result screen.
Of course they should have contacted me instead to ask for permission or help.
 
Jay Luto said:
Oh. This was a contest :) Didn't even realize.
Click to expand...

Jay,
no, according to Alan´s translation it was a quiz.
The contest was on my site and the name of the photographer wasn´t displayed on the result page.
 
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