Plagiarized.

[aggienaut]

   So my boss is thinking about boating in to Catalina Island so I was googling about for information for him. Specifically I camped at Little Harbour there once before and found it lovely so I did a search on that.

I come across this picture on a commercial website



...and it looks a little bit too familiar. So I go back to my own pictures, particularly this one:




...THEY'RE USING MY PICTURE. For commercial purposes! ): It's NOT just the same angle because even the clouds and waves are exactly the same.

Comments

[glowy-lovers.livejournal.com]

Oh dear, can you do anything about it?

[emo-snal.livejournal.com]

The only contact I could find was the webmaster but I sent him a strongly worded email just now.

Strongly Worded Email

[emo-snal.livejournal.com]

I just sent this email to the webmaster:

To whom it may concern:

It recently came to my attention that the first picture that appears on the page http://www.catalinaislandvacation.org/catalinaislandsailing-covesandbays.html , (specifically http://www.catalinaislandvacation.org/images/littleharbor.jpg ) is my photo http://www.flickr.com/photos/commissariat/2365467042/ .

This use of the photo violates its terms and conditions in that there is no attribution, it has been altered (specifically to remove the copyright, which is in my opinion particularly mean spirited), and appears to be used for a commercial purpose.

If you would like to continue to use the photo I would be honoured if you would offer to pay me for rights to use it in that location, but otherwise I strenuously object to the misuse of my photograph and demand you cease and desist in using it.

Sincerely,
Kris Fricke
Photographer.

Re: Strongly Worded Email

[jenbooks.livejournal.com]

If ignored, make a DMCA complaint to their web provider (not webmaster, most likely)

[chandrielle.livejournal.com]

I'd be interested in seeing other work they've done in case they've ripped off a bunch of other stuff.

[emo-snal.livejournal.com]

Yeah I bet all their other pictures are ripped off someone too. Bastards.

[chandrielle.livejournal.com]

Is David taking anyone with him or going by himself?

[emo-snal.livejournal.com]

The illustrious Mr Rixford! ;D

[chandrielle.livejournal.com]

Camping?

I got to go to CIMI for a week in 7th grade. It was eleventy kinds of awesome.

[scarlettfan84.livejournal.com]

omg, report them to the dmca

[extoria.livejournal.com]

That sucks, but at the same time... stealing your work is a (less sincere) form of flattery! ;)

[emo-snal.livejournal.com]

That's true actually. I am rather flattered they decided my pic was the best one to showcase the subject. Still though it doesn't do me any good unless I get either an attribution or cold hard cash. (:

[extoria.livejournal.com]

Well you give 'em hell! Good luck!

ETA: Love the photo, by the way :)

[emo-snal.livejournal.com]

Thanks! (:

[wickedsin.livejournal.com]

I'm curious to see the webmaster's reply

[hopefulspirit.livejournal.com]

Now that just isn't friendly, how rude of them! If they wanted to use it they could have at least ask you first. I can't wait to hear what the webmaster has to say about it.

It's a lovely picture, by the way. :-)

[emo-snal.livejournal.com]

Thanks!

Yeah I find it particularly rude that they didn't just not ask me -- they actually cropped off my name and copyright!!

[ayoub.livejournal.com]

Time to email them!

[guabili.livejournal.com]

That's badass! Sue for millions & buy me something nice!

--

[emo-snal.livejournal.com]

Haha okay! A yacht?

[buscemi.livejournal.com]

That really stinks. I hope they either take it down or give you some kind of compensation.

[agirlnamedluna.livejournal.com]

Sue them and LJ party at Catalina Island with the compensation!

But seriously, I get how it's 'flattering' but it just plain sucks, especially if they cropped out your copyright/name ... that means they knew exactly what they were doing and had no qualms about it.

[emo-snal.livejournal.com]

yeah exactly. The cropping off of the border changes it from just being lazy to being actually shady and mean spirited. ):

[agirlnamedluna.livejournal.com]

*nods* yeah they sure can't deny they did something illegal and were well aware of it. I say involve some copyright body if you have that in the US.

[emo-snal.livejournal.com]

Yeah there's that DMSPQR or whatever its called

[furzicle.livejournal.com]

Figuring that a lot of things, even things like waves, would stay the same, I checked for flower placement. There is a cactus just to the left of the white water. To the right of the funny little cactus, there is a flower. Aha! The same flower!(The flower shows up against the blue of the ocean.)

[pouncing-tiger.livejournal.com]

NOT cool. >(

[amiveryfar.livejournal.com]

DUDE. What are you going to do?

[emo-snal.livejournal.com]

:D

[heethen-crone.livejournal.com]

Unethical _and_ illegal. And deliberately so 'cause they cropped out the border with the copyright info on it. Nail the rotten f#$ks.

[emo-snal.livejournal.com]

And quite rude! ):

[fsk8ing-judge.livejournal.com]

They either credit you, or they remove the photo. And I would still report them, too.

[emo-snal.livejournal.com]

No response to my email to the webmaster yet. Will have to step it up to DMCA notice to the server soon I guess.

[fsk8ing-judge.livejournal.com]

It's been, what, 48 hours? This is the weekend, so if you don't hear something by the end of tomorrow, I would step it up, too.

Reading about this whole situation just makes my blood boil. I know how committed you are to your photography. And I can recognize your honesty (oftentimes, at your own expense). This is just ARRRGGGHHHHH!!!!!!!!!!

[emo-snal.livejournal.com]

Yeah I always include the borders on my photos for precisly this reason, so the fact that they even went to the trouble to lop off the border is really some douchebaggery.

[fsk8ing-judge.livejournal.com]

Some people are just ass-whipes. I say go for the jugular.