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Issue with photos loaned to a website


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#1 Natalie_S

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Posted 21 August 2009 - 03:15 PM

So a local charter operator who likes my wreck photos asked me to provide him with a few photos for his new website. I replied (via email) that I would provide a few, with the stipulation that they could only use them on their website. So far, so good. The op tells me to email the photos to his son, who is designing the website. I select six decent photos, resize them to his specs and email them. They seem happy with them.

Today I get an email from the op that the website is up, and thanks for the photos. I go to the website and they have 12 of my photos displayed. Turns out the son has taken the liberty of using photos he found on my website in addition to the photos I provided. Now, I'm flattered that they liked my photos. However, the extra photos they chose are not good photos (nothwithstanding that they were used without my permission). My website was created originally to share my diving adventures with my friends & family, so it contains my progression (read crappy pics) along with the more recent better photos.

I've already emailed the op politely asking him to remove the extra photos because they're not my best work. I don't want to be rude because I need the exposure, but I have issues with the fact that they took extra photos without my permission. I even told the son when I provided the original 6 pics that if he wanted more, I would provide him with more photos! I am pissed off that someone would do this.

Edited by Natalie_S, 21 August 2009 - 03:17 PM.

Nikon D300 in Sea & Sea housing, 10.5 mm, 10-17mm, 12-24mm, 60mm, 100 mm, SubSee diopter, Woody's diopter, 2x YS-110 strobes, BossK Big Blue 170 focus light.

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#2 TheRealDrew

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Posted 21 August 2009 - 03:23 PM

So a local charter operator who likes my wreck photos asked me to provide him with a few photos for his new website. I replied (via email) that I would provide a few, with the stipulation that they could only use them on their website. So far, so good. The op tells me to email the photos to his son, who is designing the website. I select six decent photos, resize them to his specs and email them. They seem happy with them.....


I've already emailed the op politely asking him to remove the extra photos because they're not my best work. I don't want to be rude because I need the exposure, but I have issues with the fact that they took extra photos without my permission. I even told the son when I provided the original 6 pics that if he wanted more, I would provide him with more photos! I am pissed off that someone would do this.


See how they respond, something could have gotten lost in the translation of what was happening between the father and son, or the son (especially if a bit younger) may have thought there was more going on and could take the photos.

#3 Natalie_S

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Posted 21 August 2009 - 04:00 PM

Yes, that's why I've been polite so far. I'm hoping we get this resolved soon. The thing is, I think the son knew what he was doing because the extra photos he took were ones that didn't have a watermark on them.
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#4 TheRealDrew

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Posted 21 August 2009 - 04:07 PM

Yes, that's why I've been polite so far. I'm hoping we get this resolved soon. The thing is, I think the son knew what he was doing because the extra photos he took were ones that didn't have a watermark on them.


Well be polite and see how it goes. Then attack as needed :) Seriously though sometimes mistakes can happen and if this is a local operator in your neck of the woods there is a chance it was just a mess up because they may not want to mess up business since they could be screwing around with photos from a local, at least the naive part of me wanting to think the best of people sometimes. If the photos showed up halfway around the world on some of the suspect sites. Not saying that anyone anywhere is excluded from being (bad words) but I would give it a benefit of the doubt for a moment. You ay also want to make sure to clarify which photos and how they may be used just to make sure....

#5 Nick Hope

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Posted 21 August 2009 - 08:27 PM

The father probably said to the son, "She says you can use her pictures, no problem". This is typical.

As it's only today there's a good chance they'll take the extra pictures down.

If exposure is important to you then make sure you get a proper credit for the 6 pictures you have let them use, preferably with a link to your site/flickr etc.. Ideally you would have given them a written release stating that, along with the precise usage you're permitting them.

If they don't respond or remove the extra pictures you can escalate it by sending a DMCA-takedown notice and get them removed, but as they're local you probably want to use diplomacy first.

Stuff you can do to protect yourself in the future: Put a visible watermark on all your pictures that are out there (it doesn't have to be across the picture, it can be small and in the corner). Put metadata into the files with your copyright information. Consider registering your more pinchable pics with the USCO. All these things increase your chances of winning in the case of any dispute.

#6 Natalie_S

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Posted 22 August 2009 - 02:57 PM

I spoke to the charter op today and he said he had read my emailed reponse and realized that his son had made an error in judgement. He said the site will be updated to reflect only the photos I'd given them, properly credited. I was reassured that it would be fixed ASAP, so I'm happy about that.

I've been adding metadata to all my photos for quite a while now and I started watermarking last year, so I'm good :)

Thanks for the support/helpful hints on how to handle this.
Nikon D300 in Sea & Sea housing, 10.5 mm, 10-17mm, 12-24mm, 60mm, 100 mm, SubSee diopter, Woody's diopter, 2x YS-110 strobes, BossK Big Blue 170 focus light.

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#7 TheRealDrew

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Posted 22 August 2009 - 04:24 PM

I spoke to the charter op today and he said he had read my emailed reponse and realized that his son had made an error in judgement. He said the site will be updated to reflect only the photos I'd given them, properly credited. I was reassured that it would be fixed ASAP, so I'm happy about that.

I've been adding metadata to all my photos for quite a while now and I started watermarking last year, so I'm good :)

Thanks for the support/helpful hints on how to handle this.



Glad it all worked out okay in the end :)

#8 decosnapper

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Posted 03 September 2009 - 03:44 AM

I've already emailed the op politely asking him to remove the extra photos because they're not my best work. I don't want to be rude because I need the exposure.............


Exposure is good....but remember the dive charter is using your images to promote their services. Lets say your images mean the boat runs full every weekend....or they can add another charter to their schedule.... or a club decides to charter the whole boat......you get the idea I hope - good PR = more money for the dive operator.

Its my view that when spaces on dive boats, the cameras to shoot the material with and the gas in our tanks are all free then so are pictures. Until then, charge for image use. Maybe ask for a free place on the boat next time? If you don't want/need the money then perhaps one place per image used would be a good starting point to begin negotiations.....good luck!
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#9 Natalie_S

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Posted 03 September 2009 - 05:17 AM

Well, it took a couple of weeks and some more emails to finally get the correct credit line and the photos removed. I'm glad that's over.

I know I will get a free charter or two out of this, so it's not a problem. These aren't my absolute best shots anyway (those I save for future sales).
Nikon D300 in Sea & Sea housing, 10.5 mm, 10-17mm, 12-24mm, 60mm, 100 mm, SubSee diopter, Woody's diopter, 2x YS-110 strobes, BossK Big Blue 170 focus light.

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