Lasongo

Monterey, California. September 2020.

Is this viewfinder still available?

Ryan, Im honestly flabbergasted. At issue here is how the images were used. The images were displayed on Nauticams website in conjunction with products for sale, implying our consent and endorsement of said product. This is no different than if someone took a photo of you and standing next to a political yard sign and the used it as an ad without telling you. When I reached out to Nauticam the reply I got was only an explanation of the feed. At no point in any communication did you ask if it was ok to continue using the image or ask how I felt about its continued usage or even what I wanted to do going forward. Itonically I was warned to expect that exact response. And also, why did it take 2 voicemails, 2 Facebook messages and 2 emails before I even got my first response? Ive spoken to the social media heads of a well-respected and known Aquarium and also of a major corporation and they both said they would never consider such a campaign simply because they knew it would anger their user-base and they didnt even want to mess with the legal issues. At issue here are two simple things: 1). At no point, ever, was permission asked. Not before the images were posted nor after I reached out. 2). Resharing on the relevant social media is acceptable, that is what hashtags are intends for. Displaying them on your website, without permission or a dedicated, obvious campaign or hastag, is forbidden. Again it implies our direct endorsement and approval, which was never asked nor given.

This is a warning to all underwater photographers about using hashtags in your photos. If this post violates Wetpixel’s terms of sharing please let me know and I’ll remove it or please remove it beforehand. Nauticam used my algae-covered Sea Turtle image which I shared here a couple of weeks ago on their webpage without my permission AND without informing me. I found out about it from a photographer friend who was comparing housing specs. I spoke directly with Nauticam and they ignored my voicemails (plural), my Facebook massaged (plural) and I did receive an email reply from Ryan Canon, one of their Directors. Ryan sent me a straight-forward and firm email stating that since I tagged Nauticam in my Instagram feed they could use the image as they saw fit. I spoke with several of you on Facebook, on Instagram and even a few in person and the consensus was unanimous. It’s ok to reshare on social media; however, to post on your website to sell an item (see pictures) without permission or compensation is NOT. I exchanged a few more emails with Ryan and he remained firm Nauticam can do as they please. They said since I tagged "#nauticam" they could use it how they saw fit. I noticed this weekend the image had been pulled down though. I am LIVID about several things: 1) My permission was not asked. I would have said yes if asked in advance. 2) When I asked for something in return for usage, he blew me off and said because it’s tagged they can use it. 3) No apology. A simple, “Hey Julian, it’s a new automated feature and we’re still working out the bugs...” or “someone should have reached out, we’re so sorry...” but nothing. I tag the gear I use so people know and don’t have to ask, plus a few have been very encouraging. Nauticam used my image on their website, with the expressed goal of promoting and selling a product and did not inform me or ask me. That’s against FB terms of use and IG’s too. Moral of the story is be VERY wary of who you tag in your posts.

Hi, semi-pro photog, 2000+ dives