Nauticam using images without consent

[stphnmartin 114]

At the risk of being a devils advocate, I do struggle with the idea of these being professional images that people are expecting payment for, yet they are putting them on Insta. Surely people are aware that once it goes on Insta any real hope of it as a profitable image vanishes. Not only are you granted licensing rights to them to do pretty much anything they like, but most magazines that I deal with (this is mainly fashion granted) will not touch anything that has already been of social media outside of their accounts.

 

I don't think anyone has made a claim about the images being professional. Mine was a screen grab from video and not high resolution. The main issue is the images being used commercially without notice. And apparently the software service has acquiring user permission built into it. It just wasn't used.

[ScubaKelldy 5]

Nauticam acknowledged "unauthorized use" in their emails to those of us affected (that's what they called it). So regardless of whatever reasons you guys are dishing out to tell us we shouldn't have complained about it, Nauticam eventually acknowledged that they should have asked for permission. They didn't say "alleged unauthorized use" or "perceived unauthorized use" which is what a lawyer would insist on using, right? They plainly said it was unauthorized use.

So let's put it to rest. Both parties agree that it was unauthorized use.

Also, I'm an amateur / hobbyist. Never claimed to be a professional.

Edited May 5, 2018 by ScubaKelldy

[fish323 0]

Here is my photo appropriated without permission and used to promote the GH5 housing on the Nauticam website. Be careful how you hashtag images from now on. Also notice the "FOURSIXTY" in the bottom right. This is the service nauticam used to access the photo. The ToS from FOURSIXTY says you have to have permission to use the content via their service. So, this is also a violation.

10/10 for that image it is superb.

[bubffm 178]

Bump

Edited February 6, 2019 by bubffm

[Get Wet Images 0]

If an image is used commercially then it should have a release from the photographer just like you need a release from a model. A company that sells professional level photographic equipment should know this and there's no excuse for doing it. They should work a deal with the photographers who's photos they used and give them a discount on future equipment or turn it into a competition where prizes are given to winners where they know the photos will be used commercially using a specific hashtag. NatGeo YourShot is a perfect example of this where people know they are submitting photos that may be used commercially and have no issues with this.

 

I've had someone want me to do professional photography for a weeklong retreat and told me that it wasn't paid but would give me publicity when there wasn't any one who would notice anyway. Nauticam should know better and their response of once you hashtag it's open season is bull. I know someone who was hired to shoot some photos for a high end clothing catalog for a single year. the next year he saw one of his images on the cover. Since he only gave permission for the last year he took them to court and they had to pay again for the image they used.

 

Bottom line is that if a photo is going to be used for profit they need a release and if they use one of my images without permission I'm going to have my lawyer contact them for payment rather than just ask to take it down.

 

At least it seems like they took everything down now and hopefully leaned their lesson and ask for permission from now on.