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[fp2011]

THERE HAVE BEEN MANY DISCUSSIONS, FORUMS, ONLINE ARTICLES, SOCIAL NETWORK GROUPS AND PUBLISHED ARTICLES REGARDING PHOTOS BEING STOLEN FROM PROFESSIONAL PHOTOGRAPHERS' WEBSITES WHO OFFER THEIR PROOFS FOR VIEWING AND PURCHASING; BUT NO SOLUTION TO THE PHOTOGRAPHERS OR LEGAL RAMIFICATIONS TO THE INDIVIDUALS OR WEBSITES THAT ARE POSTING / ALLOWING POSTING OF PHOTOS.

WITH WATERMARKS ACROSS THE PROOFS AND CLEAR NOTICE ON THE PHOTOGRAPHERS' WEBSITES, PEOPLE ARE RAMPANTLY STEALING IMAGES BY SCREEN CAPTURING PROOFS AND POSTING THEM (ON FACEBOOK, FOR EXAMPLE) WITHOUT PURCHASING THE IMAGES OR PERMISSIONS. ON FACEBOOK, FOR EXAMPLE, THE PHOTOGRAPHER HAS NO WAY OF KNOWING OR REPORTING TO FACEBOOK THE COPYRIGHT INFRINGEMENT UNLESS THEY ARE "FRIENDS" WITH THE INDIVIDUAL WHO REPRODUCED THE IMAGE(S) AND THEREFORE ARE ABLE TO SEE PHOTOS POSTED BY INDIVIDUALS, AND HAVE ACCESS TO THE DIRECT URL, IN ORDER TO SEND A FORMAL REQUEST TO FACEBOOK THAT THE IMAGES BE REMOVED. EVEN THOUGH THERE ARE VERY CLEAR COPYRIGHT WATERMARKS GOING RIGHT ACROSS THE IMAGES, PEOPLE DON'T CARE AND STILL COPY AND POST THE IMAGES, AND FACEBOOK DOESN'T CARE BECAUSE THERE ARE THOUSANDS OF IMAGES WITH WATERMARKS GOING RIGHT ACROSS THEM, THAT CLEARLY ARE NOT OWNED BY THE INDIVIDUALS CHOOSING TO POST THEM WITHOUT PERMISSION.

THERE IS NO TECHNOLOGY AVAILABLE TO STOP SCREEN CAPTURING

THERE IS NOTHING IN THE UPLOADING PROCESS OR SAVING FILES PROCESS THAT RECOGNIZES THE "©" CLEARLY VISIBLE WITHIN THE IMAGE, PREVENTING COPYRIGHT INFRINGEMENT

THIS IS A VERY SERIOUS ISSUE THAT HAS RESULTED IN SEVERE LOSS OF INCOME TO MANY PHOTOGRAPHERS, BECAUSE PEOPLE ARE STEALING THE WATERMARKED IMAGES AND THEN NEVER PURCHASING IMAGES OR PAYING THE PHOTOGRAPHERS IN ANY WAY FOR THE SERVICES THEY OFFERED.

I AM POSTING THIS FOR DISCUSSION HERE, HOPING THAT MAYBE SOME LAWYERS OR LAW STUDENTS WILL SOME DAY COME UP WITH A SOLUTION SO THAT PHOTOGRAPHERS' WORK WILL BE SAFE AND THE WORLD WILL HAVE MORE RESPECT FOR OUR INTELLECTUAL PROPERTY RIGHTS.

I HAD A SHORT DISCUSSION WITH A FRIEND CURRENTLY IN LAW SCHOOL, AND THEIR CONCLUSION WAS THAT, JUST LIKE WITH OTHER MEDIAS (FILM AND MUSIC) THERE IS A VERY LONG ROAD INVOLVING A LOT OF LOBBYING AND LAWSUITS BETWEEN WHERE WE ARE NOW WITH INTELLECTUAL COPYRIGHT LAWS, AND WHERE PROFESSIONAL PHOTOGRAPHERS WHO NEED TO OFFER THEIR PROOFS FOR VIEWING AND PURCHASING ONLINE, WILL NOT BE LOSING MONEY AND GOING OUT OF BUSINESS BECAUSE OF THIS PIRACY GOING ON.

I UNDERSTAND THAT THIS IS NOT JUST A SIMPLE MATTER THAT CAN BE TAKEN CARE OF IN SENDING VIOLATORS A BILL, OR IN SMALL CLAIMS COURT; THAT IF I HAD TONS OF MONEY TO HIRE A TEAM OF LAWYERS, THAT THERE IS STILL A SERIOUS DANGER OF COUNTERCLAIMS BECAUSE OF THE LOOPHOLES THAT CURRENTLY EXIST THAT FAVOR INFRINGEMENT. FOR EXAMPLE, AN ARGUMENT OF "FAIR USAGE" COMES INTO PLAY; I ALSO UNDERSTAND THAT, EVEN WHEN PHOTOGRAPHERS HAVE CLEAR TERMS THAT MUST BE AGREED UPON BEFORE ENTERING INTO THEIR ONLINE PHOTO GALLERIES, OR HAVE ANY SORT OF AGREEMENT OF TERMS THAT MUST BE ACCEPTED IN THE PURCHASING OF IMAGES, THAT THIS COULD BE ARGUED AS UNENFORCEABLE.

SO, WE, AS PHOTOGRAPHERS THAT NEED TO OFFER PROOFS AVAILABLE ONLINE, ARE CAUGHT IN A TERRIBLE LOOP-HOLE THAT IS ALLOWING COPYRIGHT INFRINGEMENT AND SEVERELY IMPACTING OUR LIVELIHOOD.

I'D LOVE TO KNOW OF ONE SUCCESSFUL CASE, WHERE THE SELF-EMPLOYED SOLE PROPRIETOR PHOTOGRAPHER PREVAILED, AND THEIR INTELLECTUAL PROPERTY IS PROTECTED!

[Zonath]

Not sure more mandated technology is the answer.  After all, it's already illegal to circumvent copyright control measures, but I can find multiple add-ons for my web browser which are basically circumvention technologies (and thus illegal to produce or distribute), and many of them have millions of downloads.  It seems to me that many people are either unaware of the illegality of using these things, or else know and just don't care.

Also, while fair use does exist, and contract provisions are occasionally held to be unenforceable, I'd say that using a stolen copyrighted photo on Facebook isn't exactly likely to be upheld as a fair use, and a good contract is probably going to be enforceable.  If you never police and attempt to enforce your copyrights though, you can't really expect uninterested parties to bend over backwards in order to help you do so.

And your caps lock seems stuck in the on position.  You may want to look at getting that fixed.

[seikialice88]

THERE HAVE BEEN MANY DISCUSSIONS, FORUMS, ONLINE ARTICLES, SOCIAL NETWORK GROUPS AND PUBLISHED ARTICLES REGARDING PHOTOS BEING STOLEN FROM PROFESSIONAL PHOTOGRAPHERS' WEBSITES WHO OFFER THEIR PROOFS FOR VIEWING AND PURCHASING; BUT NO SOLUTION TO THE PHOTOGRAPHERS OR LEGAL RAMIFICATIONS TO THE INDIVIDUALS OR WEBSITES THAT ARE POSTING / ALLOWING POSTING OF PHOTOS.

WITH WATERMARKS ACROSS THE PROOFS AND CLEAR NOTICE ON THE PHOTOGRAPHERS' WEBSITES, PEOPLE ARE RAMPANTLY STEALING IMAGES BY SCREEN CAPTURING PROOFS AND POSTING THEM (ON FACEBOOK, FOR EXAMPLE) WITHOUT PURCHASING THE IMAGES OR PERMISSIONS. ON FACEBOOK, FOR EXAMPLE, THE PHOTOGRAPHER HAS NO WAY OF KNOWING OR REPORTING TO FACEBOOK THE COPYRIGHT INFRINGEMENT UNLESS THEY ARE "FRIENDS" WITH THE INDIVIDUAL WHO REPRODUCED THE IMAGE(S) AND THEREFORE ARE ABLE TO SEE PHOTOS POSTED BY INDIVIDUALS, AND HAVE ACCESS TO THE DIRECT URL, IN ORDER TO SEND A FORMAL REQUEST TO FACEBOOK THAT THE IMAGES BE REMOVED. EVEN THOUGH THERE ARE VERY CLEAR COPYRIGHT WATERMARKS GOING RIGHT ACROSS THE IMAGES, PEOPLE DON'T CARE AND STILL COPY AND POST THE IMAGES, AND FACEBOOK DOESN'T CARE BECAUSE THERE ARE THOUSANDS OF IMAGES WITH WATERMARKS GOING RIGHT ACROSS THEM, THAT CLEARLY ARE NOT OWNED BY THE INDIVIDUALS CHOOSING TO POST THEM WITHOUT PERMISSION.

THERE IS NO TECHNOLOGY AVAILABLE TO STOP SCREEN CAPTURING

THERE IS NOTHING IN THE UPLOADING PROCESS OR SAVING FILES PROCESS THAT RECOGNIZES THE "©" CLEARLY VISIBLE WITHIN THE IMAGE, PREVENTING COPYRIGHT INFRINGEMENT

THIS IS A VERY SERIOUS ISSUE THAT HAS RESULTED IN SEVERE LOSS OF INCOME TO MANY PHOTOGRAPHERS, BECAUSE PEOPLE ARE STEALING THE WATERMARKED IMAGES AND THEN NEVER PURCHASING IMAGES OR PAYING THE PHOTOGRAPHERS IN ANY WAY FOR THE SERVICES THEY OFFERED.

I AM POSTING THIS FOR DISCUSSION HERE, HOPING THAT MAYBE SOME LAWYERS OR LAW STUDENTS WILL SOME DAY COME UP WITH A SOLUTION SO THAT PHOTOGRAPHERS' WORK WILL BE SAFE AND THE WORLD WILL HAVE MORE RESPECT FOR OUR INTELLECTUAL PROPERTY RIGHTS.

I HAD A SHORT DISCUSSION WITH A FRIEND CURRENTLY IN LAW SCHOOL, AND THEIR CONCLUSION WAS THAT, JUST LIKE WITH OTHER MEDIAS (FILM AND MUSIC) THERE IS A VERY LONG ROAD INVOLVING A LOT OF LOBBYING AND LAWSUITS BETWEEN WHERE WE ARE NOW WITH INTELLECTUAL COPYRIGHT LAWS, AND WHERE PROFESSIONAL PHOTOGRAPHERS WHO NEED TO OFFER THEIR PROOFS FOR VIEWING AND PURCHASING ONLINE, WILL NOT BE LOSING MONEY AND GOING OUT OF BUSINESS BECAUSE OF THIS PIRACY GOING ON.

I UNDERSTAND THAT THIS IS NOT JUST A SIMPLE MATTER THAT CAN BE TAKEN CARE OF IN SENDING VIOLATORS A BILL, OR IN SMALL CLAIMS COURT; THAT IF I HAD TONS OF MONEY TO HIRE A TEAM OF LAWYERS, THAT THERE IS STILL A SERIOUS DANGER OF COUNTERCLAIMS BECAUSE OF THE LOOPHOLES THAT CURRENTLY EXIST THAT FAVOR INFRINGEMENT. FOR EXAMPLE, AN ARGUMENT OF "FAIR USAGE" COMES INTO PLAY; I ALSO UNDERSTAND THAT, EVEN WHEN PHOTOGRAPHERS HAVE CLEAR TERMS THAT MUST BE AGREED UPON BEFORE ENTERING INTO THEIR ONLINE PHOTO GALLERIES, OR HAVE ANY SORT OF AGREEMENT OF TERMS THAT MUST BE ACCEPTED IN THE PURCHASING OF IMAGES, THAT THIS COULD BE ARGUED AS UNENFORCEABLE.

SO, WE, AS PHOTOGRAPHERS THAT NEED TO OFFER PROOFS AVAILABLE ONLINE, ARE CAUGHT IN A TERRIBLE LOOP-HOLE THAT IS ALLOWING COPYRIGHT INFRINGEMENT AND SEVERELY IMPACTING OUR LIVELIHOOD.

I'D LOVE TO KNOW OF ONE SUCCESSFUL CASE, WHERE THE SELF-EMPLOYED SOLE PROPRIETOR PHOTOGRAPHER PREVAILED, AND THEIR INTELLECTUAL PROPERTY IS PROTECTED!

Thanks you for the post.
__________________
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[zoonkiner]

Not to mention that all of the stuff we are working on that you guys don't even know about. We are working very hard on Block Dude to make it almost a different game. So as you realize there is a lot more going on here than meets the eye. Also,Moncler, the fact that Trackmill isn't Goose's or Draco's job (or any other staff) at the moment is another reason why stuff seems to be going so slow.