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      06-28-2009, 02:56 AM   #1
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Is This "Sueable"?

I'm not serious, lol, but I found someone using one of my photos, clearly labeled with my watermark, in their Craigslist ad.

http://seattle.craigslist.org/oly/cto/1243396249.html

First photo.

So is it? Just wondering, I'm not actually going to sue the guy

Here's the original:
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      06-28-2009, 03:21 AM   #2
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Don't think so... the watermark just says that you took the photo.. Yes you may own it, but I think you have to have some sort of copyright/ trademark for you to take any legal action against them. But what the hell do I know? lol
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      06-28-2009, 03:25 AM   #3
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This is the kind of stuff that I don't understand. If something like this were to happen - obviously, something much more significant in which your photos were used for the purpose of bringing in profit - what would you do?
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      06-28-2009, 03:54 AM   #4
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the photo is yours, and if you truly wanted to pursue this...legally you could
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      06-28-2009, 08:56 AM   #5
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Did you shoot the photo for the person? If you shot it for them and gave it to them, you may be SOL. If not then yes, you can pursue for damages, but I don't know how far you'll get. You may want to send an e-mail to craigs list and identify it. They'll make him take it down.
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      06-28-2009, 09:31 AM   #6
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Yes you CAN do something about it, but in all honesty it's really not worth your time. Unless it's a company using the image to sell a product.
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      06-28-2009, 10:31 AM   #7
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even if you give the photo to someone, the copyright will always be yours.
even if they hire you and pay you for a photo to use, the copyright is still yours.
unless you sign away specifically the ownership rights and copyright, it will always be yours.
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      06-28-2009, 02:15 PM   #8
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Nope, never gave the photo to anyone...but would the accused defend by saying that they never gave me permission to take photos of them?
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      06-28-2009, 02:35 PM   #9
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Quote:
Originally Posted by TWiTCHY View Post
Nope, never gave the photo to anyone...but would the accused defend by saying that they never gave me permission to take photos of them?
I imagine since they used your photo willingly, their argument wouldnt hold in court. Essentially they would be saying...

"Well, I didnt give you permission to photograph me but since I saw the pic and it was me I decided to use it in my automotive sales ad"
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      06-28-2009, 02:40 PM   #10
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Or
"...but then again, I never gave you permission to use my photo in your ad."

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      06-28-2009, 02:43 PM   #11
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it comes down to...they used a photo with your copyright mark on it..and even if you didnt stash that little type on the bottom of the photo, its still yours and they cant use it without your permission.

they cant argue that you didnt have permission to take photos of them b/c they came to a car meet to show off their car...someone taking photos of it, is a normal expectation of a car meet , pretty much implied consent unless they had put a sign around it that said "no photos"
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      06-28-2009, 03:12 PM   #12
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Quote:
Originally Posted by TWiTCHY View Post
Nope, never gave the photo to anyone...but would the accused defend by saying that they never gave me permission to take photos of them?
If they are in public, they can be photographed without permission. Plenty of case law to support this.
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      06-28-2009, 04:14 PM   #13
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just let him have the photo of his car, its not like hes getting mass profit from it...
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      06-28-2009, 04:14 PM   #14
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Quote:
Originally Posted by TurboFan View Post
If they are in public, they can be photographed without permission. Plenty of case law to support this.
Unless they specifically state that they don't want to be photographed, right?
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      06-28-2009, 04:58 PM   #15
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I thought you wanted to sue him for what he did to the car
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      06-28-2009, 06:24 PM   #16
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Quote:
Originally Posted by TWiTCHY View Post
Unless they specifically state that they don't want to be photographed, right?
Nope. If that was the case, the paparazzi would be out of business.
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      06-28-2009, 06:26 PM   #17
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Sue them for what? There is no cause. You own the photo and you can ask them to take it down, but LOL @ the idea of getting money out of them for it.

You are not Ansel Adams, your photos are not gold.
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      06-28-2009, 06:57 PM   #18
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Um, cause? This is a civil issue, not a criminal issue. He could actually sue for a portion of the procedes of the sale of the car advertised by his photo.

The law protects any photographer without note of their skill or professional reputation.
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      06-28-2009, 11:32 PM   #19
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Quote:
Originally Posted by FStop7 View Post
Sue them for what? There is no cause. You own the photo and you can ask them to take it down, but LOL @ the idea of getting money out of them for it.

You are not Ansel Adams, your photos are not gold.
In terms of what they represent, my photos and Adam's photos are the same thing at the end of the day; pieces of property, only to be used under the original owner's permission. I highly doubt the photographic quality of a photo would be judged to determine whether its owner should be able to sue or not.

Quote:
Originally Posted by TurboFan View Post
The law protects any photographer without note of their skill or professional reputation.
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      06-29-2009, 01:36 AM   #20
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Quote:
Originally Posted by InsaneSkippy View Post
Yes you CAN do something about it, but in all honesty it's really not worth your time. Unless it's a company using the image to sell a product.

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      06-29-2009, 01:59 AM   #21
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Quote:
Originally Posted by asdflkijd View Post
Don't think so... the watermark just says that you took the photo.. Yes you may own it, but I think you have to have some sort of copyright/ trademark for you to take any legal action against them. But what the hell do I know? lol


IANAL, but I do have some fundamental knowledge of copyright law as the issues pertaining to it are pertinent to my profession.

Trademarks are for brand names. As far as copyright goes, an photographer automatically has the copyright to any work he produces. If you take a picture, *bam*, it's copyrighted for you. If you write an article or a book, same thing, it's automatically copyrighted for you. The exception to this is if you are working on behalf of a company, in which case the copyright would belong to the company for which you are working.

In short, that photo is the OPs copyrighted material, and the person using it is infringing on his copyright unless the use falls under "fair use". If it doesn't the first step would be to send a DMCA takedown notice to the infringer.

As others have commented, it's probably not worth it in this case however.
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      06-29-2009, 03:09 AM   #22
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^ haha love your avatar and the movie...just saw it.
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