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A series of books, using a photograph I took, without my permission!

Started by willysmb44 , Nov 09 2017 09:16 PM

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#1 willysmb44

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Posted 09 November 2017 - 09:16 PM

SON OF A...
https://www.ww2warco...dents.org/shop/
I just stumbled across the publication's on this website. Scroll down after a few of them. Notice the photograph on the cover of several of the later listed ones. Notice the jacket and the typewriter. That's MY photograph, of my collection.
We're not talking about someone just having a photograph off of Google, without researching where it came from, and putting it on a website. Those are covers of Publications that they're charging money for.
I just found this, and you can imagine how ticked off I am at this very moment. I did send him a message explaining if those were my photographs, that they were never free use, and they need to contact me. There's no way to actually call these people, but they have my message, my email, and my cell phone number. I'm not exactly sure what to do at this point, even though I am familiar with copyright law. It's a simple matter of how far I really want to pursue this, I guess.

WarCoOriginal.jpg

Edited by willysmb44, 09 November 2017 - 09:24 PM.


#2 Patchcollector

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Posted 09 November 2017 - 10:07 PM

If they've profited from the use of your property,then you are entitled to compensation.Seek counsel.



#3 dunmore1774

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Posted 10 November 2017 - 03:26 AM

the whole thing seems a little fishy to me.  the website looks professional (except for some obvious typos)  but the only content is a bio of that guy and lots of ways to buy the books.  it says it is located at the McArthur Museum in Norfolk, but the actual website for that museum makes no mention of this war correspondent museum  within the museum.  And to steal someone else's image to use a cover for multiple books in a series,  seems very fishy



#4 268th C.A.

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Posted 10 November 2017 - 04:49 AM

Hello I'm not an attorney, but I always thought when something is put on the net,  such as a photograph, it became public domain. From that it can be used by anyone.?? I noticed along time ago that post even on this forum are out there. Just by searching the web. So all photographs posted here are free to all?  I do see some with names across them from the collection of....Those I believe would have to be contacted by the owner for rights to be used. Again I'm not a lawyer and this is just my opinion of what I thought.....Interesting topic. I'll be watching this....

 

P/S I can side with your frustration. 



#5 268th C.A.

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Posted 10 November 2017 - 04:54 AM

I'll add this too. A few years ago my sister, who is a beautiful lady, was looking at a web page, selling vitaman suppliments, Front page was a picture of her in a bikini. 100% her. She does not know how the photograph ended up on there. So whats one to do?? 



#6 Rakkasan187

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Posted 10 November 2017 - 07:47 AM

Unfortunately I have seen a lot of this happen and since then I have started putting watermarks on pictures that I post..

 

I hope you will be able to resolve this issue..

 

Leigh 



#7 Bob Hudson

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Posted 10 November 2017 - 07:56 AM

 I always thought when something is put on the net,  such as a photograph, it became public domain. 

 

No that does not make it public domain. 

 

As for taking legal action: that typically would require hiring an attorney with some expertise, who would require money upfront. The "winner" here would be whichever side can spend the most on lawyers. 



#8 Bob Hudson

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Posted 10 November 2017 - 08:26 AM

Have you tried this contact info:

 

The Talking Page Literacy Organization

1500 King William Woods Rd
MidlothianVA 23113
Contact: Martin Chekel Title: President Phone: (949) 510-1804 Website: www.talkingpage.org

The Talking Page Literacy Organization is the only company located at 1500 King William Woods Rd, Midlothian, VA 23113


#9 Sgt. BARney

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Posted 10 November 2017 - 08:39 AM

I agree with Mr. Hudson.

What is the potential monetary gain (if you decided to go that route) versus the legal fees to pursue it.

Asking permission first sure would have been the right thing to do, and provide credit where it is due (to you) in the publication when they use your image.



#10 Patchcollector

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Posted 10 November 2017 - 09:29 AM

There are a few threads already discussing these topics here on the Forum.

 

IIRC,there is provision for use with no penalty called "Fair use".This allows use for educational reasons,or to make a point in a discussion,etc..

 

If someones' images are used by others without the original owners permission and they are profiting monetarily from it,then the original owner can seek compensation.

 

I believe that there are regional and age of material factors as well.

 

Seeking professional counsel is the best way to get the best, latest info.



#11 sgtdorango

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Posted 10 November 2017 - 10:33 AM

It looks like that website and the books are definitely a little fishy...my guess is they are e-books...info gathered from google searches and thrown together and only cheaply printed when an order is placed...still stinks they stole and used your photo im just saying my guess is they arent legit books to begin with....mike

#12 67Rally

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Posted 10 November 2017 - 11:34 AM

It looks like that website and the books are definitely a little fishy...my guess is they are e-books...info gathered from google searches and thrown together and only cheaply printed when an order is placed...still stinks they stole and used your photo im just saying my guess is they arent legit books to begin with....mike

I tend to agree with this thought. I've had a few of my photographs ripped off for use in publications that after I called them on the theivery, they responded appropriately (compensation, removal, etc.). One of them was used in a text book that ultimately I received decent financial compensation for. It was an instance of an employee at a publisher sourcing an image to replace one that was unsuitable for print. What was funny is that they gave me credit in the book but never notified me. A friend of mine was congratulating me when she saw it in the book and I was stunned. 

I hope that you get this resolved, I'd be pissed, too!



#13 willysmb44

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Posted 10 November 2017 - 12:37 PM

I have a pal who is an international copyright attorney, but he's out of the country for several months, so I can't ask him.

"Fair use," is a phrase everyone likes to use to justify stealing images online and using them in way they should pay for, and it's as old as the internet. I know way better than that. Heck, a photo of my own private property, taken in my own home, requires a release from me, regardless who took it and invited the world to use it(which didn't happen, but you get the idea).

I agree this is something cobbled together. There's no phone # to call and they of course haven't responded to my 'contact via the website' message. I highly doubt they will call.

Funny, I was just at he MacArthur museum this spring, and they were not selling anything like this, as I for sure would have noticed it.



#14 mikie

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Posted 10 November 2017 - 01:33 PM

I cannot comment on the legalities of the situation (other than that it stinks), but I can say it is a good picture of some interesting items.

Mikie

#15 72psb

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Posted 10 November 2017 - 06:36 PM

My father was in the 72nd Publicity Service battalion and was attached to the 3rd Army from the breakout to the Nuremburg Trials. He was in contact with all the correspondents that passed through his unit. I sent an E-mail to the address on the site Lee posted.We will see if they respond. If genuine I would think the author would be curious if I could add info to his subject. I am not holding my breath.



#16 BEAST

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Posted 13 November 2017 - 12:35 PM

Lee, I think it is explained on his website. "Martin Chekel believes that everyone has a duty to help each other,..." Obviously he just helped himself...to your photo!

Hopefully you can get some fair resolution with this guy.

#17 willysmb44

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Posted 13 November 2017 - 01:10 PM

I did a search and found his email.

We'll see what happens...



#18 Dave

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Posted 13 November 2017 - 04:21 PM

He's one of those guys who is far more impressive in biography than in real life. I kept clicking through the links to find something "real" about the guy (maybe some references about him or his companies, other than what he wrote) and there was very little out there. Very, very little for someone so "impressive" on paper. In fact, his biggest claim to fame is his company that had offices in New York, London, and Los Angeles, but when it's googled, it comes up with three hits...all from his own writing. 

 

Things that make you say: "hmmmm...."

 

Sorry that you have to put up with this headache!
 

 

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