OT - Copyright Infringement

I apologize up front for the rant. But I've got to air this out...

I'm not naming names (yet), but ooooh how I'd like to! One of my favorite and best selling images has been stolen and submitted to at least two photo contests under someone else's name...

A big THANK YOU to the friend and astute forum member who alerted me to an image in the "finalist" gallery of a very high profile photo contest that he thought looked suspiciously like one of my images. Sure enough, it is. The would-be-photographer simply cropped off the bottom of my image which included my copyright, and then submitted away.

A little web searching and I found another current contest entry with the same image, an "Artist's Interview" displaying the same image and finally the perpetrator's website where they even copied some of my web content, word for word!

How on earth could someone think that this would be OK??

And it seems that this local photographer (whose website contains a link to this forum - I hope you are reading this!) is attempting to build a business, apparently using my image as a launching pad? Um, not going to happen! Documentation proof gathered, copyright infringement notices already sent to said photographer and contest sponsors, and calls to lawyer will be made Monday morning.

The nerve of some people!

End rant. Back to beautiful images by real, honest photographers...

"How on earth could someone think that this would be OK?? "
You've got me, Scott, but anyone who would do something like this obviously doesn't ask themselves that question. I hope this works out really well for you and really badly for the perp. Let us all know how this goes.

Sorry I did this to you, Scott, but your photos are just so much better than mine...

Name names! Let's get the ridicule/shame bus onto the highway!

Wow that's just really wrong on all levels. Not only stealing them, but using them in photo contests. Just amazing.

Took just a few minutes to find one contest containing the stolen image. Wow, is it really obvious. I have no idea why someone would do this (other than Todd, but he admits his doings).

Good luck on your quest to correct the situation and get reparations.

I can understand someone saying "hey would you mind sharing the location"? I've done that myself and I don't feel that's an infringement when I make my own image but when you outright take someone else s image and pass it off as your own is reeeeallly LOW! I hope the person who did it reads this forum regularly and this will serve as notice to do the right thing. Follow up Scott and I hope you prevail!

Scott;

Obviously a bold move by somebody -- did they manipulate the IPTC data? Do you have the image registered with the US Copyright Office? If so, it should be resolved fairly quickly.

Hope you get this cleared up.

CR

Wow! I have seen some pretty bold infringements but to submit a photo as your own to a contest? That's un-freakin-believable! Keep us posted on the outcome, dude.

Sorry to hear about this Scott. As Chris mentioned did you have metadata filled out for your image and how does that appear now. Also did you register with the copyright office? This will afford you some additional options when you talk to the attorney on Monday. The first being triple damages for copyright violation, additionally if this does go to court since it was registered with the copyright office the defendant would be responsible for the "reasonable" fees charged by your attorney as well in addition to damaged.

This is a good reminder for everyone to have your contact information populated automatically if you are using lightroom and to utilize eCO for copyright registration. Plenty of good tutorials on that either at the ASMP or EP website.

I've often asked myself how people who do things like this (and other crimes) sleep at night...unfortunately, they are so devoid of a conscience that they sleep quite well.

Let'em have it!

Makes you wonder who else he's stolen images from. And how long has he done this. I agree with Todd, drag him out for some public ridicule. I just went to his website but couldn't view any of his galleries. I have to say it is really tempting to out him.

Links, links! Show us some links! The suspense is killing me, I want to see the dirt. Is it John Fielder?

Maybe he/she will win the contest, then you can step in and take the prize.

Well thats pretty annoying to say the least! I'm with Jack and Todd on this one.

Scott,

I want to see the link. Go ahead. Baffling behavior. We need to know.

RichieV

I'm with everybody else for exposing the person but I think Scott is right for holding off a bit. If somehow this person could prove Scott wrong (which I don't think they could), it would open him up to potential legal repercussions. I'd love to know which photo was copied cuz after looking at his site they could all be my favorites.

I would like to know what photo contests and the links to them so we can all check if ours is on there as well. I am anxious to hear the outcome. Good luck and keep us informed.

As I indicated in my earlier response, the apparent rip-off is easy to find. A quick search of popular magazines and their photo contest finalists shows how it could have been done.

For example, in one of the magazine contest finalists there is one image that looks strangely like one of Scott's portfolio images less the area where the copyright sits.

And the list goes on... It is just remarkable. Google is your friend if you want to find more. It takes almost no time to get several others..

Thanks for the support everyone.

Jack, you are correct. I don't want to name names or put too many details in a public forum until I talk to a lawyer. Along those lines... Can anyone recommend a local copyright lawyer that they've worked with?

Chris and Neal, thanks for the tips and info. I should be covered there. That, and the infringement is blatant.

Michael and Kathryn, your concerns are very valid. But from what I can tell, other images displayed and submitted by this person appear to be their own. I will post some links later, if I can.

Man, that is just brutal. What a violation. As Stevn noted, it wasn't hard to find the image at the Outdoor Photographer website. I hope your legal recourse is effective. I also hope this person gets outed in a very public way on this forum. There cannot be any tolerance for this sort of thing.

That's pretty blatant, unless he was hovering right at your shoulder when you took the picture. Good luck with pursuing your claim.

Unbelievable! That just makes me sick to my stomach. Scott, I hope this works out for you, and if you need help, this group will no doubt support you! If you ask me, this goes beyond mere copyright infringement---it's criminal behavior.

EDIT: i just checked out that interview with the offendor--that is really pathetic. Well, hopefully after his reputation disintegrates that will be a lesson to others not to do this sort of thing.

A cloud is like a fingerprint...no two are alike. I'd say it's a match!

Scott, i just found another one of your images that was also posted by this same individual in another local contest--apparently he likes your photos! Ill email you the link! He cropped this one--but it is still pretty darn obvious!

Ok, now this is getting weird....with the latest photo that i just discovered in another contest, the photo is obviously the same--the sky is identical, no way the clouds could have been the same in both images unless this guy was standing behind Scott's back. But here's the weird part: a brown patch in the contest entry has been obviously cloned out from Scott's photo, but also the bottom has been extended, there are parts of the contest photo that arent in Scott's photo. A very careful look reveals that the bottom portion has been entirely "created"--this guy actually cloned in a significant portion of the bottom of the photo! Crazy!! This guy is a menace--needs to be shut down.

Went to take a look...when I first saw that photo, I thought it looked familiar/similar to one I'd seen before...pretty tight crop. Keep us posted Scott as to what a copyright lawyer says...we could all learn something.

The pure stupidity on showcase here is fascinating, sad and infuriating. I can't believe this is a real photographer, who is currently trying to get linked into the Colorado/Denver community across the web - AFTER said ripoffs. Obviously some loose wiring here. To attempt this within the primary outdoor photography publication alone is ... well, stunning.

"Where do you get your inspiration?"
"I have always had a passion for [scott bacon] nature photography, so I view the whole world as my [scott bacon] canvas in a manner of speaking. My inspiration has always come from [scott bacon] the flowers at my feet and the mountains on the horizon. Although, I would have to say that from my earliest memories my inspiration has also come from the photography great [scott bacon] Ansel Adams."

Wow, completely unbelievable! This clown even belongs to a Denver area photography club...

Ah, I see it now... what was he thinking??? So strange.

Not for long, I'll bet! He needs to go hide under whatever rock he came out from under. I gasped when I saw the stolen photo on the OP site. Then the local photo club image? Hell, I ripped off that image from Scott years ago, but I did it by hiking up there and taking it myself. My reward? Minutes later I got hammered by one of the most intense lightning storms I've ever had the displeasure of hiking through. Serves me right! I've never published the photos from there, lest the karma return.

Scott, I guess next time I should as for permission to use your photos for my own benefit. But I liked them so very much.

I can't believe that someone thinks that they are not going to be caught doing stuff like this.

Jesse, you made it too easy to find him....

That really is one of the most shocking things I've seen. I wonder how often such things happen and we never even notice?

Just wondering if anyone has contacted him yet to get his side of the story? There is absolutely no doubt who the image belongs to. There could be the VERY REMOTE chance that someone else used his name and Scott's image with a 3rd party address to collect the prize. Again, this would be HIGHLY unlikely but it's not out of the realm of possibility. He may not even know what's going on. I AM NOT sticking up for him but just want to make sure everyone isn't judging before the guilty verdict is read.

If he did do this, then I'd say we all send an email to OP as well as Scott following up with legal action. This would be about as low as you can go.

Just my $0.02. Full refund if not fully satisfied.

Can someone send me some links? I can't seem to locate the offending photos (I think I'm looking in the right places).

Wow--I'm sorry that happened to you. I found the photo and interview--it's perfectly brazen. If it's possible to receive a criminally backhanded compliment, I guess you've got it, but now you'll no doubt be entangled in a legal mess.
I've never had to deal with anything remotely like this, but mabe I can give you a lead to finding an attorney. I was doing some internet research a while back, regarding a somewhat obscure legal point (regarding trademarks, not copywright). I found an article on a site called publaw written by an intellectual property attorney who turned out to be based in Denver. Here's a link to the article, so you can judge its legitimacy for yourself. The author/lawyer's contact info is at the bottom of the page. I hope this helps, and good luck to you. Keep us posted about your progress.
http://www.publaw.com/fairusetrade.html

Wow, just wow. Having been a finalist myself in one of the said publication's contests, this is scary. Can't believe this person thought we wouldn't eventually notice this though since the members here are familiar with each other's work and often enter the same contests. Wonder what they would have done if asked to provide a larger resolution photo for publication had they won? Hmmmm. Go get 'em Scott.

On the upside, you're a finalist in the OP contest. Just need to get them to change the name to yours. Good luck!

Seriously - this is sad and ridiculous, even more so because it probably happens far more often than we'd like to believe. This one just got caught by an observant viewer. Seems like contest organizers should require some sort of validation of ownership - a copy of the raw file, metadata of some sort... whatever. It shouldn't be necessary, but obviously it is.

Good luck getting this straightened out.

Thanks, again, everyone.

Tony, you bring up a very good point - innocent until proven guilty. The individual who was linked to as being the photographer has been notified, by myself, of each infraction and by at least one of the contest sponsors. They have yet to respond.

Maybe they just haven't checked their email...

Take him to court and teach him a lesson. If we don't, this type of stuff will continue. Sorry to hear about this though.

After getting pointed in the right direction, I have had a chance to compare the two images...WOW.
This guy either has a huge set of cojones, or is stupid...wanna guess which I'm voting for?
Public humiliation is too good for this guy.

Tony brings up what I think is a good point that should be considered here. In this age of ID theft, there could be another slimy worm stealing names as well as photos. So we shouldn't be on the attack so quickly, but carefully examine all of the facts as they slowly come in. Then, once you know what really happened and who took what, the "tar and feathers" can be applied to the correct person's backside.

You could be right (Tony). BUT I sincerely doubt it since the image is all over the place on multiple sites and as the same artist. If he actually did perpetrate this what an absolute dummie. As all of you know. This is a really relatively small tight knit community where we all know (and help) eachother. His website does have a link back to us guys here so he as been out here before.

RichieV

Too bad he doesn't list Scott under the "Great Photographers" section of his site...or maybe it's better that he doesn't.

Really sorry this has happened to you Scott! It appears that this guy is a member of NANPA too. I'll bet they would be interested in how this all unfolds. Good luck to you!

I'm sorry to hear this Scott. The pic on the OP contest is obviously the same as yours. Sometimes I wish my images were good enough to tempt someone into trying this with me.

Thanks for bringing this outrage to light. Kick some a** and unleash the wolverines on this poser.

Wow - what a complete loser. Sorry you are having to deal with this a-hole Scott. I hope you go after him big time, as well as contacting all the groups, organizations, etc that he is a member of.

Regardless of who the actual guilty person is, it is really sad that anyone would rip-off another person's photographic work.

It's great to see that we are such tight knit comunitiy and that someone was able to recognize the infringement.

I hope that you will get full credit for your fantastic image!

This Guy is a NANPA Member has entered the same image in more than one contest each for $1000 prizes. It's also apparent he does read this forum and the Main Forum as well. Scott Im sending you an email to one of the Contest Sponsors.

I was going through the photos wondering which one it was and it literally jumped out at me. I've admired that photo from a long time ago. Though I don't know that I'd testify as an expert witness, it's not just the clouds, but the hues in the sky, that earmark it. Best wishes with this turning out well, Scott. At the least there is some complementary encouragment hidden among the bad.

People routinely amaze me

Hi Scott:

You should email/contact Outdoor Photographer and tell them with proof, and get it removed as questionable copyright...MAYBE you'd get an answer. Being a finalist in the same contest, though I don't expect any award (it's just fun), one does agree to the terms by entering that the copyright is your own. It might ban him from ever entering again. MIght be the least thing you're worried about but just a thought.

Thanks again to those who have provided me with information and for all the moral support. It is really appreciated.

All of the website and contest sponsors that I (and others) found my images on have been notified of the copyright infringement, per the Digital Millennium Copyright Act of 1998, including Outdoor Photographer. Some of the sponsors acted very quickly and have already removed the infringed image.I've received emails from others which are reviewing the issue.

Wow...this is really a sad and frustrating event, Scott. I hope you're able to resolve it quickly and this jackass gets exactly what he has coming.

Quote from interview...

Where do you get your inspiration?
I have always had a passion for nature photography, so I view the whole world as my canvas in a manner of speaking. My inspiration has always come from the flowers at my feet and the mountains on the horizon - {as well as other people's Web sites? - ed. note}. Although, I would have to say that from my earliest memories my inspiration has also come from the photography great Ansel Adams.

Be interesting to hear his side...

Ken

Just when you think people can't go any lower. Unbelieveable. Sorry it happened to you Scott. One good thing...I don't think I'll ever have to worry about stuff like that...Ha! Please let us know the final outcome. This guys got a rather large lesson steamrolling his way.

I just find the irony that in this thread there is copyright infringement. It could be considered a fair use excerpt but most likely does not follow those guidelines.

Anyways, as mentioned earlier by Tony this morning you should have the all the details before jumping to a conclusion. Additionally the actions of what is posted here in this forum could also provide further fire to the issue at hand and could provide more harm than good in Scott's dealing with this issue.

The bottom line for everyone is to make sure that they are registering their images at the Copyright Office as this provides you additional protection in instances like this. Yes you own the copyright at the time the picture is taken but you can not file a lawsuit without registration at the copyright office. Additionally make sure you are taking your files with your metadata which can be done in any program and this will become more important when (not if) orphan works legislation passes.

Ugh, I hate having to use such ugly watermarks on my work, but its times like this I'm reminded of their purpose.

So sorry to hear about this Scott, lets hope this clown R**n gets his rear handed to him in the best way you can, by hitting him financially for the damage done.

Neil, just FYI, quoting brief passages from other works is considered "fair usage", especially if it's obvious it's a quote. I debated whether to include a reference to the source, as it seemed we were all trying to keep an arms length from specific identification. But since you brought it up, technically I should have included: http://www.facebook.com/note.php?note_id=116775873724.

I appreciate your keeping me honest!

Regards, Ken

Ken, I did mention in my post "it may be considered a fair use excerpt". Normally I wouldn't have said anything, but while in a thread about copyright issues it only made sense to show that with information so readily available you have to be careful on both sides of the matter. I always find the safest way to handle fair usage for text is to include the excerpt, source and a link if it exists.

Neil.

You're absolutely right Neil. Ken just blatantly stole my excerpt joke! That's not fair use at all. You're walking a fine line, Ken.

While perusing this guys galleries, it's odd that NONE of his landscapes are even remotely as good as "his" contest entry. Also, "his" entry is nowhere to be found in his galleries...unless he took it down. If this guy did do this and not some 3rd party he is the ultimate definition of stupid.

Just coming in to this. Sorry for the hassle Scott, I hope it all works out well and you get compensated.

What a pain to have to worry about something like this. Makes a good case for getting those registrations done that I've been thinking about.

For what it's worth, it looks like OP has pulled the offending photo. The thumbnail is still there, but the link to the actual photo is dead. Glad to see they acted on it relatively quickly.

It appears they've pulled the thumbnail as well. Good riddance!

Ken

A follow up for those interested...

To the best of my knowledge, all the infringing images have been removed from the web. And formal legal actions are underway...

Thank you, again, to everyone for their support and levity.

Good!

I hope this person is paying your legal fees too when all is said and done.
Get after 'em.
It's still just so bizarre to me that anyone would think for a second that they'd get away with it. I'd like to hear what kind of defense he puts up for this.