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  #1  
Old 08-18-2008, 08:45 PM
maglex maglex is offline
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Join Date: Dec 2005
Posts: 380
Default 300kb and Photo Piracy

Good news to everyone who have been requesting for a larger-sized photo upload!

Everyone will have the opportunity to better appreciate the image quality that this will offer us here at TE. Color quality will definitely be better with less compression but for those who would choose to take advantage of this option will always have the dilemma of these 300kb-photos being pirated as already experienced by some TE members, gurus or not (I'm one of the latter :> )

Somehow, TE needs to have some control mechanism to avoid the download of photos by anyone without the owner's permission, inside or outside of TE...(and this would remove all functions of the Workshop and my learning experience will greatly diminish!)... I've seen images posted with large captions over it, and my opinion is, well...it destroys the composition of the image...I am not an expert on this issue and only have the slightest idea how it can be resolved. But the question now is, what is piracy? Do I not subject my work freely to everyone's use when I upload my photo here at TE which leads us to ask ourselves as up to what extent was the image used (one advice was not to upload your best photos, but once everyone does that I'll be having several accounts in other photo networks where you can post anything...). Section 18 (last part) of the Terms and Service says

“YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TrekEarth WILL HAVE NO LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH YOUR USE OF THE TrekEarth SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.”

My opinion is if somebody is making money out of your works without your consent or knowledge then that can be considered piracy.

What are my options here, to which authorities do I direct my complaints to?

What about the different existing anti-piracy laws in different countries, some may not even have this?

Can this be considered as an infringement of intellectual property rights? Or do we just let it go and share the World in the true spirit of TE...

Maybe TE can help on this and still keep Section 18...

Alex
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  #2  
Old 08-18-2008, 09:04 PM
rushfan2112 rushfan2112 is offline
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Join Date: Feb 2006
Posts: 460
Default Re: 300kb and Photo Piracy

Hi Alex.

Look - you, me and tens of thousands of other TE members (and millions of other internet users) face the same 'risk'. A 300kb file will print to a minute size - albeit that it can fill a web page.

The reality is that this is a posting site and, if we choose to post our images on here, we do so at our own risk - the same as we would on any similar site. We can watermark our images, we can disble the right mouse click and do all manner of complately meaningless things that will have zero impact. Let's not forget that we are here as non-paying guests.

The only hope we've got is to catch someone doing the downloading and make it clear that we want either (a) the going rate for the image they're using and/or (b) them to stop using the image. Better still, do a 'mane and shame' job on them if we can let their customers know that they stole an image to promote themselves or their services / products.

Other than that, we just have to get on with it.
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  #3  
Old 08-18-2008, 09:05 PM
rushfan2112 rushfan2112 is offline
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Join Date: Feb 2006
Posts: 460
Default Re: 300kb and Photo Piracy

sorry - typo - should be 'name and shame'...!
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  #4  
Old 08-18-2008, 09:47 PM
Davids Davids is offline
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Join Date: Oct 2004
Posts: 585
Default Re: 300kb and Photo Piracy

Alex,

stealing is wrong, and there are people that don't care about it. If you don't want your photo's to be stolen, don't post. If you do want to post . . . post as small as possible (500 pix max.) and explain why . . . or do the ugly marking thing.
All other photo's can be stolen in a few seconds.

If you want TE to do something . . . write them . . . and I'm sure a lot of members will support you (me including) . . . because we all had this problem sooner or later.
But it'll take a lot . . . watermarked photo's for non members . . . maybe smaller format photo's for newer members . . . tracing all IP adresses of pages visited . . . same with the members . . . plus a range of simple low tech measures . . . and even that is far from waterproof.
But TE has no sugar-mama (or dady) to pay for all this . . .

and if that isn't enough . . .
on this website;
http://www.photolawnews.com/
you can read a lot more . . . not every thing is related to your question . . . but it could help you to make a proposal to TE how to (re-)organise things :) . . . Yep . . . TE can't help you . . . you have to help TE.

complain about theft you do on the forum here . . . we try to figure out who own the site and give you advise on what and who to write to . . . the success rate is minimal . . . but sometimes it helps
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  #5  
Old 08-18-2008, 11:40 PM
AdrianW AdrianW is offline
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Join Date: Mar 2003
Posts: 1,596
Default Re: 300kb and Photo Piracy

Unfortunately as it stands there is no way to prevent image theft online, other than not posting images online.

Anyone with a PC can just press PrntScrn at any time, and everything on the page will be copied into the clipboard as one big image. Doesn't matter whether you embed the images in a flash anim, or add some annoying javascript to prevent right clicking; one key press bypasses them all.

Our best approaches are two fold (IMO), firstly clearly mark your copyright on each image; and secondly don't upload anything in a commercially useful size. I know what you're going to ask next, what's a commercially useful size. Depends on a couple of things, what they plan to use it for, and how hung up on quality they are. A local restaurant produced a calendar, and had clearly culled all their images from Flickr. I've found my images used in someone's professional online portfolio; in both cases that's despite clearly marked copyrights and relatively small images. The copyrights were cloned out, and the size didn't matter.

You could also investigate digital watermarking. Unfortunately it seems very expensive for what you get IMO. Looks like the only really useful option at Digimarc is a rather eyewatering 499USD/year...
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  #6  
Old 08-19-2008, 05:24 AM
green green is offline
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Join Date: Aug 2003
Posts: 1,348
Default Re: 300kb and Photo Piracy

Adrian's right, there's nothing to be done successfully protect any pictures posted anywhere on the web from being potentially "stolen".

To look for possible unauthorized use of your picture on the web you can try for tineye.com. It work like a search engine but instead of searching from word, it search from a picture. It's still pretty much in beta version as they still have a lots of indexing to do. But I think that in time, it could become a very useful tools. Through this tool, I've found out that a couple of my picture has been used in a couple of blog and one of them has been heavily edited.
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  #7  
Old 08-19-2008, 12:51 PM
oochappan oochappan is offline
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Join Date: Jul 2004
Posts: 2,385
Default Re: 300kb and Photo Piracy

It wouldn't harm neither that people would be well informed about the possible consequences of steeling photos up to 20.000 US dollars fine, certainly on a free site that aims for top ranking in google to sustain itself by advertisements.
Some might have the impression that because it is a free site, photos can be used for free. How many times you get a reply that they ware not aware cause a student was setting up their website.

Proper information always helps, what would medication be without any posology, demanded even by law, likewise the ingrediants of food .... why not doing likewise on a free site ?

If there is some extra effort involved to copy, people are even more aware of their theft which could be even better prosecuted by law.
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  #8  
Old 08-19-2008, 02:47 PM
maglex maglex is offline
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Join Date: Dec 2005
Posts: 380
Default Re: 300kb and Photo Piracy

Yes, I think I agree with you Henk. A pop-up message that would be telling the person who wants to download the photo that the file about to be copied is copyrighted and protected by law or something...this way, at least the downloader was informed prior to any actions...

Does that tineye.com work for free? Havent tried it yet but I will in the future...
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  #9  
Old 08-19-2008, 05:19 PM
maglex maglex is offline
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Join Date: Dec 2005
Posts: 380
Default Re: 300kb and Photo Piracy

I found this from the weblink Davids gave:


10 Common Misconceptions of the Law for Photographers

True or False:

1. You do not need permission to photograph a work of art that is in a public area.
2. A news publication may use your photograph without your permission because it is fair use.
3. You need a model release to use a photograph of a person on a book cover.
4. If you make money from a print, it is a commercial use.
5. You need a property release to use a photograph of a house for a commercial use.
6. You have no copyright protection for your photos until you register them.
7. Statues and other works of art on federal or state property are in the public domain.
8. Photographs of works in the public domain also are in the public domain.
9. If a stock agency requires a model or property release, then it must be legally required.
10. If you take a photograph while working, the copyright to the photograph always belongs to the employer.

If you believe that any of the above are true, then you can learn more about how to protect your photographic rights and your work.

Take my advice; get professional help.
PhotoAttorney®

http://www.photoattorney.com/2006/08/10-common-misconceptions-of-law-for.html
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  #10  
Old 08-19-2008, 05:31 PM
UnTrained UnTrained is offline
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Join Date: Sep 2006
Posts: 333
Default Re: 300kb and Photo Piracy

Alex, I hope you have the permission from the author of those sentences and also the publisher. Otherwise this is Copyright Infringement. Ulf
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