Hi, Chris.

 

My feeling on this is that if you don't make an plausible effort to correct the shanghaied photo's proper credits it might be construed as tacit permission if the picture is used in the future. I don't know the laws but that's my sense.

 

I would be after the person who is taking the credit for the photo. If he cropped your copyright then he's stolen your property. I would ask the author for proof that the image is his. Would guess any publisher worth their salt would insist that pix be submitted with a copyright on all images in which case Dave's Garden could be helpful if they wish to support your efforts.

 

I would definitely go to the next level of pursuit. I'm not sure how far I would go with it but I would go forward.

 

I'd bet this happens often. What's the upshot for someone found to have stolen copyrights?

 

Joanie Anderson

 

Yesterday I was messing around with tineye (a service that helps you
find copies of your photos around the Internet) and found one of
my older photos over at davesgarden.com with my copyright notice
cropped out and someone else's below the photo.

Here's the page with the original photo:

   http://www.hort.net/profile/ros/rosru/

Here's their page (scroll to the bottom):

   http://davesgarden.com/guides/articles/view/298/

And here's a comparison of the two photos:

   http://bit.ly/iMtaCD

I sent a note yesterday asking that they attribute it, but so far,
nothing has changed.

Here's my question...  How do you guys feel about it?  Should I
just let it go?  Should I send a 'formal' request through the
Digital Millenium Copyright Act (which I abhor as far as laws
go)?  Or is this going to end up making me look like a bad guy
more than anything else?

To be honest, I don't care too much EXCEPT that the guy cropped
out the copyright notice and then attributed the photo to himself.
If they had said 'Courtesy of Christopher Lindsey, www.hort.net'
or something I'd be much better about it.

What do you think?

Chris

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