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Re: What to do about image theft
perennials@hort.net
  • Subject: Re: What to do about image theft
  • From: G* R* <g*@tiscali.co.uk>
  • Date: Fri, 17 Jun 2011 17:47:59 -0400

Hello Chris,

By cropping out the  notice, it's clear that this guy knew exactly what he was doing - stealing your picture. He knew the implications of the  notice and came up with this clumsy way to try to get round it. Maybe if he'd asked to use the image, you' d have said yes. That's not the point. He stole it, and he knew he was stealing it and that's why he cropped off your  line.

I'd give them a fright: Send them a "Cease & Desist Notice", and an invoice for the unauthorised online use of your image from 21 December 2007 (the date on his webpage) till now. You may not get any $$ out of it in the end - although if Dave's Garden really is legit then you should - but it will alert them to the seriousness of this issue.

Graham

AHS Encyclopedia of Perennials
Transatlantic Gardener blog
RHS New Plants blog
GrahamRice.com
GardenPhotos.com

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On 6/17/11 8:34 AM, Christopher P. Lindsey wrote:
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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