Hello Josh,
I'm new here and this is my first post (Hi, BTW), so possibly not that
wise for me to go against the tide here with this reply, but...
As I understand it, this person was not selling or making money from
your work - he was "just" displaying it on his Facebook profile and
otherwise not claiming it to be his (other than by the lack of due
credit).
While I agree that this is still theft and copyright infringement, I
don't believe that this is the best way to have dealt with this
particular issue.
Facebook is, or at least can be, one of the best advertising tools next
to Google - especially if something goes "viral".
Personally, I would have sent a polite message to the person pointing
out what they have done is copyright infringement, and is in fact
illegal. But I would say that they could still use the image as long as
they gave you credit and a link back to your web site.
I may even have gone as far as to offer an "official" web optimised
version with an inobtrusive watermark for their use. Even though they
may have used a high res snapshot of your work, it may not be showing it
off to its best.
If the other party agrees, it's a win-win situation really - they get to
use the photo and you get free advertising. As an aside, getting
"organic" links like this from a high PR site like Facebook will also
help boost your site's ranking.
Obviously, if the other party was trying to sell the image and take the
money for themselves, or claiming outright that it was theirs, or had
copied loads of images wholesale or ignored your polite request (or even
just said "no"), then yes, I would report it to Facebook, etc.
Also consider that coming down hard on people for something seemingly
petty in the grand scheme of things can foster ill will, and will make
you and your business look bad - even when you're in the right. That
person will moan about you to family and friends, and sadly, bad news
travels much faster and further than good news. It's better to give a
little leeway and foster good customer relations.
TTFN
>
> Hi Everyone,
> Wanted to share some info on a recent copyright issue I am currently having
> via facebook.
> At the Bayou City Art Festival a visitor to my booth took high resolution
> images of my work, and then posted it on facebook in one of his galleries,
> and also used it as his profile picture, without any permission from or
> credit given to me, the artist.
> I don't mind if people take photos of my work if they are going to use it to
> make a purchasing decision, with a low res camera or at an angle that you
> know they can't reproduce it, but to zoom in and take a close range,
> high-res photo of a work and to post it online where anyone can print it and
> use it is theft and copyright infringement. This is unauthorized use and
> distribution of my Intellectual Property and Copyright Protected work.
> Facebook has an automated DMCA form that is really nice to use - nice for
> the copyright holder, and probably makes it easier for them to deal with
> these things in a procedural fashion.
> So I submitted a complaint and I am waiting to hear what they are going to
> do about it. I also posted on the offender's gallery that thi sis my work
> and he should take it down...I haven't heard back yet.
> Anyhow - if you are a facebook user and feel like you want to help please
> visit the user's page and let him know he should take the image down.
> Here are 2 links to the image that has been posted on facebook:
> http://www.facebook.com/photo.php?fbid=453190089053&set=a.439517379053.230981.759189053
> http://www.facebook.com/photo.php?fbid=453190089053&set=a.439517379053.230981.759189053#!/photo.php?fbid=449599934053&set=a.449599479053.248545.759189053
> Here are links to the original image on my site:
> http://galleries.joshtrefethen.com/popular/3/790717017_zNKsC#790717017_zNKsC
> Please comment on the users gallery and let him know it is wrong to do this
> to artists and photographers.
> I will write a blog post soon about this and post a link to it here with
> further details and updates.
> Regards,
> -Josh
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