Copyright Infringement on Facebook

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 this is 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.

I will write a blog post soon about this and post a link to it here with further details and updates.

Regards,

-Josh

http://JoshTrefethen.com
http://twitter.com/joshtrefethen
http://facebook.com/JoshTrefethenPhotography

I never let anybody (that I catch) take photos in my both. We were doing the Charlevoix Apple Fest. in Charlevoix MI. 2 weeks ago and saw a young Asin woman was walking around, by her self with a video camera. I was watching crowd wandering in and out of my tent and I looked up and saw her walking by. She stood out to me because she was alone and had the video camera up and was just panning back and forth from tent to tent. I walked out side and watched her take a hard look at the far side of my tent, as I approached her she put it down and walked on. As she walked toward the next tents I walked past her to a friend of mine, Paul Soma ("Oh My" Beach Glass) and told him (quickly) what I was seeing. He came to the front of his tent and we both stood there in the center of the door. As she came up to the tent across from us she walked in and started picking up different items and video taping them from top to bottom. The vendor (Linda) who's tent she was in, was next door talking to another vendor. Paul and I watched her pick up a third item and he went and asked her if she had permission to shoot the items. She looked at Paul and smiled and started to walk out. About that time Linda came walking back in, Paul told her what she was doing. Linda asked what she was going to do with the video, the woman answered in broken English "it for personal use", Yea right. I took off down the rest of the row and warned a bunch of vendors that had similar items. I got to the end of the row, turned around looking for her and she was gone! Huh? I walked the rest of the show and couldn't find her. It doesn't take a brain surgeon to figure out what she was up to. It's a bad deal that guy tried to use your image but we all need to keep in mind that once these photos are taken we have no control of what the end result will be. The next place you might see your items is in a Dollar Store with a "Made in China" sticker on it! I know that sounds like a long shot but it does happen.

Replies

Jeff Hamman October 25, 2010 at 11:21pm

I never let anybody (that I catch) take photos in my both. We were doing the Charlevoix Apple Fest. in Charlevoix MI. 2 weeks ago and saw a young Asin woman was walking around, by her self with a video camera. I was watching crowd wandering in and out of my tent and I looked up and saw her walking by. She stood out to me because she was alone and had the video camera up and was just panning back and forth from tent to tent. I walked out side and watched her take a hard look at the far side of my tent, as I approached her she put it down and walked on. As she walked toward the next tents I walked past her to a friend of mine, Paul Soma ("Oh My" Beach Glass) and told him (quickly) what I was seeing. He came to the front of his tent and we both stood there in the center of the door. As she came up to the tent across from us she walked in and started picking up different items and video taping them from top to bottom. The vendor (Linda) who's tent she was in, was next door talking to another vendor. Paul and I watched her pick up a third item and he went and asked her if she had permission to shoot the items. She looked at Paul and smiled and started to walk out. About that time Linda came walking back in, Paul told her what she was doing. Linda asked what she was going to do with the video, the woman answered in broken English "it for personal use", Yea right. I took off down the rest of the row and warned a bunch of vendors that had similar items. I got to the end of the row, turned around looking for her and she was gone! Huh? I walked the rest of the show and couldn't find her. It doesn't take a brain surgeon to figure out what she was up to. It's a bad deal that guy tried to use your image but we all need to keep in mind that once these photos are taken we have no control of what the end result will be. The next place you might see your items is in a Dollar Store with a "Made in China" sticker on it! I know that sounds like a long shot but it does happen.
Debbie Moyer October 25, 2010 at 7:19pm

Josh
I just tried both links - it appears that Facebook has blocked them, which is good news. It does appear that they are taking your complaint seriously.
Deb
Melanie Rolfes October 25, 2010 at 5:52pm

I am adding a sign to my next show,

"If your caught taking a picture of my work, you owe me a beer!"
- Jennifer Donald > Melanie Rolfes October 25, 2010 at 6:27pm
  
  The photo has been deleted.....................sweet :)
S. Michelle Babcock October 25, 2010 at 5:10pm

Looks like Twitter took it down. Good for you.
mark zurek October 23, 2010 at 5:04pm

Josh:
How did you manage to find these images on FB? Is this guy an aquaintance?
I responded to this on Berman's site, said I don't mind an overall image, or sometimes will allow a pic if someone asks. When someone with a DSLR frames an image, I ask them to leave.
The reponses reanged from "look out for lawyers cause photographers have rights" to the guy that suggested you be nice and ask him to share your hard work and creativity. Still laughing at that one
- Josh Trefethen > mark zurek October 25, 2010 at 12:25pm
  
  Hey Mark,
  
  I found the guy on FB quite accidentally - I was reading one of my friends pages, and saw my image pop up as this person's profile image. I would have never known if the image had been simply in his gallery.
  
  I am sure there are a ton of people copying my work that I can't catch. Explaining to people that "taking direct, zoomed in shots of my work is wrong", has become quite tiresome and a downer for sure. I am very polite and try to be non-confrontational - I get responses such as, "you should take it as a compliment", to outright cursing at me in my booth, in front of paying customers... (the last one was at cottonwood). However, most people respond politely and apologize. I then hand them a card and let them know that if they want to remember my work they can view it on my website.
  
  Finding this guy on FB was quite by chance. Capturing an artists work and then posting on FB and even using it as your profile pic without any permission granted or attribution to the artists is pretty blatant in my opinion. The suggestion of the folks on the other forum that we should be nicer about it and give them a free pass is laughable to me as well, and not even worth a response.
  - Josh Trefethen > Josh Trefethen October 25, 2010 at 2:13pm
    
    another update, this same user has my image in super high resolution on Flickr, available for download and print to anyone with an internet connection. He even claims a copyright on it...unbelievable!
    - mark zurek > Josh Trefethen October 25, 2010 at 2:31pm
      
      Well you are the better man than I over this. I might be making a personal visit to said thief, perhaps to emphasize my opinion.To those that chose to pepper their booths with no photography signs (Gary my next door neighbor at Bayou even had ones written in Japanese)I have a new found appreciation as to the why.
      I let the party shooters shoot.Hell, we all do the same as we wander thru wherever we wander but I draw the line at someone framing the images in the booth. I do this as non confrontational and politely as required, and have had but a few that want to debate.These ones, I ask to leave the booth and then engage in discussion outside the confines of the traveling gallery.The end result has been shaking hands, understanding the position of someone that takes the risks and has the investments we all do .Person to person always the better solution, IMHO.
      Just don't get those that wish to fan laurel branches at thiefs. Wonder if they actually partiipate or just watch from the sidelines.
      Good for you Josh.I have your back if you ever need it.
    - Larry Berman > Josh Trefethen October 25, 2010 at 2:21pm
      
      Now it really is interesting. How long will Flickr take to remove the image?
      
      Larry Berman
      Digital Jury Services
      http://BermanGraphics.com
      412-401-8100

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