Unauthorised usage

[Ivan Garcia]

while perusing my web server logs, I found this.
http://images.google.com/imgres?imgurl=http://www.ledb.co.uk/ivan/IGD_4235.jpg&imgrefurl=http://earthpal.wordpress.com/2007/01/&h=591&w=800&sz=578&tbnid=N_au5oNh8ZDo4M:&tbnh=106&tbnw=143&hl=sv&prev=/images%3Fq%3Dbullfighting%26start%3D288%26gbv%3D2% 26ndsp%3D18%26svnum%3D10%26hl%3Dsv%26sa%3DN&frame=small
Can any you advise me as to the legal connotations (UK based) of this unauthorised usage of my image?
Asher has already provided some guidance thru our PM exchanges, but, I would like to hear from some one that has deal with this problem first hand.
Also what are the legal connotations of for Google usage of my bandwidth? (Note the image is a direct link to my server)

[Don Lashier]

Ivan, in at least one US court case this was found to be fair use.
http://en.wikipedia.org/wiki/Perfect_10_v._Google_Inc

I'd have to say I tend to agree. Google has hundreds of links to my images and I've made at least one rights sale due to this. Note that they do normally link to the context web page, not directly to the image itself.

- DL

[Ivan Garcia]

Thank you Don.
You raise a good point.
As an un-know photographer, I should welcome all publicity :-)

[Nicolas Claris]

Thank you Don.
You raise a good point.
As an un-know photographer, I should welcome all publicity :-)

hmmmm

one sale for hundreds links, where image good be stolen? not a fair deal for me!

[Don Lashier]

On doing a little further research I've apparently over-estimated my own popularity on google images :) I based my initial impression on simply searching for "lashier" which yields 459 results.

It turns out that only a small percentage of these are actually my photos, and I couldn't find a single one from my own site, only on sites that I've granted use to, or sites like OPF or Uwe's site. Even when doing very specific searches I've been unable to turn up any links to my own galleries, or even other photographers' galleries in fact. Google seems to filter out any image that isn't surrounded by a certain threshold of text. I've got several searches that turn up links right at the top in normal google, but nothing or indirect results (eg via Wikipedia) searching google images.

In any case I doubt that it's a serious source of image poaching. I get 100 times the referrals from web google and as I've just proven to myself it's easier to find my images that way.

- DL

[Ivan Garcia]

hmmmm

one sale for hundreds links, where image good be stolen? not a fair deal for me!

Hi nicolas, Don

The Google thumbnail was taken from a private blog (http://earthpal.wordpress.com/2007/01/ )
It was related to a bullfighting rant this guy/gal wrote, my image has since been removed from the article.
The thing that got my attention is that normally, my logs are full of request for images from within OPF; this one was from the above link, so I decided to investigate.
I am, none the less, pretty cheesed off; this guy hot linked the image from my own server. So, not only did he use my image without permission, he also had the nerve of stealing my bandwidth.
I have emailed the culprit, warning him that legal action will be taken for any future unauthorised usage of my images.

Don.
Some time ago you asked me about third party cookies on my images.
Well, those cookies allow me to keep track of my images, I can see who, when, and where my images are viewed or used.
Not bad for a simple cookie uh?

[Don Lashier]

Hi Ivan,

I guess I mis-understood the original concern. You are right, this is annoying - it happens to me also, but it usually passes with time. Fortunately there's an easy way to prevent this via web server configuration but I've never bothered.

Plus, after doing my bit of research, I'm surprised that google indexed the image given the indirect association with text.

- DL

[Ivan Garcia]

Wow.
An Honest person this blogger.
The folowing was sent to me via PM.
I will omit the name of the person.

I joined this group because it was the only way I could get a message to you. The blog "earthpal.wordpress.com' is my blog. I haven't recieved the email the Ivan said he had sent so this was the only way I could get my message to you. I will delete my account after I've posted.

I just wanted to say a huge sorry to you for using your photo without permission. In all honesty, I was ignorantly naive about using pictures from the internet for my blog but I've since learned that I should firstly get permission and then give full credit.

I was aware of the bandwith thing though and I have always saved pictures to my documents and then uploaded them directly from my computer so I can't understand why the picture in question was linked directly from your site. I can only think that I did it in a rush and without realising.

I'm very sorry and embarrassed. It was done innocently and it certainly won't happen again.

This was my reply


Hi ****.
It takes courage to register and apologize.
I do believe you are sincere, so your apologies are accepted.
In future, please ask me about using my pictures, if I decide to grant you usage rights, make sure the following rules are followed.
1 Copy the image to your own server
2 Full accreditation must be given.
3 State Usage rights were granted and place where I can be contacted (this forum).
I recently posted some very graphical pictures in the same thread. If you want to use them for future updates on your blog, please ask me first
With regards of my email, I did not send it; I could not find a contact link on your blog. I knew you took the picture from this forum; it is the only place I post my Images. I posted my annoyance, in the hope that you would get in touch with me; to my pleasant surprise, it worked!


Needless to say, I am delighted with the way this issue has been resolved.

[Nicolas Claris]

Needless to say, I am delighted with the way this issue has been resolved.

So do we!

A good demo of what can be achieved with good communication and honest persons. If only everybody…