What to do about picture reuse...

[crawfish]

Hello, it seems someone is using my mini photo as their own image.
:cussing:

Well, I should say I\'m assuming this guy prolly bought the mini from me a while ago and is reselling it.

However, he just copied my image directly and didn\'t bother to take new pix as if he did it.

What do you guys think I should do?

My original:
http://coolminiornot.com/137661

The new:
http://coolminiornot.com/170534

???

 

[PegaZus]

Yeah, that\'s pretty uncouth. You could always send a message to the guy to please at least acknowledge that it was your picture. Past that, might not be worth a lot to try to do anything. Might start watermarking your pictures of stuff you sell off.

Had that happen to me once on ebay. Wrote the guy that I really enjoyed his photography skills, as he was truly very very good at it and if he could give me any tips on how he got such beautiful pictures, linking to the page he stole my pictures from and asking for comments on my picture. He wrote back that he didn\'t understand what I was trying to say. I think the British call this type \"a git\".

 

[skeeve]

Taken directly from Coolmini FAQ. Boldface is mine

As a rule of thumb in most countries, unless she\'s sold the rights, the person who took the photograph owns the copyright of the image.

This should not be confused with trademark or passing off issues, where a distinctive design is \"copied\" and used to advertise something else.

eg. It\'s fine for you to take a picture of a GW miniature (you\'ll own the copyright to the picture), but it is not ok for you to use the picture on a website claiming you sculpted it (you\'ll still own the copyright, but will probably get hit by a trademark/passing off action which will restrict your use of it).

The painter of the figure generally does not get any rights in the picture unless, of course, he took the picture. However, we endeavour to make sure all work is properly creditted and will act if someone is passing off another person\'s work as their own.

I believe he is in violation of local law and common decency. I would alert moderators. It takes exactly 30 seconds to ask an author a permission to use the image.

 

[DrEvilmonki]

Man they don\'t even look the same, what are you on about!!!

 

[crawfish]

Originally posted by DrEvilmonki
Man they don\'t even look the same, what are you on about!!!

:drool:

 

[Dragonsreach]

Action taken

Sent this by PM also via the ask question on Ebay.:

You have been identified as breaching the copyright of the artist \"Crayfish\" by posting the images he took of the Blood Angel Dreadnaught an posting on Coolimini in a link to an Ebay Auction.
You have not credited the painter on your ebay auction and as such are also misrepresenting the goods, an occurrance which could get you banned from Ebay.
Please have the courtesy of either removing the images, Aknowledging the Artists copyright and /or publically apologising in the forum thread http://www.coolminiornot.com/forums/viewthread.php?tid=22826&pid=360507#pid360507

Dragonsreach


I\'ll allow a short period for a response.

 

[DrEvilmonki]

Originally posted by crawfish

Originally posted by DrEvilmonki
Man they don\'t even look the same, what are you on about!!!

:drool:

You are drooling on me? Man that\'s harsh.

Just kidding (and in case you didn\'t get it my first reply was sarcasm).

 

[vultureyo]

hey sorry ya im selling it its the only pic i have dont have a camera... didnt know who painted it wasnt trying to take credit. will edit it with your name. sorry is it ok if I use your pic? 8(

thanks, chad

edit: also of course when model sales i\'ll take it off my list so it will be gone. sorry about all this didnt know i was doing anything wrong.

 

[airhead]

Probably should have used a photobucket account instead of CMON to host the picture for the auction.

Should have asked first if it was ok to use the picture to sell the mini. Most of us probably would not have been upset, but to do it after is rather un-cool.

Be sure to credit the original painter if it is not yourself. VERY un-cool in a site that rates painted minis. Without credit, it looks like you are trying to get the mini rated as your own. That borders on fraud and is punishable by law.

the \'Hey, sorry. Yea, I\'m selling it and it is the only picture I have as I don\'t own a camera.\' (edited for grammar & English) remark is rather flippant and does sound very disingenuous.

 

[Rodnik]

hey sorry ya im selling it its the only pic i have dont have a camera... didnt know who painted it wasnt trying to take credit. will edit it with your name. sorry is it ok if I use your pic? 8(

thanks, chad

edit: also of course when model sales i\'ll take it off my list so it will be gone. sorry about all this didnt know i was doing anything wrong.

I call b.s.

There\'s nothing that can be said that would ever make me believe otherwise.

Craw\'s model and Craw\'s picture and you didn\'t know who painted it?

A simple search on CMON with \"furioso\" would have shown the owner.

It\'s obvious vult knows how the site works....

sigh....friggin\' people..

 

[vultureyo]

\"I call b.s.

There\'s nothing that can be said that would ever make me believe otherwise.

Craw\'s model and Craw\'s picture and you didn\'t know who painted it?\"

I\'ve had that picture saved on my comp since I bought the model from him. No I wasn\'t trying to act like I painted it... I could care less about a E-rep for painting here geez man. I gave credit on the other stuff I was selling that I knew who painted it. I wasn\'t posting them here for ratings but to be seen by alot more people who would buy it. I am sorry and I\'m not lying. I do have respect for the original painter. I\'m having money issues atm and am having to sell all the models Ive bought over the years and have alot on my mind. this is my last post Im removing it and wont be back. I love this site but I\'m not going to be persecuted and try to defend myself to someone who wont listen anyhow. believe whatever, but sorry crawfish. I loved your model in the time I owned it. later, Chad

 

[manikmunky]

whether he did wrong or not, in his defense he did fully credit the original author to one of his other sales, as I checked out the sale for the Legion of the Damned. He also linked the profile of the original author/painter to check out the ratings of the items he was selling.

 

[Spacemunkie]

By god people - give young fella-me-lad a break! It\'s hardly the crime of the century - the original painter loved the piece so much they flogged it and Mr Vultureyo has even been good enough to appear in person to apologise.

Fair play I say!

:beer:

 

[airhead]

It is not my appology to accept, but I harbor no ill will. I stated my case and he explained why he posted on CMON. Fair enough - I wasnt\' bright enough to think of that myself.

Lesson learned and move on.

Come on down to the freak bar and I\"ll buy a pint.

 

[Avelorn]

I agree with Spacemunkie, fair play!

:beer:

and beer.

 

[freakinacage]

Originally posted by Spacemunkie
By god people - give young fella-me-lad a break! It\'s hardly the crime of the century - the original painter loved the piece so much they flogged it and Mr Vultureyo has even been good enough to appear in person to apologise.

Fair play I say!

:beer:

aye agreed. well put that man

 

[generulpoleaxe]

bah, string \'im up.

we ain\'t \'ad a good \'angin\'round these parts in years.

 

[crawfish]

Wow, I didn\'t realize I\'d start a firestorm here. Thanks for Dragonsreach \'s quick action, and I also appreciate Vulture\'s response.

Yeah, I was a little disappointed when I saw it myself that he credited someone else for another auction but not mine.

I guess I should have just emailed him myself first but I didn\'t want to seem like I was fishing for credit -- though now that this has blown up it went even beyond what I intended :redface:

 

[demonherald]

warning may go a little off topichere.
I mentioned it on this submission

salamander auction

and people seemed to take offense....got a fair few snipes I tell ya....
thescore next to your rating doesn\'t count as your vote does it??? so I wasn\'t trying to knock it down just stating a point and a few people got their knickers in a twist..got a few p.ms telling me so daftness really.

The problem is that allowing auctions only through galleries can cause problems like this ..like I said the guy there credited the artist..But people were responding as if it\'s his work
..If it was me I be a bit bummed that all the hard work I\'d done was immediately sold on to make a profit for someone especially when I had arranged a price with them...but hey that\'s me...as for an ebay pice being resold then that\' up to them as long as the work isn\'t claimed as that persons ownthen that\'s fine.

The system does get abused a little as any sysem like this will...just look at some of the \"studio\" scores....things like a 9.2 average with registered score average of 7.2 that is clearly abuse of the system done to give that ebayer the chance of more bucks.....

Fair play to them and as said already it ain\'t the crime of the century but it does undermine the site a bit....similar to a high ranked artist with 5 submissions of 1 great piece .....

it sucks but in this case the guy has come back unknowingly made a mistake and has answered with an apology..well done you:beer:

I suppose my little gripes would be best somewhere else (in the bin maybe) but it is 4.20 a.m and I\'m a little grouchy so please don\'t hurt me....

 

[vultureyo]

though I said I wouldn\'t be back just was really upset today. just wanted to say..

thanks to some of you and crawfish.

*grabs a beer*