Should we feel violated?

In my opinion the photos are being used to sell boats, and hence are being used for commercial gain. They should ask for permission of the boat owners to use the photos in my opinion. I am an amatuer photographer who on ocasion has sold some photos. Here is what istockphoto (a source for royalty free photos) has to say about using photos of others private property:

.1 - Property Release:

The requirement for a property release isn't as clear-cut as for a model release, because there is no specific right of privacy that attaches to property, as it does to people. Having said that, there are at least two reasons for obtaining property releases: (i) on the theory that a person's identity might be connected to the property in question (such as where a person's property is used in a manner that might defame the person as owner); and (ii) on the basis that to use someone's property for commercial gain without their consent may amount to an offense called "conversion". Also, if you go on someone's private property to take a picture of them or their property, it could amount to trespass.
iStock recommends that a Property Release be obtained when the image contains identifiable property wherever possible (this isn't just for houses, it could apply to pets, cars and other personal property. The more recognizable and unique the property (and the more the owner's identity might be connected to or determined from the property) the greater the need for a property release.
The Property Release needs to signed by the legal and beneficial owner(s) of the property or their authorized agent. Many of the same formalities apply as for Model Releases.


Jim on Wild Blue was a professional photographer and I would be interested to hear what he has to say on the matter.
 
The only people who can view those pictures are members.

Actually, anybody can see the photos as well as right click and save to disk. Bill could fix it so that can't happen, but there are a lot of us who like to do that and don't mind sharing our own. I do agree that using the pics in ads is rather brazen, but I also think that them being posted on a public forum makes it legal, even though it is chinsy, to do so. The software is set to prevent "horking" so nobody can hot link to pics on our server, but setting the albums to member-only view or disabling the save capability would probably hurt our members more than the one or two people who would take advantage of us.

Bill will have some thoughts on this one. He loves this kind of stuff!
 
Well, the third one, the 25 with the white bouy on top is our C-Alaska. I guess I wouldn't have put any photos on line that I was too worried about, but it seems a little flakey.
 
If a photo of our vessel was used for advertising, I would feel honored that it was chosen.....however, I would certainly appreciate that a request of me be made for authorization to do so.

That being said....if someone superimposed our vessel in a picture at the "Columbus Day Regatta" in Florida, I might have a problem with it.....particularly if my wife saw it.... :mrgreen: However, certain C-Brats could most likely get away with it as that is why some of us proudly wear the name "brat"..... :lol: LOL!
 
I thought it was common practice to identify a picture of a similar boat as "sistership". While this picture issue doesn't cause me any great concern, it does get my attention regarding the access essentially anyone has to what we post. Sometimes I think (if I think) I'm just talking over the back fence to my neighbor, when in reality my remarks are available for anyone to see.
 
Since a photo of C-Cakes is being used as the main photo on the factory's website opening page I thought I'd chime in. I did not know they were using the photo until Peter of C-Dancer mentioned it on this site. My thoughts when I found out were mixed: A. Cool, wait'll I tell the kids/friends, etc. (and I did). B: A little irritation that they never asked my permission even though Merv of Kingfisher (Grumpy) took and owned the picture. Finally I have settled on: I'm pleased that they are using my boat's photo on the factory site but I wish they had the courtesy to ask first or at least tell me they were doing so and if they are going to use the photo at least caption it correctly (it's really not a 25 in Catalina harbor.) I think they are legally OK since photos posted on the web apparently aren't really private, see the current hoorah about Miss SC or something being blackmailed with MySpace candids.

Having said all that, I'd be fairly PO'd about my boat's photo being lifted by some unknown Brat and sent to Amalgamated Boats For Sale and if they were paid for doing so I'd be redfaced and stomping around. I'd contact the dealer and tell them they did not have my permission to use the photo and to get it off their advertising.
 
I spent my professional life protecting ownership of images, through the Professional Photographers of America, our state professional association, and on our own. I was on a national committee that helped develop the PPA's stand on copyright protection. Yes, the usage of those images is not legal, although most private avenues to pursue damages aren't worth the effort. The "big guys" (like Wal-Mart, K-Mart, etc) have been sued and LOST copyright infringement cases. It actually became a source of revenue for our professional association (can't say I'm happy about that, either).

Here's my (definitely biased) take: "using" (insert "borrowing", "stealing", "referencing" or any other term you prefer) someone else's image without express permission (and posting an image here does NOT imply permission for others to take that image) is wrong. Someone that would do such a thing likely has no other ethics, and I would certainly recommend NOT DOING BUSINESS with these types. If they will steal an image, will they be honest in their other business dealings? If they're not fair in taking something that doesn't belong to them (to promote their business), will they be fair in pricing service work to their customers? It's easy to plead ignorance, when the plea should be something else.

The factory should provide images for their dealers, or the dealers should shoot or purchase images themselves. If they contact an owner and ask for permission BEFORE ANY USAGE, and get that permission, well that's a different story. Some folks would be proud that their images are being used that way.

It's an ugly can of worms, but stealing is stealing. If they were using my image without permission, I'd be making some demands... forcefully... and with the backing of my professional association and their drooling lawyers.

You can't copy an author's book. You can't duplicate a studio's movie. You can't "knock off a few copies" of a CD to give to friends. Unless it's "freeware", the software you use in your computer is copyrighted. Images are protected likewise.

Yes, people do it (steal images). Some people also shoplift. Or rob banks. The fact that they do it doesn't make it right. They are stealing someone else's intellectual/artistic property.

And in the words of the great philosopher Forrest Gump: and that's all I got to say about that.

Jim B.
M. Photog. Cr. CPP
 
dogon dory":1wadhxgd said:
we already have the ability to limit who can see an album via the "permissions" function in the "album actions" tab below the album thumbnail.

.

Where is 'the "permissions" function'? Thanks.
 
The "album actions" option only appears when you look at your own album and I cannot see a "permissions" option there. Since these pictures are posted on an open forum and anyone logging in can see them, they could also link to them and not actually "post" your pictures on their website. I think by posting these in the open internet, we give "permission" at least tacitly, to do just that.

Charlie
 
I guess I am going to have to disagree with most of you.

If I take a picture of private property in a public place (could be a photo of another boat), that photo is mine to do anything I want to with it . If I take a picture of something I own (a picture of my boat) and I give it to a commercial business without restrictions, they can do anything they want to with it.

The photos given to C-Dory with the hopes of them using it on their web site (used to sell boats) then why the fuss about them being used for that purpose by one of their dealers? The photos could have been supplied by C-Dory and not pulled from this site.

Go back to enjoying your boats and quit trying to make a mountain out of a molehill.

I do not want our photos restricted to members only.

________
Dave dlt.gif
 
oldgrowth":2tr88p63 said:
I guess I am going to have to disagree with most of you.

If I take a picture of private property in a public place (could be a photo of another boat), that photo is mine to do anything I want to with it . If I take a picture of something I own (a picture of my boat) and I give it to a commercial business without restrictions, they can do anything they want to with it.

The photos given to C-Dory with the hopes of them using it on their web site (used to sell boats) then why the fuss about them being used for that purpose by one of their dealers? The photos could have been supplied by C-Dory and not pulled from this site.

Go back to enjoying your boats and quit trying to make a mountain out of a molehill.

I do not want our photos restricted to members only.

________
Dave dlt.gif

Thank You Dave-

I heartily agree!

However, I can see Jim's point about professionally done images and the need to protect them, definitely!

Enough said already!

Joe.
 
If you want to set permissions for your photos, you have to have them in albums.

You do not have the ability to set permission for individual photos.

________
Dave dlt.gif
 
Back
Top