Somebody stole my photo

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I kind of feel bad for him (kragmeister). Suing is not the solution. I wish he would just get into his photography work in a positive way (and take that site down, I do not have one about him, and never will). Photography for me is a positive thing, and it should be for him. I wish him no ill will at all, and I hope he takes wonderful photos to share with everyone. Life is too short for this stuff. I know this guy, and he needs to fall in love with the world and his camera again. My father just died, and he taught me alot of things, one of which is being positive and professional and to help others and share with them.
 
I, for one, would be interested in seeing the 2 sets of photos. Let us judge whether the similarity is uncanny or not.
 
Did they steal your photo, or copied your composition? You can copyright/own one, but not the other... at least that's my understanding.
 
I would love to post some photos

I would love to post some photos

When I have some time later this evening, I will post a few pics. I would love to share them with this forum!!!
 
Somebody stole your CONCEPT, not photo

Somebody stole your CONCEPT, not photo

x-ray said:
Unless this is the ACTUAL image that you made there is no legal issue.
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End of that discussion.

But I'm not trying to be an a--. I feel for you because I've had the same done to me. As they say, imitation is the sincerest form of flattery.

If it continues to be important, then you need to be the guy marketing it and make the money first. Let everyone else follow and pick up the crumbs.

But, chances are if they were willing to just go do it themselves, you wouldn't have made money anyway.
 
Kragmeister said:
How about having your body of work similarly swiped and used as the basis for a Masters thesis? A former "friend" appropriated my ideas, locations and techniques and duplicated numerous photos of mine...
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That's really low-class and it shows that when we are young we do not often know how to choose the right "friends".

Yours is a classic story of malicious opportunism.

After reading this thread, I have to say that this is a compelling reason why many artists might work in complete isolation, only to copyright and publish their work when it is complete.

Gary Stochl now comes to mind...
 
Stealing a "concept" would be a lot more difficult to prove. A year or so ago my email box was overflowing and my phone ringing continuously "Hey Al, did you see the tne AT&T commercial?"

For a couple of years a toy monkey Monkette had made regular appearances (and still does!) on my blog http://thepriceofsilver.blogspot.com and suddenly the same toy monkey was starring in AT&T commercials. I couldn't find an attorney to take the case. "AT&T will call it a coincidence" they all said.

On a local basis Monkette and I were able to leverage her new found fame into her becoming somewhat of a celebrity, specializing in being a political consultant. She gets invited to all kinds of parties, and is well known around City Hall. This is the TRUTH, preposterous as it might seem. We went to a "meet the candidates" forum the other night and everybody was trying to get in a photo with her, hoping that they'd get a mention on my blog. A few days earlier I got an emailed invitation to a campaign kick-off party. The invite said to bring Monkette and that I should tell her that there would be fresh bananas along with the other refreshments. (She had a good time!)
 
Kevin said:
That's really low-class and it shows that when we are young we do not often know how to choose the right "friends".

Yours is a classic story of malicious opportunism.

After reading this thread, I have to say that this is a compelling reason why many artists might work in complete isolation, only to copyright and publish their work when it is complete.

Gary Stochl now comes to mind...
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I don't know anything about either of these guys other than what's in this thread (and on the "accuser's" website). I'd caution anyone against putting too much stock in one side of a story from a random person on the internet. From looking at said person's various websites, it seems clear that he has a lot of not-entirely-rational issues with a lot of people... best to go about your business the way you want and not take too many lessons from strangers who may or may not be cranks.
 
Many years ago when I visited Yosemite National Park, some of the concession stands were selling maps that showed the exact spot where Ansel Adams set up his camera to take his iconic photographs. Does that relate to this discussion?
 
I have sympathy for the OP, but it is pretty tough to see how you could really pull off a successful case based merely on the principle that someone stood in the same place. Not really a copyright issue at all I would think, although I have no expertise in the area. If the facts were extreme -- EXACTLY the same elements, an intentional copy of all features, etc. -- maybe, but I sure as heck would not advocate spending any money litigating it.

If the place is really well known, even tougher.

Without suggesting this is the situation here, it reminds me a bit of something that happend to me a couple years ago. I was doing some street shots in NYC once and photographed a guy selling his photographs -- he got all livid with me and said "no photography, no photography" (bit ironic, really). I think he seriously thought I was trying to "steal" his shots. Given that they were incredibly cliched NYC shots, it was a bit comical. ("Wow, you know I had never thought that the Brooklyn Bridge might be a good subject for a photo -- bet no one has EVER thought of that.")
 
ClaremontPhoto said:
In the USA you have lawyers and you sue. In Portugal even a parking fine takes two years to go through the courts. And if we have an election each candidate promises an amnesty on parking fines so in the six months before the election people park anywhere they please.

I'm not going to do anything of course. I was just shocked to pop out for a beer and see my photo on the wall by the bar.
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contact the responsible for the calendar. contact teh business who sponsored it. talk to them first.. if they act indifferent go to the papers; papers always in need of something to talk about.
it will be embarrassing for the ad agency and the business, they may do something about it. at least you will get publicity for your work.
 
A Bulgarian friend of mine found two models and a location in the old town of Plovdiv, he arranged them....and had a "friend" with him who shot everytime my friend made a photo.....he had the guts to take part in a contest with that.....
Well that sucked big time
 
>>If the illustration were substantially similar to the photograph, there will be an infringement.

maybe 20 years ago (?) a prominent NY artist painted tacky NYC postcards and was hauled into court by the original postcard company.

back when I was a young artist, I had a number of people directly rip off my ideas... I just took the stance that my life wasn't over and that I would have many more original ideals than them... sadly, they went on ripping off people and seemed to be more successful than me.

I agree with those that say a photograph of a public place are questionable for claiming as your own... just like I've know a number of photogs that attempt to shoot their own versions of famous Ansel Adams photos...
 
Last summer I took a road trip to Greensboro Alabama to see where Walker Evans took his photos. And today there's a piece on the New York Times front page about the very same thing.

Damn.
 
You can't copyright, or own a scene that you did not create. Only the original creator can claim any rights. Most landscapes are owned by one guy, and he doesn't bother with the courts.
 
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The issue appears to be more related to plagiarism rather than copyrights. Interesting there hasn't been a denial yet...
 
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