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Current Infringing, Fair Use and Licensed Images

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Here are some examples of three photos that show licensed usage, fair use and infringing. The one photo the sunset has been infringed, renamed, published on another writing site as public domain by the author. When I posted that my contact points lit up, seems attorneys are watching everything written about looking for business. Seems my infringement cases are gaining attention. Who would have thought. Just before the new year, I would never have thought I would be doing examiner articles on infringement, having my work being stolen all over the place and having the State of Florida working with me on photos I took back 2008. One thing is nice the photos are registered.

More Photos

I am not going to say much. The action of people who take content and use it against the rules and laws speaks for itself. The people who take content and claim it as their own for what ever reason also speaks volumes. The people who take content and rename it, circumvent the copyright by changing the name or copyright information on the content are in more serious trouble. Not only does that cross into criminal activity besides the quantity, fraud and other areas it has it own fine system and criminal punishment.

Of course all this hinges on the reactions to the take down notices, the cease and desist letters and the invoices. Yes I am going to be billing the worst offenders. the real serious are probably just going to notices of court action. The industry standard is 3x the normal rate per photo. The normal rates for licenses is for a six month license. If they keep using it after that it is now infringement because the license expired and that is the reason some laws and the courts are allowing the 3x the rate as the industry standard. Do not be in too big of a hurry because other issues may far exceed that billing. The billing also is considerably different for commercial licenses than editorial. The number you have heard me use is the editorial pricing. I have mentioned that before and the pricing list is posted on the magazine site and has been since late December.

Then the ones with the other issues are an issue. I had plans all worked out for letters and minor things. But after the issue with the public domain and changing the copyright notice on photos and then one changing the name of the photo it seems it is time to pull out the attorneys and see what happens. I got an notice today that several photographers are sending in DMCA notices to Pinterest and getting settlements. Pinterest has the TOS to protect them and people are losing. How long before Tumblr, Facebook, YouTube and others start getting their users sued. Check out PicScout for photo tracking and other ways to find the photos that people have "borrowed".

Here is a nice article to read about infringing for just one photo.

Disclaimer: I am not an attorney. These are my personal opinions and general information. The information should not be used as legal advise.

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