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Unauthorized use of my work by Alvernia University

Alain Briot

pro member
Here's the page where my work is used without my permission:
http://www.alvernia.edu/hecbc/index.html

Interestingly enough, this was a contest organized by the school's Fine Art Department:

Contest.jpg


If you are not familiar with my work, this image is the cover of my first book:
http://www.amazon.com/Mastering-Landscape-Photography-Luminous-Essays/dp/1933952067/ref=pd_sim_b_1

I called them but they are not taking it down and they are not paying either.
 
Looks like they are in the UK. Can you get a DCMA take down notice to the ISP or hosting company?

Sueing them doesn't look like a viable solution.
 

Mike Shimwell

New member
Alain

Not sure that the image on the page referenced is yours or not (a crop?).

Probably worth noting that this is not a well established UK university, but a Franciscan Foundation I think. They seem to have a couple of sites in the UK and maybe one in the US.

Mike
 

Cem_Usakligil

Well-known member
Hi Alain,

I don't see any photograph of yours on that page or on any other 1st level linked pages, did they take it down or am I looking at the wrong places?

Cheers,
 

Cem_Usakligil

Well-known member
They took it down. Replaced it with another photo. Probably used another one they found on the web.
Well, I am glad to hear that at least your picture has been removed from their site now. It's a shame that this practice of using pictures on websites without permission is becoming more and more common all around us. Their chances of being fined are lower compared to the benefits they reap by not paying for the usage rights. So they take the risk and when they are caught, they just remove the pictures and move on to some others, like in this very case.

Cheers,
 

Alain Briot

pro member
The copyright removal is a red flag. It shows that they did not want the origin of the photo to be known.

The other interesting aspect is that this was a contest organized by Alvernia University and won by one of their students. The student was rewarded for using my photo illegally by winning the contest and having "his" poster used for the conference! See the clipping at the start of this thread. It tells the whole story.
 

Mike Shimwell

New member
Interesting, given their proclaimed background, that they'd behave in such a dishonest way. Also, sad that they keep getting away with it.

I wrote to my employer recently explaining that I wouldn't enter an internal photgraphy competition as they wanted to claim copyright on all entries. I explained that if I had a picture they wished to display we could reach agreement on licence terms, but that rights grab is not a suitbale business model for a prominent firm in our line of business. Nor is it right for any business.

Mike
 

Alain Briot

pro member
Interesting, given their proclaimed background, that they'd behave in such a dishonest way. Also, sad that they keep getting away with it.Mike

Well, it's only words until they live up to what they say. The first thing thieves say when they get caught is 'I didn't do it'!

And, no one said they will get away with it :)
 

Ken Tanaka

pro member
Disappointing behavior from an educational institution.

But the more generally germane question is how did you discover this infraction?
 

Asher Kelman

OPF Owner/Editor-in-Chief
Here's the Alvenia University poster that features my photograph without my knowledge or authorization:

HECBC_Poster.png

Alain,

I'm sick to see this abuse of your picture. Besides stealing, they have no ides of design. The colors clash with your pictures. What hubris! This is not only a smack against rightful ownership of the fruit of one's labors but insulting to esthetic sensibilities.

Asher
 

Alain Briot

pro member
I agree. There's a whole different dimention of critique possible here. Starting with the horendous vertical stretch! just look at the clouds. Obviously, the photo had to fit the design, not the other way around. No respect for the image, but then what do you expect, I'd say no respect at all, period. People who do not respect others usually don't respect themselves either.
 

Alain Briot

pro member
On a different note I appreciate everyone's support. I posted it to show what happens. This is not the first time and probably not the last. It can happen to any of us unfortunately.
 

Asher Kelman

OPF Owner/Editor-in-Chief
Alain,

I wonder if this would come under libel per quod, libel by association. If you are not a part of their creed and their use puts your work in an inferior debasing public view, then it might come under this section of the libel law. You might get advice. One way to teach reach them. If this was used as part of a porn article or the like, it would be easier. But clearly it's a degradation and dismissal of your carefully designed photograph as a work of art. They are not claiming to make a new work of art. That, in itself would complicate things. Rather they are using it in a demeaning environment. So you might claim that people who know your work might think you sanctioned such a setting. It debases the value of your creative product. It's the setting of use that creates the libel per quod. Of course, I'm no lawyer!

On another note, how on earth did you discover what they had done?

Asher
 

John Angulat

pro member
On a different note I appreciate everyone's support. I posted it to show what happens. This is not the first time and probably not the last. It can happen to any of us unfortunately.

Alain, I certainly would like to believe you have the support of all of us at OPF!
I'm saddened to see such disregard for copyright law.

Have you contacted the University President directly?

More importantly have you contacted the University Board member seated as Legal Counsel?

Here's the pertinent email addresses:
University President (Thomas F. Flynn) tom.flynn@alvernia.edu
The Board of Trustees lists the University Counsel as Heidi B. Masano, Managing Partner of Masano Bradley LLP.
Interesting enough, Masano's law firm's website list NO email addresses.
However, I gleaned her address from the local Bar Association:
Heidi B. Masano: hmasano@masanobradley.com

To all members of OPF
- I'm asking each of you to take a few minute's time to compose a well thought out, professional email to each of the above listed individuals. There's power in numbers and I think we all need to support Alain.
 

Alain Briot

pro member
John's idea is excellent and if you don't mind I also encourage you to write to the people listed in John's email. This affects all of us, you never know when your photograph will be used against your will and permission. The most appalling aspect of this for me is that it was done by a higher education establishment. THey are expected to teach higher standards, yet they fall lower than street thieves... There's something wrong and they need to know that. I think the president should be the first one to be informed. I did write to all of them personally, including the provost.

Just in case some haven't seen it yet, this photograph is the cover of my 1st book:
http://www.amazon.com/Mastering-Landscape-Photography-Luminous-Essays/dp/1933952067/ref=pd_bxgy_b_img_b
 
On another note, how on earth did you discover what they had done?

Alain, I was wondering the same. Coincidence?

I can only talk of experience in a European context. I had a state agency steal many of my work and use it for their website. I spare you an epic description how it came to that.

I contacted them in a friendly way, and the funny thing was, next day half of the pictures disappeared, by far not all of them however, and a annual brochure was still full with my pictures.

Now, I do not believe in justice other than that a bunch of blood sucking solicitors and barristers will make sure they get an insane cut for any breath they take on your behalf, so I decided against legal action, but wrote another letter myself.

Here I quoted law text and possible implications, the full whack everything I could find in context. To this letter I attached an invoice for usage of my work. I made a reasonable invoice based on licensing for web use. However, it ended up being somewhat a total of Euro 2,500 all together. There were no penalties or anything else just reasonable pricing.

I set a short 10 days ultimatum for payment, otherwise the matter would be out of my hand and court activities would be inevitable. Of course, no payment came through, the Irish State is bankrupt!

So 11 days later I called the payroll department and increased the pressure.

The following day all my pictures disappeared.

Now, I have to say, I did not expect justice at all, my goal was to get them !@&^@£ to take down my work from their site. By sending an invoice and threatening legal actions, and.... helluva lot of publicity.... I got them to take all from their site.

Needless to say, very distressing experience, and time consuming to deal with.

It is a good idea to immediately send an invoice when you see your work being stolen, make this a matter of records.
 
yeah, missed that.

There are companies out there that offer a service, to scan the entire web and when they find someone using your work, they report back to you, even act on your behalf if you want.
 
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