Good grief

[ennuipoet]

So, I read Fstoppers blog quite a bit, and as I am reading the article, I see a photo that looks exactly like one of mine in the article. A little research and it IS my photo. There is no attribution as to the creator of the photograph on FStoppers, a website that routinely runs stories about online image theft. I follow the link back to the originating site, same thing hosting my photo no attribution. And this photo came for my blog, it is not on Flickr under a Creative Commons License, they out and out stole it. So, I just sent a message to the site that stole my shot demanding they at least link back to the site they stole the image from, if that doesn’t work I will DMCA their ass. Which is sad, because I am happy to let people use my work if they credit me. Anyway, the moral is watch your stuff like a hawk!
Article on FStoppers
http://fstoppers.com/the-horror-pumpkin-series-is-horrifically-beautiful
Site that stole the pic
http://www.walltowatch.com/view/10354/Amazing+Pumpkin+Sculptures
The Post they stole the pic from
http://freeversephotography.com/freeversephotoblog/2011/10/26/the-great-pumpkin-wants-your-braaaaaiinnnsss-charlie-brown/

[ennuipoet]

Update: Apparently the website took the photos from the Pumpkin sculptures website, and THEY used my photo without attribution or permission.

http://villafanestudios.com/gallery/the-pumpkins-2

I just wrote them sculpture asking for a link back to my site. I always feel a little weird photographing another artists work, but in the case I clearly feel entitled to credit for the photo. The composition, the post processing all contribute to a certain feel in the photograph making a unique work not simply a snapshot of the original. At least that is my interpretation.

Thoughts?

[Choc-Ful-A]

I think people viewing content online have a responsibility to comply with whatever terms the owner requests. So if they didn’t honor your terms, then you should ask them do so. If they feel they are except for some reason, then they can explain their position and you can decide whether or not you agree. But yeah, I think you should contact the owners of the website that start the chain of re-use.

[CauseISaidSo]

I think you’re entirely within your rights, ennui, and are being pretty reasonable about it by only asking for attribution. Even though it’s a photo of their art, it’s YOUR photo of their art and they can either produce their own or attribute yours.

[ravnostic]

It seems to me that your picture is your picture. Plain and simple. Credition. Due. Snap.

[ennuipoet]

I promptly heard back from the artist who did the sculpture. He not only will credit the shot, but wished to buy a high res copy.

Now that turned out nicely. I am going to sell the copy on the cheap, because the guy DID make the art.

[staplermofo]

Nice.
Two wrongs eventually led to two rights. The world is going to end up a pretty nice place.

[ravnostic]

Nice.
Two wrongs eventually led to two rights. The world is going to end up a pretty nice place.

//You do know there’s a Presidential election in a few weeks? 🙄

[Barracuda]

Good to hear all worked out well in the end. In an online world of internet tough guys it’s easy for someone to give the virtual finger to someone over such issues.

[ennuipoet]

I offered a lowball price for limited rights and the artist came back with ten times that much for full rights…today has been a good day. It’s nice to work with pros! 😀

[CauseISaidSo]

Awesome! Congrats, ennui!

[ennuipoet]

Here’s the follow up. I just completed the paperwork and received payment for my photo from Villafane Studios. (http://villafanestudios.com/) My shot will now appear on TShirts and posters for sale from the site and at promotional events around the country. The artists had taken pics of his creation but he loved the composition and post processing of mine enough to shell out a not insignificant amount of money, not new camera money but still very good returns. I will link the site again when he has the TShirts up for sale, which tickles me to think kids around the country sporting my photo on their pumpkin zombie shirts. 🙂

The lesson from this, if you want it, is your photos are worth money. Keep an eye out for them popping up on the Internets, talk to the people nicely, which I did, and profit!

Also, my Holiday cards are up on Red Bubble if you are looking for a cheap, cheesy Christmas card! 😛
http://www.redbubble.com/people/fvpncy

[Kestrana]

Totes awesomes! I may buy a tshirt when available, if they’re cool! Most people are totally cool when given a chance.

[fluffybunny]

Most excellent ennui,.. it is amazing how far a few gentle words can take you vs the in your face ranting some people resort to.

[orionid]

And it appears you’re credited across the board now.

[Author]

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