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Copyright Infringement on Time Mag’s "#1 Blog in the World"
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I’m currently being told to cease and desist and am being threatened with treatment for extortion for lodging a claim for copyright infringement of my photography on their site and reparations through payment for image license. Cute :)
Perhaps they should learn to understand the meaning of the terminology they’re using before they start mouthing off to me like that. It’s rude.. and they are the ones who have broken the law – and now they’re refusing outright to prove where they claim they found the image marked as uncopyrighted (as if such a thing is done). How gullible do these people expect us to be.
Culprit: Time Magazine’s “#1 Blog in the World”
They are currently ignoring my emails for requests for absolute clarification of where they found my image declared as uncopyrighted, and have declared that they are not going to waste time trying to find out where they found it.
Their copyright notice makes the assumption that they can just remove copyrighted material if discovered, but takes no responsibility for the use of copyrighted material – sure, it’s great to get away with copyright infringement until the infringement has been revealed by the owner and then assume no responsibility – the law is not open to interpretation – it’s clear cut.
I have requested several times that they pay the invoice which I have sent them for the Commercial License for non-exclusive use of that particular image on their website and they may continue to use it, as this would satisfy their use of my image which remained unlicensed without permission on their website since March of 2012.
thats really irritating, what a bunch of f*****s. you’d think an organization of that size would have enough money that paying you your due fee for the use of the image wouldn’t even be noticed on their accounts. thats ridiculous.
I have discovered 5 other infringing websites, but to date, I have yet to receive an unsatisfactory response. I will report those in due course, but only when they have decided to play the ignorant party.. which I expect they shouldn’t. If you are guilty of copyright infringement, you do not have a case.
Own up.
Who are you reporting the offenders to?
I am in a similar position. A League of Ireland club used a photo of mine to create an advertisement for their season ticket and when I questioned them about it and looked for payment I was effectively laughed at!!!
I’m in the process of preparing a submission to IC3, and possibly taking legal action to get the overdue license fee if they continue to blankly refuse to even explain where they claim the image was declared as being ‘uncopyrighted’.
I don’t intend to purchase a photo that was posted as uncopyrighted.
Obviously their attempt to BS me backfired, because they didn’t make much of a case and have since told me:
I don’t have the link handy, nor do I intend to waste time searching for it.
I made their job of tracing where they could have found the image very easy indeed, by using Google Images Reverse Search:
As you can see, there are multiple records displaying the image on my own website (highonsnow/photogaff) and numerous returns from their own website. I fail to see any website which displays the image in part or whole as being uncopyrighted. But alas, no response, even after doing the hard work for them.
There seems to be an expectation that there’s no accountability for actions of this nature on the internet.
– UPDATE –
This matter has been resolved with the settlement of an undisclosed sum after much repeated communication and explanation of the copyright laws, implications surrounding the use of imagery without referring to the correct procedures outlined in standard copyright law and also the terms of licenses commonly used on the internet.
It was not resolved without frustration, but it has been a satisfactory outcome none the less.
Well done. It’s not often you hear of a search like you did and even less so to hear of success.
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