How should I handle this?

[RaceImages]

Last night I was at the track and there was a guy there selling penciled drawings of cars. He freely admitted to several people that he copied the pictures of the cars from my website and just drew in a generic background. I did not get the chance to confront him about it but word spread thru the pits rather quickly that I wasn't exactly happy about it and had asked a few drivers to please not purchase them. I looked for the guy the rest of the night but never could find him so I never did get to say my peace (that may not have been a bad thing).

Just wondering what some of you opinions were on how I should go about handling this situation, it will come up again in a couple weeks when I make a trip up to Chico for a show.

[Killjoy]

Wow. I don't know what you could really do about that.
Other than make your web site password protected for each event, and give those to the drivers from each event.
That would prevent people like that from getting to the photos.

But it would also prevent the random sale from fans.

Double edged sword?

I don't know how it works if someone is drawing your photos as far as copyright infringement.

[RochinPhotography]

Well there is the right way and my way. HAHA.. My way would be to walk up destroy his images then destroy him....


The RIGHT way would be to contact your attorney and see what options you have as far as copyright protection. Then supply him with a letter from your attorney ;)

[RaceImages]

Originally Posted by RochinPhotography

Well there is the right way and my way. HAHA.. My way would be to walk up destroy his images then destroy him....

I think that is probably what would have happened if I had found him. Probably a good thing for me I didn't. Would have hated to spend the night in jail.

[Killjoy]

Did you speak with an attorney yet?

[imagefxphoto]

well, I know we all reguard our photos as our own creations, but really, it's us capturing things already happening around us. If an artist decided to do that with my photos, I would be flattered, and simply ask for the proper credit.

[RochinPhotography]

Proper credit would be Payment. My gear and time is not free.

I may be assuming here but if you feel payment is not needed I'm guessing your a hobbiest? I would love to meet someone who makes there living off there photography and agrees with not being paid for there work.

Its the same as if I used your images to promote my photography. Its called copyright infringement. If the guy is that good of an artist he could sit at the track with his own camera take an image and draw from that.

[Abel]

the part that makes it tricky is that he's selling drawings of your own images...

Shepard Fairy is in the middle of a lawsuit right now over the HOPE artwork:
http://www.californiaphotoforum.com/...ead.php?t=4258

you still have copyright privileges on your photos regardless if someone is taking photos of them or merely recreating them via pencil drawings..

you spent money to get your equipment to take those photos, you spent time learning how to take those photos yet someone is there tracing/recreating your photo via pencil in order to sell... heck if they had the ability and or knowledge they should do their own photos to recreate, then theyd be fine.

[imagefxphoto]

Of course I am a hobbyist. And I will tell you why. Because I started out trying to make my living off of photography, and it took the love out of it for me. The average price for professional photography is highway robbery. I based my prices off of a few different websites, and I actually felt BAD for charging so much. So now I do it all for free. I have an education, and a fairly lucrative job as a building inspector, so of course it's a luxury for me. But I consider what I do art, and imitation is truly the most sincere form of flattery in my mind. Now, if someone took my photo, and just printed it out with their name on it, that's one thing, or if they photoshopped it to look like pencil drawing, of course i would take offense. But I know for a fact that no matter how clear the photo, I personally can't draw. so he is taking my work as his basis, and creating his own art through means i do not have.

[imagefxphoto]

what puzzles me about that lawsuit over the obama photo, is does this person have a signed release from the president?

[imagefxphoto]

It's all very relative to how you see your own photography. I see it as art, and i believe art is created for the enjoyment of others, so really my photos are not my property, but the property of those who view them. I may put image fx photo across my project pictures, because to me that's a part of the finished product. But there's one thing you never have to worry about distracting your eye on any of my images, it's that stupid copywright logo!

[RaceImages]

no I haven't spoken to my lawyer yet, he's on his first family vacation in 9 years so I think I'll let him relax for a bit.

Word spread rather quickly about it so I may have seen the last of him but if I do see him at another event I will be tackling this issue head on and put a stop to it.

[RochinPhotography]

Your one of those. How would you feel about people that decided to be building inspectors and not charge clients?


As for the Obama photo No release needed as he is a public figure in a public place. AP was there for media.

[RochinPhotography]

Originally Posted by imagefxphoto

It's all very relative to how you see your own photography. I see it as art, and i believe art is created for the enjoyment of others, so really my photos are not my property, but the property of those who view them. I may put image fx photo across my project pictures, because to me that's a part of the finished product. But there's one thing you never have to worry about distracting your eye on any of my images, it's that stupid copywright logo!

And this is why the industry has gone to ****

[windrivermaiden]

amen Jonathan....

and why I have a day job now... :-(