Major newspaper steals my photos and digitally removes my watermarks

[The111 0]

I recently had some video footage on the Discovery channel. The show also interviewed my friend Scott who was featured in the footage. They then called some local newspapers in his area and prompted the papers to interview him. I thought it was funny that Discovery would try to drum up interest for a national show via local newspapers, but whatever.

Here is the article online; attached is a scan of the print version with two of my photos. Now, they gave me photo credit... how generous of them. They also noted on the internet version that the photos were "submitted" by me, which is not true at all. The photos were taken from my website, and my watermark was intentionally and digitally removed. Look at the second attachment... you can clearly see the clouds have been "re-constructed" where the watermark was. I knew this type of thing was a risk when I designed an unobtrusive watermark that did not extend obnoxiously across the center of the photo. I knew somebody would do something like this sooner or later... but I was not expecting it from a professional publication.

I will be getting in touch with the paper later today and quoting them stock photography prices for both images. I fully expect them to refuse me somehow, and I'm not sure how I'll respond to this. If they can find any legitimate means for purchasing quality photos of wingsuits in the air over Puerto Rico at a reasonable price... I will match that price. But I know for a fact they can't find that anywhere else.

www.WingsuitPhotos.com

[Bill_K 0]

[idrankwhat 0]

That's f'd up.
Keep us posted on their response....and yours.

[blackdog 0]

Quote

I knew this type of thing was a risk when I designed an unobtrusive watermark that did not extend obnoxiously across the center of the photo. I knew somebody would do something like this sooner or later... but I was not expecting it from a professional publication.

I feel for you on this issue. Make a watermark obtrusive though, that's the purpose. You can take them to small claims court. Good Luck...remember print media is dead, they will do anything in their last grasp at life including intellectual theft.....

[DSE 3]

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You can take them to small claims court. Good Luck...remember print media is dead, they will do anything in their last grasp at life including intellectual theft.....

It's not small claims under *any* circumstances. One small example, removing a digital watermark is a violation of DMCA, an automatic felony. Small claims court is never a venue for copyright, as copyrights are governed by, controlled by, and determined by acts of Congress and the Congressional library itself.
Copyright law is far too complex (usually) even for District courts, and most copyright cases will make it at least as far as a Circuit Court of Appeals.

In fairness to the newspaper, Discovery, and Matt, it's entirely possible that the release signed between Matt and the Discovery production company allows them the right to reproduce the images for promotional value (which would be entirely common). In other words, while the situation may suck, it also may be legal.

[indyz 1]

What they did with your photos goes beyond theft. Publishing doctored photos is a violation of basic journalism ethics. Heads should roll. Contact the paper's ombudsman (if they have one) or the editor with your before/after photos and demand a printed correction and an investigation into who was responsible for appropriating and doctoring the photos. If you don't get anywhere with the staff at the Hernando Today, move the up chain to the Tampa Tribune.

[c10edges 0]

If DSE's second point is the case, that sucks.

If not, sue.

You didnt spend all the money on your camera helmet and suits and jumps to have your stuff robbed by a professional publication.

[arai 0]

Wouldnt that only pertain to the video/work Matt sold Discovery? If I buy 1 video or photo from Matt, does that allow me to take any photo he's ever taken, and digitally remove the watermark to promote the show/thing that I produce?

Matt, was the image in question sold as part of the package to Discovery?

edit:
on second thought,
I highly doubt thats the case as then discovery would have provided the unwatermarked image to the paper.

Quote

Quote

You can take them to small claims court. Good Luck...remember print media is dead, they will do anything in their last grasp at life including intellectual theft.....

It's not small claims under *any* circumstances. One small example, removing a digital watermark is a violation of DMCA, an automatic felony. Small claims court is never a venue for copyright, as copyrights are governed by, controlled by, and determined by acts of Congress and the Congressional library itself.
Copyright law is far too complex (usually) even for District courts, and most copyright cases will make it at least as far as a Circuit Court of Appeals.

In fairness to the newspaper, Discovery, and Matt, it's entirely possible that the release signed between Matt and the Discovery production company allows them the right to reproduce the images for promotional value (which would be entirely common). In other words, while the situation may suck, it also may be legal.

[DSE 3]

after having reviewed Matt's release and spoken with him about the way this all took place, any discussion of Discovery is likely incidental. He's got a good case, and as mentioned earlier, the mere action of removing a copyright watermark for publication is a DMCA violation. I suspect Matt's already got the matter well in hand.

[The111 0]

Correct. I only provided Discovery with video footage. I did not provide any of my photos, nor were they mentioned in the license.

I just spent a good deal of time on the phone with Spot and got a lot of good advice. Thanks buddy. I will post an update in this thread at some point when this is all sorted out, but for now all I will say is it might be a little while.

www.WingsuitPhotos.com

[skyjumpsteve 0]

Matt, great photo! I was about to PM you to order it and right before I hit "send" I got the envelope out that had the 2 pics I ordered from you a few months ago and one of them was the pic in the paper.

Good luck with your dealings with your "friends" at the Tribune and keep up the good work of getting us crazy wingsuiters all the good press.

Peace,
Steve

P.S. Hopefully I will see you before then (Pepperell?) but if not I think I will be at Ballunar in October.

[c10edges 0]

Isnt Spot the bestest.

[DSE 3]

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Isnt Spot the bestest.

Apparently not when it comes to hanging on to toggles during landings.

[stratostar 5]

I had some photos I took and gave to a friend show up in a front page of a newspaper and I didn't get credit for the image or any pay. I called and left a MSG with the editor that said I wanted to talk to him about my copyright violation on my image in his paper and he needed to call me back ASAP, wasn't 10 mins later my phone rang and anc check in the mail. I pretty sure the reporter who submitted the story had one sore ass for sometime, any respectable publication will right the wrong with you because they all know you have them by the balls.

Let us know how it works out.

you can't pay for kids schoolin' with love of skydiving! ~ Airtwardo

[baronn 111]

Another good reason to own a Pre-paid membership. It wouldn't cost you a dime(other than the membership fees) to get some top-notch legal advice on how to pursue this matter. It sounds like a good case, but I'm not an attorney. I just have them on call when I need them. You can contact me for more info.

[skysohigh77 0]

I also have Pre-paid membership and it is well worth it!!

[mnealtx 0]

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I also have Pre-paid membership and it is well worth it!!

Membership to.... some professional organization? Escrow 'club' for an attorney? What?

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[Skwrl 56]

For what it's worth, I'm happy to help any skydiving photog in the US* who goes through a similar issue as Matt is going through, free of charge. In the next few weeks (after I complete a few other projects I have going), I'm going to generate a DIY demand letter that people can use as a reference and a few additional suggestions for folks to consider. (For example, serious photogs may want to register their copyrights with the Library of Congress. It's relatively cheap, easy to do, and if someone violates your copyright, you can sue for statutory damages - in other words, you don't have to prove your losses - and you can also recover your attorneys' fees.)

* The fine print - two items: First, since I'm not admitted in any jurisdiction other than Massachusetts, I can't represent anyone outside of Mass., but I'm happy to point you to useful references, and if litigation does become necessary, can probably help you find someone. Second, I won't help you if you're trying to be a jerk. Examples of jerkdom include threatening to sue someone for putting an unedited picture on Facebook, without having asked nicely that he or she takes the picture down first. Yes, you're within your legal right to do so. But unless you have a compelling reason to do so, it's sort of silly.

Skwrl Productions - Wingsuit Photography

Northeast Bird School - Chief Logistics Guy and Video Dork

[PhreeZone 15]

Yes, there are companies that offer a Prepaid legal service. You buy a membership and it entitles you to have some legal documents like wills, deed transfers or other common things completed, reviews and filed on your behalf or even more complicated items such as DMCA takedown requests or personal lawsuits. They typically also offer discounts on the hourly rate of any attorney in the plan so it can add up fast to cover the $300+ yearly membership fees.

Yesterday is history
And tomorrow is a mystery

Parachutemanuals.com

[Bill_K 0]

We have this service AND I've had to use it. 3.5 years ago it saved my ass big time having one of these when somebody tried to haul my ass into court. There was still some out of pocket expense, but nothing close to what it would have been without this service.

[mnealtx 0]

Thanks, guys - I *thought* that might have been what they were talking about, but obviously, there wasn't any information in their posts about WHAT the 'membership' was to.

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[The111 0]

Nearly 3 months later...

This is finally resolved. End of story is a cool out of court settlement for me which I will only say is most likely more than I would have received for this job had they just contacted me before using the photos.

Major thanks to Jeff Donohue (Skwrl) for his legal assistance (and also to Spot for his advice on how to approach the problem).

This thread is proof, we don't have to let them walk on us!

www.WingsuitPhotos.com

[Bill_K 0]

Awesome Matt, congrats!!

[DSE 3]

[jtval 0]

Nice. Now I hope that someone steal my photos and I find out about it since that's the only way I'll get any business.

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