Copyright Infringement Reports (Review guidelines in post #1 before posting here)

Stolen Lightning Pics?

My sister forwarded a powerpoint presentation that was chock full of lightning images I think some of you may recognize. It's one of those deals that likely has or at least may take on a life like some of Mike's work unfortunately.

I've uploaded it to my webhost for your convenience. The statement though well intended seems to avoid the photographers or whether they were consulted. I certainly hope they were. Apologies if this has already been addressed.

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FW: Fascinating Photos

Fascinating photos that show the power and beauty of lightening. In the past, we were lucky to catch a fleeting glimpse of just one of these images. Digital photography and the Internet has made it possible to savor the magnificence of all of them that are shown in this PowerPoint presentation. Enjoy.

http://pawleewurx.com/st/SHOCKING_PICTURES.pps (1.58 MB)
 
wow, thefinitely some lightning shots I recognize on there.. Why do people have to take what is not theirs? Is it to try and look better than they are? If you cant go out in the storms and take the vids and pics yourself, then dont claim them..Storm Chasers put their own lives on the line to get those shots. Credit to those where credit is due! By the way, nice shots!!
 
Paul Hadfield said:
My sister forwarded a powerpoint presentation that was chock full of lightning images I think some of you may recognize. It's one of those deals that likely has or at least may take on a life like some of Mike's work unfortunately.

I've uploaded it to my webhost for your convenience. The statement though well intended seems to avoid the photographers or whether they were consulted. I certainly hope they were. Apologies if this has already been addressed.
Click to expand...

Paul:

Can we find out more details on this? Because obviously, if these pictures were indeed infringed upon, I think it would be acceptable to put some additional information about this, perhaps who the company is? That way those of us chasers can at least not purchase or utilize this company that has infringed upon the work.

Thanks.
 
Eric Whitehill said:
Paul:

Can we find out more details on this? Because obviously, if these pictures were indeed infringed upon, I think it would be acceptable to put some additional information about this, perhaps who the company is? That way those of us chasers can at least not purchase or utilize this company that has infringed upon the work.

Thanks.
Click to expand...

What you see is as good as it gets. I tried looking into the file properties but nada. Whoever made it was either wary of not being identified or ignorant of how to digitally sign their work.
 
btw... apologies if this has been shown before but this past week I recieved the following from some well intended friends. Lesia Casanova needs to find a husband who won't lie to her lol.

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When the lightning flashes, this is NOT what you want to see. THIS IS A PICTURE THAT LESIA CASANOVA'S HUSBAND TOOK IN THE GULF OF MEXICO. HE WORKS ON AN OIL RIG AND DURING A STORM HE WAS GOING TO TAKE A PICTURE OF THE LIGHTNING. HE WAS UNAWARE OF THE TORNADO UNTIL THE LIGHTNING ILLUMINATED IT. PRETTY AWESOME, HUH? This is a one-in-a-million photo..............

fake.jpg


Taken Thursday night, April 3, 2008.
Lariat # 2 Sandridge Energy
South of Ft Stockton , TX

http://www.snopes.com/photos/natural/sedalia.asp
 
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I have a good one for everyone..It concerns the New Discovery Channel storm chasers shows...

My May 4, 2007 keeps showing up on the previews of the show and it is really getting frusterating to say the least. They used the video last year also.

I noticed my video on there last year and I contacted them to ask them what was up with everything and where they got the video and who gave them permmission. Never did hear a reply back from anyone..Video still showed...

This past July, I was sent email through my YouTube account from the Discovery Channel wanting to ask for my permission to use my May 4, 2007 video for this years storm chaser episodes..

I contacted the woman from Discovery Channel telling her that I need to get with them on a price before anything, and talk to her about the video from the year before. I told her my cost to use the video and more legal stuff....Never heard anything back from her...

The past 2 weeks, I noticed my video on Discovery Channel again!!! This was the one that the woman wanted to use.. What the hell is up with this?????

I have contacted many people now and have yet heard anything back from anyone for 2 years now..This year, they used MY video after me telling them NO!!!!!!

Does anyone have anymore suggestions on what I can do? This is really frusterating me and Im almost out of Options????????

Thanks
 
I would suggest sending a rather large dollar amount invoice to them for the use of the video. If it is truly an unauthorized video and you have told them no and given them an amount previously it would cost them, I would make the amount 3 - 5 times the normal rate. Give them 10 days to pay. I would send it via registered mail to ascertain it was received and signed for.
This has worked for me in the past when the unscrupulous decide to use videos without permission. But at the same time, should they decide to immediately admit their errors and make it right, I would go back to the original price you quoted them before. You may get additional business in the future that way.
 
Now may be a good time to contact an attorney that does copyright work.
There's nothing really threatening about a dog that barks, since they all do it.
But you never forget the one that bites.

At least get a consultation with an attorney; they will give you proper legal advice.
Remember, that is what you are really asking for anyway...

Dennis S idea is basically correct, at least send them a bill; and keep copies of ALL correspondence with DISC.
You may need to tape the sequences that were aired to demonstrae the basis of your claim - as seen on TV.
That way it proves the 'smoking gun' aspect of proof - the 'win' element of any court battle. You need to be able to demonstrate to a court/judge that you have exhausted every possibility for them to comply. Court is about being able to demonstrate all of your claims, so every aspect of what you claim needs to be documented.

I am not an attorney, nor do I have any claim on the outcome either way. My expressed opinion is nothing more than that; an expressed opinion based upon a hypothetical question...
 
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I would venture to say that this is an honest mistake or mix-up on the part of Discovery. Notwithstanding, they do need to make things right with you ASAP. Make sure you get in touch with someone higher-up. Something tells me that the right people there don't know about this, as this is not the type of thing to ignore if you're a production company.
 
Do NOT send a bill. If you do you may potentially limit yourself on how much you can ask for to settle the matter. Rather send them a demand letter and put the amount you want in as your "offer to settle the matter without formal litigation". This was something I learned from my attorney.

I would initially offer to settle for something in the 4 figure range. Discovery is not small time. If it were me, I would hit them up at 4x the normal rate they would have paid if they did the right thing the first time.

This stuff is exactly why you should file any of your good stuff with the copyright office within 90 days of shooting it. Doing so will give you a MUCH higher ground to stand on and increase your chances of getting paid, because the alternative is going to court and paying you $150,000 or more if it's filed.

Mistake or not, they need to pay up no matter who they are. I had one was probably a new employee that made a mistake, but rather than just pay up on the initial request and admit the mistake, they chose to try to bull**** their way through it and are now facing formal litigation and a WHOLE LOT more money.
 
BrandonWhittington said:
I have a good one for everyone..It concerns the New Discovery Channel storm chasers shows...

My May 4, 2007 keeps showing up on the previews of the show and it is really getting frusterating to say the least. They used the video last year also.

I noticed my video on there last year and I contacted them to ask them what was up with everything and where they got the video and who gave them permmission. Never did hear a reply back from anyone..Video still showed...

This past July, I was sent email through my YouTube account from the Discovery Channel wanting to ask for my permission to use my May 4, 2007 video for this years storm chaser episodes..

I contacted the woman from Discovery Channel telling her that I need to get with them on a price before anything, and talk to her about the video from the year before. I told her my cost to use the video and more legal stuff....Never heard anything back from her...

The past 2 weeks, I noticed my video on Discovery Channel again!!! This was the one that the woman wanted to use.. What the hell is up with this?????

I have contacted many people now and have yet heard anything back from anyone for 2 years now..This year, they used MY video after me telling them NO!!!!!!

Does anyone have anymore suggestions on what I can do? This is really frusterating me and Im almost out of Options????????

Thanks
Click to expand...

Well, hopefully you registered the copyright on your video. Either way, you need to contact an intellectual property attorney at this point. DC has serious $$$ and will likely settle with you if the facts are as you are stating them. I'd recommend Carolyn Wright at www.photoattorney.com. I'd also recommend that you refrain from posting publicly about this any more, as it may complicate the ultimate outcome of your situation.
 
Edit: Sorry, did not know that someone (Paul) had already noticed this page/user.

Ran across an e-mail sent to me requesting friendship on myspace, after looking at the myspace page it seems as though they may have a picture that Eric N. shot during the Mulvane event with an animated gif file overlay. I am not sure if they created the gif or are just using it??

Please see here: http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendid=411787068

The "original" gif file is here: http://imikimi.com/main/view_kimi/CeLj-108

That picture is for sure Mulvane, it apperas it was taken along HWY 15 looking back to the east just a few yards south of the Mulvane saddle club and just seconds after the tornado crossed the road.
In my video and stills I have almost the same shot, just a different angle.
I think, but I am not 100% sure that Eric took at least one photo from this location. this of course would be before his well known pic that included the white house, rainbow and tor.
I have had an issue with this mysapce user stealing photos of mine. I had to send him/her? an e-mail requesting removal.....it took almost a month but they finally took off the page.

Thought some of you might be interested since it may be Eric's picture.
 
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