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You Used My Picture In Your Magazine, I'm Flattered.........I Think!

By
Real Estate Agent

You Used My Picture In Your Magazine, I'm Flattered.........I Think!

I saw one of my pictures in a real estate relocation magazine this week, it was kinda cool! It is one of my favourite pictures, in fact I use it on the front page of my web site, I use it on my business cards. I have used it in blog posts, I got a call from the owners of the store asking if they could have the link to send to their friends.

Here it is

 

What do you think? "I'm no Picasso, but do you like it?"
So What should I do, nothing, send them an email letting them know I know? I really don't mind them people using my pictures as long as they ask, that way I know where they'll be going. I really DO mind if people are using my blog posts and copying them or changing the headline, which reminds me someone else did that recently as well....time to call Lenn!
I need to look into the copyright issue as this is only going to get worse, content is king and people who don't want to do the work will copy!

Posted by

Call (919) 601-2268 or email irishdavid2011@gmail .com    

 

 

Comments(79)

Janet Jones
Just Your Style Interiors, LLC - Kihei, HI
Home Staging, Interior Redesign Kihei, Maui, Hawaii

Hi David--I'm with all the rest of the commenters, I would communicate to them that they need to ask to use the photo.  My guess is that it is probably an innocent mistake and they don't know they can't use your photo without permission.   I am betting they are happy to give you photo credit. 

Feb 16, 2012 11:25 PM
Sandy Acevedo
951-290-8588 - Chino Hills, CA
RE/MAX Masters, Inland Empire Homes for Sale

We have all been taught since we were kids, you don't take something that does not belong to you!. That still holds here.

Feb 16, 2012 11:35 PM
Carol Pease
JP & Associates Realtors - Bastrop, TX
CRS, Broker-Associate 512-721-6320

David:

This "magazine" is very unprofessional and they definitely should know better.  I don't see how this could be an innocent mistake!  I would have a "nice" conversation with them first.  The damage has already been done.  There are relocation magazines out there without attribution.  Now what are they going to do to make it right? 

 

Feb 16, 2012 11:43 PM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

David, Easy to see why they liked the photo, but they obviously should know better.  Good luck "adjusting" them for swiping your work.

Feb 16, 2012 11:48 PM
Judy Orr
HomeSmart - Scottsdale, AZ
Scottsdale AZ and surrounding towns

That is a great photo!  I hope you get something out of this because they had no right to use it without permission.

Feb 16, 2012 11:55 PM
Lang Premier Properties
Lang Premier Properties - Clawson, MI
Metro Detroit Real Estate Group

Definitely copyright! Especally if that is one of your signature pictures!

Feb 16, 2012 11:56 PM
Teri Pacitto
Compass - Westlake Village, CA
Real Estate, Your Style...Your Home...My Specialty

I too have had material copied from my site on many occasions.  One was actually quite interesting as it was a newer agent that took my personal Bio and used it for himself.  He did change the wording a bit but not enough to have my copyscape not catch it. 

That's just plain lazy...or maybe a compliment.  I'm not sure, but when I called and left a message for him and he did not call me back I called the management staff at the office he worked at and they took care of it. 

Yes absolutely, material or photos belong to the person who posted and they should not be copied as ones own material. 

Feb 17, 2012 12:26 AM
Dee Nofziger
|Key Realty | Maumee Toledo Real Estate Blog - Toledo, OH
Maumee Real Estate, Toledo Homes, Key Realty

I'm shocked a magazine would resor to stealing photos. it's bad to find your pics online somewhere, but in print materials? Wow. I vote not to let them get away with it.

Feb 17, 2012 12:50 AM
Louise St.Romain
FastCat Studio, LLC - Hendersonville, NC

It is theft, plain and simple however if it is not regiostered with the copyright office, it is unlikely you will get any compensation for it. If you're lucky they may offer a couple of bucks after the fact. These magazines do know that what they are doing is wrong, however they figure that the people that they steal from will decide its too much of a bother to say anything if they even see that it was used.

Feb 17, 2012 01:45 AM
Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos

Hi David,  i really like the picture and that may be why you see it being used elsewhere.  If its use is not approved by you I would pursue it.

Feb 17, 2012 02:50 AM
Dave Keys
MOVE UP in Google Search Learn How Here - Brea, CA
Chief Search Strategist Real Estate SEO Expert

It sounds like you may be able to name your price!

Feb 17, 2012 12:35 PM
David O'Doherty
Clayton, NC
Clayton NC Homes, Raleigh, NC

Jeanne and Ralph, Ouch! Smack em you say...ha!

Andrew, I hear you, but it's a magazine so no links for me.

Liz, I agree it is hard work putting together some of these posts and to have someone copy them....

Eileen, thanks, easy enough to just ask first right!

Bryan, they have a website but you have to sign up to get into it, actually I'll do that now and see if they are using it there also.

Silvia, I have read lenn's posts and I have never used anyones work since reading them. ( not that I would anyway)

Maureen, I certainly will

Bruce, thanks I don't want to be mean just  a little recognition

Gwynn, hey thanks I appreciate that, this has struck a nerve with a lot of people!

Heather, no and the ironic part of this is that the store has since closed!!!

Tammy, interesting, I believe they pulled it from Google images and it says this is a private image.

Paula, Thanks, it must be widespread

Sheila, thanks I appreciate that, all good suggestions

John, thats crazy no fear of anyone using my mug as their own!!

Brian, Thats what I found so interesting because on the inside cover of the magazine they have the usual warning that you must not use any of their stuff...Ha!

Joshua, very good analogy, my time is money and that took some time!!

Cindy, I like the free ad idea.

Gabrielle, I know, but right away I felt that's not right!

Patricia, they are lucky it is one of mine and not one of Lenn's!!

Kat, yes I agree how hard would that be, plus you would think with a magazine they would be able to get their own pictures.

Corinne, Thanks, I did a search for Clayton images and it is on the first couple of rows, but it is in a blog post.

Yvonne, it does sound like a good idea.

Peter, great advise thanks for doing that.

 

Feb 17, 2012 07:23 PM
Dianne Goode
Raleigh Cary Realty - Raleigh, NC
Realtor/Broker

You should add your name to photos you care about -- very easy to do with iPiccy.com.  Then people who help themselves to your images can't pretend they didn't know somebody cared.  Honestly I'd be flattered to have a photo used, but copying words is somehow different.  Like Teri (Comment #67) I'd go after someone who stole my words.  A photo, not so much.

Feb 21, 2012 12:25 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

GO GET THEM!! This is a publication and they KNOW BETTER!! Nice speaking with you David.  I sure hope you get their attention. 

It's one thing when an ignorant viewer steals a photo, but PUBLICATIONS KNOW BETTER.

Get that thing registered.

Feb 22, 2012 12:57 AM
David O'Doherty
Clayton, NC
Clayton NC Homes, Raleigh, NC

Kathy, yep I spoke with Lenn yesterday, (see above), she offered great advise which I shall be working on today.

Sharon, thank you, I am on it!

Joan, from now on I will do that.

Susan, I am learning a lot about copyright infringment lately, I think everyone needs to be a aware of it.

Marc, indeed she has, we spoke yesterday

Marge, I would have and I might not have written a post about it and been featured....so!

Christine, yep she did and I will see where we go with this.

Kamel, something like that, its ironic that they have a warning on their cover that all images are copyright protected and do not reproduce etc!

Richard, thinking about it!

Donald,thanks I appreciate that.

Lori, thanks, Lenn and I discussed that yesterday.

Sam, wow on the cover eh!

Greg, actually they did not ask, which is why I'm going to do something about it.

Sonja, wait she copied one of your clients reviews.......word for word, unbelievable, why she could have just written herself a great review!!!!

Feb 22, 2012 07:57 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

David I sent you an email  through ActiveRain about a post I did about copyright.  Well it's not directly about copyright.   I used your photo kinda sorta.  I believe my use is fair use.  The real question is,  do you?

Feb 22, 2012 10:40 PM
David O'Doherty
Clayton, NC
Clayton NC Homes, Raleigh, NC

Maureen, I would have to say if  the "I used" was replaced with "may I use" that would be OK. I'm getting paranoid about my pictures now!!!!!! HA one more thing to keep me from selling houses!

Feb 24, 2012 08:46 PM
David O'Doherty
Clayton, NC
Clayton NC Homes, Raleigh, NC

Evelyn, a letter will be sent.

Kathleen, I was kinda surprised too especially when on the inside cover they warn YOU that their images are copyright protected!!

Barbara-Jo, indeed she is, we had a great chat on Wednesday.

Mark, I dont think thats going to cut it, but we'll see.

Richard & Jean, Lenn has much experience in this dept. and many more.

Michael, I agree, thats why I always use my own.

Ed, that is exactly right and now every agent that sees that picture will consider it fair game.

Gabe, thank you!

Gary, theft sounds strong at first but after learning more about this I agree.

Jerry, indeed WE do, thanks

Ed, Thanks!

Holly, I'm sure it was the latter, nice barn!

Feb 24, 2012 09:03 PM
David O'Doherty
Clayton, NC
Clayton NC Homes, Raleigh, NC

Stephanie, I spoke with them Monday and I wasn't too impressed with what they had to say!

Charlie, I would have to presume that as I don't advertise with them and a lot of agent do then they are a competitor.

Margie, you know the easy thing would have been to use their own photographs, but you're right ...ask.

Cheryl, deny, deny deny, are they gone yet!!!! This is a tactic

Elizabeth, CNN eh? yes you would think the lawyers would have picked up on that, but these days everything has to be spur of the moment.

Eileen, I agree, they are going to do something, the owner called and said it was a contractor they used....convenient.

Ron, at least right!

Geoff, I think they understand that now.

Morgan, you're right although this issue mysteriously disappeared from our office and was replaced with an older issue, so they are trying to limit the damage.

Janet, they know full well, they can't use other peoples photographs, they have a warning on the inside of their front cover not to copy or reproduce any part of the magazine!!

Sandy, true, that's why I have a couple of thousand pictures of the most obscure stuff just so I never have to use someone else.

Carol, they offered me the smallest ad they have!!!

Liz and Bill, Thanks, I like that term adjusting....like a chiropractor only more painful!

Judy, thank you, if nothing else I have learned a lot about copyright law.

Benjamin, no doubt, I use it all the time, in fact I'm going to use it even more now that I realize how popular it is!!

Teri, that is sad, that you have to steal someone else Bio, remember how if you were caught cheating in school how mortified you felt, it's supposed to be a bad thing!

Dee, I know at first I thought wow that is identical to my picture I couldn't believe it was mine.

Louise, it is registered now!

Bill, thanks, I have since found it on another website weddings of all things!!

Erica, the certified letter was sent Thursday and they called Monday, no apology, no accepting they did anything, just blamed it on a contractor who conveniently dosen't work for them anymore. And offer the smallest ad as compensation.

Dave, One Million Dollars, Wwwwwwha ha ha

Dianne, I think both words and pictures are equally important to protect.

Lenn, thanks for the advise, I will send you an update!

Maureen, I read it, and commented.

 

Mar 06, 2012 07:20 PM
Louise St.Romain
FastCat Studio, LLC - Hendersonville, NC

This site is a good source on photography copyright that is easy to understand: http://thecopyrightzone.com/ , The authors are a commercial photography and an IP lawyer. I have their book on copyright as well.

since you're seeing the image in other places, it may be a time to talk to an IP lawyer rather than trying to work with the magazine. It is obvious that they figure if they toss you a small bone, you will go away. The contractor story is pure bs, even if true, the magazine is responsible for content/

Mar 06, 2012 08:54 PM