somebody told me about that photographer, who is using my photos for advertising his photography - classical art theft. He is from chile. What would you do? I think he does photography as well but is using my pictures and saying that it's his work:
I just think that it is mean to trick customers into thinking how their pictures will look like. If they can produce pictures like mine, they just should. Honestly most of my models are just some friends of mine. Pretty friends, no doubt but all a photographer has to do, is just ask a few nice looking girls/friends. That's what I did.
In the end, it's true. It depends on how the people are using my work, but still, wrong is wrong. A lie is a lie.
Before you go to the extreme of hiring a lawyer, there are some steps that might work. Write to him and the hosting site. I don't know what the Chilean laws are regarding theft like this, but most countries are getting very strict. In Spain, for example, they now have a commission that investigates all art, etc theft claims. If this independent commission feels it's a valid claim it goes to a judge for decision. Since a lawsuit is a very definite possibility in these instances, and the hosting company can be included in that lawsuit if they are aware of the theft and do nothing about it. Most hosting companies will remove it themselves on being told of the fact. The countries where they can't be held accountable are a problem but even there an honest company will take action on complaints like this. Be sure to include the information that those images are copyrighted and the offender does not have legal consent to use them in any way.
If they do not comply, then file a complaint with the appropriate authorities over there and inform both the hosting company and the photographer of that fact, send a CC of this to the same authorities you are complaining to. When you reach this point you want to be sure you are documenting these steps completely and in such a way you can prove you attempted a resolution in case it goes to court. I wouldn't wait too long after that before hiring a lawyer, and would not have any further communication with anybody that doesn't go through the lawyer. They will make sure you don't accidentally do anything to weaken your case.
Finally, I know it's kind of locking the gates after the horse has escaped, but I wrote a journal entry on Art Theft and what you can do to try and prevent it a while back. Nothing is perfect but there are some good ide4as in there so if you want to check it out got to: [link]
Now here's some to preventative measures you can take to help not being ripped off to begin with.
1. Watermarks. I notice none of your works bear a watermark from you or the one DA provides. I know watermarking can mar the work aesthetically but it does A) give pause to those who would just take your work and claim it as their own and B) Identifies the work to everyone as being yours.
2. Downloading. If you allow the download feature to be active folks will download it. If you allow downloads of your work without watermarking it, well, the inevitable has happened already.
I am going to assume your pics were watermarked in a way that makes removing the mark difficult if not impossible to remove.
Second of all I'd send him an email/facebook message etc informing him of his infringement being brought to the attention of authorities and request that he desist.
I would consider a suit the last resort because the expensive will not be covered until/when/if you win the case. Also outside of the US the jurisdiction of any suit may be hard to pursue.
However, a lawyer to pressure recalcitrant thieves might be useful to have on retainer. What you can and should do instead is notify the hosts of his sites to let them know they are (perhaps unwittingly) harboring a thief and demand they cease supporting his activity.
I am sorry this happened to you but at least it is a sign you are doing something right.
In the end, it's true. It depends on how the people are using my work, but still, wrong is wrong. A lie is a lie.
If they do not comply, then file a complaint with the appropriate authorities over there and inform both the hosting company and the photographer of that fact, send a CC of this to the same authorities you are complaining to. When you reach this point you want to be sure you are documenting these steps completely and in such a way you can prove you attempted a resolution in case it goes to court. I wouldn't wait too long after that before hiring a lawyer, and would not have any further communication with anybody that doesn't go through the lawyer. They will make sure you don't accidentally do anything to weaken your case.
Finally, I know it's kind of locking the gates after the horse has escaped, but I wrote a journal entry on Art Theft and what you can do to try and prevent it a while back. Nothing is perfect but there are some good ide4as in there so if you want to check it out got to: [link]
Good Luck!
Now here's some to preventative measures you can take to help not being ripped off to begin with.
1. Watermarks. I notice none of your works bear a watermark from you or the one DA provides. I know watermarking can mar the work aesthetically but it does A) give pause to those who would just take your work and claim it as their own and B) Identifies the work to everyone as being yours.
2. Downloading. If you allow the download feature to be active folks will download it. If you allow downloads of your work without watermarking it, well, the inevitable has happened already.
Just a couple of things to think about
Good luck in dealing with this rip off dick.
Second of all I'd send him an email/facebook message etc informing him of his infringement being brought to the attention of authorities and request that he desist.
I would consider a suit the last resort because the expensive will not be covered until/when/if you win the case. Also outside of the US the jurisdiction of any suit may be hard to pursue.
However, a lawyer to pressure recalcitrant thieves might be useful to have on retainer. What you can and should do instead is notify the hosts of his sites to let them know they are (perhaps unwittingly) harboring a thief and demand they cease supporting his activity.
I am sorry this happened to you but at least it is a sign you are doing something right.