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What Would You Do?

2285 Views 23 Replies 13 Participants Last post by  crazy loaches
This guy is using my photo for his advertisement without my permission. I'm not sure how to react to this. What would you do?

http://cgi.ebay.com/Giant-Marimo-ba...ryZ66794QQssPageNameZWDVWQQrdZ1QQcmdZViewItem
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Kind of flattering, actually ... but ...
An infringement on your rights of ownership, no doubt, and if you're in the photography business, a major infringement. Assuming that you're not a professional photographer, I'd send him (aquatic magic) an e-mail complaining of the infringement and the manner in which you'd like him to resolve it. Personally, if it were my pic, I'd just ask him to attribute it in his ad and send him another copy of it with "Photo by" info in the corner.

BTW, NICE pic ...

Keep Smilin'
John :)
That's what I thought..I probably would have said yes had he asked.:( A photographer I definately am not. I am the one who thought getting a decent camera would give me good photos of my tanks..:icon_roll :icon_smil
If he is direct linking, switch out the photo for one of a pig or something. I have had some fun doing that.
Haha..that would be funny! I was wondering if I removed it if he would get the dreaded redx?
If he is direct linking, switch out the photo for one of a pig or something. I have had some fun doing that.
LOL, that is a classic.
lmao...i have a couple of good ideas that would be a perfect substitute photo for a Marimo Ball....ROFLMAO!!!

To get back on track, just contact Aquatic Magic. They are classy folks...I am sure they will give you credits to the photo if indeed its yours.
. They are classy folks...I am sure they will give you credits to the photo if indeed its yours.
Not classy enough to ask my permission. And what does this mean.."if indeed its yours" ? :icon_frow
The plants I bought from them were MY newbie mistake. I did not look to see they were coming from Malaysia before I bought them. They arrived dead..3 weeks later, though they did refund my money. I did not buy the marimo ball from them. I got it from another e-bay seller in Texas.
:icon_wink
And what does this mean.."if indeed its yours"
Probably a bit of a jaded comment...but to be honest, something that crossed my mind as well.

In the past we have had people claim that photos that weren't theirs, were theirs! They'd say "hey, what do you think of my aquarium!", and it was a shot of one of Amano's masterpieces. We even had some guy go so far as to post photos of an aquarium featured here as his own journal. :hihi:

So, you just never really know. I mean, who would really believe I am a six foot frog always trying to get some attention! :icon_wink

I have seen plant sellers pull this type of thing all the time, so despite my initial reaction, I believe you.

Best thing to do is not take offense, as none is intended, and say that is my photo alright.
3
Here you go...:) From start to finish..so far.

Before I broke the rock



after rock was broken


when my orange shrimp, HC, and marimo ball arrived

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6
One of my orange shrimp

top down of CRS


dwarf puffs added



my other tank when I first started it


I am not about to start up a post like this just out of a whim, or from a tank that does not belong to me.
here are my other tanks
12 gal NC


90 reef


It's one thing to post someone's pic when describing something or showing someone something. It's another to claim it as your tank if it is not. It's even another issue to use those pics for the intention of selling something, when that is not even your plant in the tank.:icon_roll
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I did report it thanks, also went to live chat but she said to wait until they reply to my message. I also sent the seller a message. It's really no big deal..in a way. Though I would probably feel different had I received nice healthy plants, or if they would have just asked me. We had many many e-mails back & forth as I was waiting for my plants to arrive. It isn't like they didn't have the opportunity to ask. And on top of that, that marimo ball came from someone else as I said.
I used to get people hot-linking my pics from my webserver. Not of fish or planted tanks, but electronics and such. When I found which pic was being hot-linked after going through the logs, I replaced the pic with tubgirl pic.

Now, I watermark all my pics with my nick and one of the corners. It always changes where I put it. It has stopped almost all of it.
I am a computer & photo dummy. How does one go about putting a watermark on a photo? My photos stink..I only occasionally get a "lucky shot". They are not awesome like some of the people who are great at it. That photo was not good even, it's out of focus.:redface: I tried to see what would happen if I removed it from Photobucket. Nothing. He has renamed the photo marimoball1 or something like that.
Geez I would be pretty pissed if someone stole my photography. I would demand some sort of payment if it was a good photo.

Well anyway, good luck to you. I know I'm not shopping there anymore just for that :p. Ever. Just a personal thing I have with photo infringement.
Their response: Quote "We really love your photograph, especially with the marimo in it. We apologize for the mistake for using it before asking for permission. Let us know whether we can continue used it with acknowledgment? "
Now I don't know what to do. Should I say yes or no? It isn't their plant, so somehow it doesn't seem right.
I would ask them why they didn't ask you for permission in the first place.
You can always tell them since they are using YOUR photo to make THEM money, they can pass a few bucks or products your way.

Afterall, you're getting nothing out of them using it really.
Heres my 2 cents. If you put YOUR stuff on the 'net, mark it as such.
If you put it out there w/out any identifiers to it belonging to you .. its free game.
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