Found my photo used without permission

Original



Thanks to jakerome, who saw this Tuesday night, I found one of my photos being used on Toyota's new 4Runner web site without my permission.

For the record, I was never contacted for permission or licensing, the image is (and has been for some time) licensed All Rights Reserved and the way it's "protected" (weak as that is) on Flickr they had to have circumvented the protections (e.g. screen shot) to copy it.

Also I've had the following disclaimer on the photo for some time as well (I habitually do this with all of my popular Flickr photos):

This photo is licensed All Rights Reserved. If you wish to use/publish it contact Michael Calanan / Calanan Photography, LLC

On thing I have never done, but will begin to, is register my images with the US Copyright Office.

For those who might not be able to access the Flash page, the photo is the used at 230x150px, is not credited but does click through to the Flickr page.

I realise that I should seriously consider investing in retaining a lawyer but in the meantime I'd like to hear what others in similar situations have found to be successful.

Some folks half-jokingly suggesting that I send Toyota an invoice for licensing and usage - does that ever actually work?

Also some suggest Toyota is in the clear due to the fact that they link back to the original and one cited the case Kelly v. Arriba Soft:

en.wikipedia.org/wiki/Kelly_v._Arriba_Soft_Corporation

Your thoughts?

Update #1 09:00 Mountain 04 Nov 2009

There are also discussions at:

www.flickr.com/photos/calanan/4074191630/
www.flickr.com/photos/calanan/111965008/
www.flickr.com/help/forum/en-us/111630
www.flickr.com/groups/nomorefreephotos/discuss/7215762260...
tech.groups.yahoo.com/group/ASMPproAdvice/message/9529

And on Twitter via @calanan.

Update #2 09:45 Mountain 04 Nov 2009

Though I have not yet been contacted by Toyota directly, I just received a Twitter update from them stating:

twitter.com/Toyota/statuses/5424392180

"@calanan @Photo_John @stuartzero We're currently pulling the photos and will be in contact with each photography who was represented."

So much for the licensing/usage invoice I was drafting. :(

Update #3 10:30 Mountain 04 Nov 2009

Flickr jakerome / Twitter @jakerome has created two Flickr Galleries showing all the photos used in the 4Runner campaign:

Toyota, oh what a stealing! - Part 1
Toyota, oh what a stealing! - Part 2
Toyota, oh what a stealing! - Part 3

Update #4 11:00 Mountain 04 Nov 2009

Blogged at Brand's Anatomy: "The bigger the company, the bigger the blunder"

Update #5 13:15 Mountain 04 Nov 2009

There are apparently two separate 4Runner sites, the Flickr photos have only been removed from http://www.toyota.com/vehicles/minisite/4Runner/ not from http://www.toyota.com/new4runner/

Update #6 15:41 Mountain 04 Nov 2009

Still no contact from Toyota

Update #7 16:51 Mountain 04 Nov 2009

Another affected photographer, @dmourati speaks out, "Oh What a Feeling"

Update #8 18:20 Mountain 04 Nov 2009

Update from the Toyota Flickr account in Flickr: The Help Forum (still no direct contact from them):

"Toyota apologizes for pulling images from Flickr without photographer permission. Images from a handful of photographers appeared on a Toyota site for five days. We’re working quickly to reach out to the individual photographers involved. Until then, the images have been removed, and corrections have been made to the process of pulling images from Flickr."

Update #9 10:50 Mountain 05 Nov 2009

PDN (Photo District News) has picked up this story at PDNPulse

Update #10 13:45 Mountain 05 Nov 2009

Story picked up by

The Denver Egotist: Toyota Shamefully "Borrows" Image from Local Denver Photographer

CNET: Getty and Flickr deepen photo-licensing ties

Update #11 15:10 Mountain 05 Nov 2009

Another affected photographer, @SnorriGunnarsso speaks out, "Toyota stealing photos of Flickr"

Update #12 09:30 Mountain 06 Nov 2009

Blogged at Shuaism: "7 Lessons learned from Toyota’s 'borrowed' image follies"

Update #13 15:40 Mountain 06 Nov 2009

Blogged at BNET: "Toyota and Saatchi Used Images From Flickr Without Permission"

Update #14 16:50 Mountain 06 Nov 2009

New Flickr images are showing up on the Toyota 4Runner minisite

www.toyota.com/vehicles/minisite/4Runner/

But not this version

www.toyota.com/new4runner/

Update #15 13:30 Mountain 07 Nov 2009

Blogged at Photo Attorney: "Protect Your Flickr Photos"

Update #16 17:30 Mountain 07 Nov 2009

Another great article on this issue Advertising Age: "User-Created Ads Create Rights Conundrum"

Update #17 11:10 Mountain 09 Nov 2009

Another blog post about this issue: A Photo Editor "The bigger the company, the bigger the blunder"

Update #18 10:10 Mountain 10 Nov 2009

Found more articles online:

iMediaConnection: "Toyota's social strategy lands it in hot water"

Adland: "Paris Hilton not amused by 'Vacant' billboard's truth in advertising + Toyotas flickr-pillaging"

Digital Wedding Forum: "Maybe Their Web Designer Did It"

D-Photo: "Billboard Not So Pretty..."

The cutest kid in Denver

As my dear readers know, the Calanan family - and thus the Calanan Photography business - were recently relocated from Salt Lake City, UT to Denver, CO. After a delay to allow for some home improvements in our new (and first!) home the business has been rekindled in a Phoenix-like rise from the proverbial ashes with a family portrait session with the cutest kid in Denver.

Seeking out some Autumn color, we headed over to Denver's Cheesman Park where we found some wonderful foliage that we used both as a backdrop and as a prop for the young Miss F.

Some of my favorite shots from the outing:







Technical specs:

Nikon D700
Nikkor 50mm f/1.8
Nikkor 85mm f/1.8
Nikon SB-800 speedlight (for fill)
Westcott 45" white brolly (for diffusion)

More in this Flickr gallery.

Airportraits

MSP


ORD


CVG


SLC

Show me yours.

Jolie Holland in Denver

This weekend we had the pleasure of seeing Jolie Holland and Grey Gersten (w/opener Matt Bauer) at The Walnut Room in Denver. We're long-time fans of Jolie (and The Be Good Tanyas) and it was a treat to finally see her perform. Likewise, this was our first trip to Denver's Walnut Room and we look forward to returning for more gigs.

Though I wasn't on assignment, I did haul the old Nikon D700 and Nikkor 85mm f/1.8 lens into the show - I just love this combination, especially for concerts - and took some snapshots as we rocked back and forth to the music...camera in my right hand, Great Divide Denver Pale Ale in my left. :)







Jolie's web site is www.jolieholland.com

Some examples of her work, from blip.fm ♫

"Amen"
"Damn Shame"
"Crazy Dreams"
"Old Fashioned Morphine"
"Springtime Can Kill You"
"I Wanna Die"

Finally, the full gallery and a slideshow:

Kerby went to the salon

Nikon D700, Nikkor 50mm f/1.8

Taken shortly after arriving home from his new doggy salon Oona's Dog Groom & Spa, which is staffed by very friendly and talented groomers.

"Will you put that thing down and PLAY with me already?!"

Nikon D700, Tokina 12-24mm f/4

...and yes, I am available for pet portraits, thanks for asking. :)

.a is for animadvert.

.a is for animadvert., originally uploaded by calanan.

Colfax Ave
Denver, CO

Nikon D700
Nikkor 50mm f/1.8

[Part of my "Drive-By Shootings" taken-while-driving street photography series]

Slightly less 'racially-inclusive' stock photo seen in the wild...

Remember the hullabaloo back in June about the Photoshopped image used on the City of Toronto's Summer Fun Guide? (Google search)

Here's an excerpt from an article in Canada's National Post:

City digitally adds black guy to Fun Guide cover to make it more ‘inclusive'

The smiling, ethnically diverse family featured on the cover of Toronto's latest edition of its summer Fun Guide was digitally altered to make the photo more "inclusive," which city officials say is in keeping with a policy to reflect diversity.

(Hover over the image below to see before-and-after versions)




The original image of the happy family above was a stock photo and it has now found its way into the hands of Qwest Communcation's art department. I just caught it in a rotating ad on Qwest's Residential user landing page:



Funny how some stock photos just seem to pop up over and over and over again. Have any examples of stock photos you've seen recycled in ads? Was your company negatively affected by the use of a recycled stock photo? Post your examples below, thanks!