Images on my website..

[Briank]

Basically, this guy emails me out of the clear blue asking for credit for taking two pictures at the bottom of this (http://www.cobaltandcalcium.com/index.php?page=media&section=pictures) page. I asked if he had any proof, and he hasn't provided any. I also do not think I have to take them down since my website is a source of news about the rock band "Coheed and Cambria".

From: <blank>
Sent: Saturday, March 12, 2005 11:07 PM
To: brian@cobaltandcalcium.com
Subject: <no subject>

Please give me photo credit for the shabutie photos. They were taken my me.

Thanks,
Joseph P. Traina

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From: Brian [mailto:brian@cobaltandcalcium.com]
Sent: Sunday, March 13, 2005 9:14 AM
To: <blank>
Subject: RE: <no subject>

Sure!

Provide proof of documents just like Greg Glenn did and I will be happy to give you credit.
Thanks,

Brian

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From:<blank>
Sent: Monday, March 14, 2005 1:40 PM
To: brian@cobaltandcalcium.com
Subject: Re: <no subject>

Hello Brian,
It is upsetting to see many photos I took of shabutie and coheed all over the internet without any photo credit.
I am friends with them and grew up in the same county as Claudio. I have millions of photos of them from the early days of toxic parents up till now. I don’t know how to document that I took the photo but rest assure that I did.

Those two shabutie photos on your site were first posted on a yahoo group page about two years ago. That is how they arrived on the internet. Both those photos were scanned from the original photos by me.

Please give credit where credit is due.

Thank you,

JPT

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From: Brian [mailto:brian@cobaltandcalcium.com]
Sent: Monday, March 14, 2005 10:00 PM
To: <blank>
Subject: RE: <no subject>

If you have no proof, then I cannot issue you credit. Nothing against you, but random people e-mailing me out of the clear blue for work that “they did”, and not have any proof like other photographers…is just shady, and it isn’t going to happen.

Let me know if you have any other questions.

Thanks,

Brian

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From: <blank>
Sent: Tuesday, March 15, 2005 12:16 AM
To: brian@cobaltandcalcium.com
Subject: Re: <no subject>

How would you like me to prove it?

That photo was stolen from another site I posted on (Coheed Yahoo Page). I have the original negative. If you don’t know the original photographer or have permission from the photographer you really shouldn’t be using these images on your page.

Claudio himself would tell you I took those photos. I’ve been friends with them for years. I am even thanked on the Album.

I recommend you either take those photos off your fan site or credit me for those photographs.

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From: Brian [mailto:brian@cobaltandcalcium.com]
Sent: Tuesday, March 15, 2005 2:47 PM
To: <blank>
Subject: RE: <no subject>

Show me the original prints of both photos and I will issue you credit.

Thanks,

Brian

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From: <blank>
Sent: Thursday, March 17, 2005 12:08 AM
To: brian@cobaltandcalcium.com
Subject: Re: <no subject>

Please see the following page
http://www.pdimages.com/law/10.html-ssi

I don’t think I need to ‘prove’ myself anymore. You no longer have my approval to use these images.

I don’t need to ‘prove’ anything to you. Don’t use those shabutie images. Thanks.

-JPT

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From: Brian [mailto:brian@cobaltandcalcium.com]
Sent: Thursday, March 17, 2005 11:46 AM
To: <blank>
Subject: RE: <no subject>

Hello,

Once the person who copyrighted the image e-mails me requesting to take it off I will be glad to do so. Until then, I cannot have random people demanding things. You have provided no proof to make me even think you’re even a photographer; but a random person on the internet.

Every image, copyrighted or not, is for teaching, and news reporting purposes. I am a member of the press. According to the website you gave me, it allows me to use them under the fair use policy.

Thank you for your efforts,

Brian

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From: <blank>
Sent: Thursday, March 17, 2005 12:21 PM
To: brian@cobaltandcalcium.com
Subject: Re: <no subject>

Do you see how the word may in the act is bold.
your use of copyrighted material may be considered fair use

This doesn’t mean you are allowed to use it. Re read the act.
And take my photos of your page.

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From: Brian [mailto:brian@cobaltandcalcium.com]
Sent: Thursday, March 17, 2005 12:43 PM
To: <blank>
Subject: RE: <no subject>

It is considered fair use, as this is a fan site reporting news and other material about the band; at no cost. We are selling nothing. We are non-profit. Even if you gave me solid proof, I would be glad to take them down, even though I do have permission to continue to use them.

Thanks,

Brian

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From: <blank>
Sent: Thursday, March 17, 2005 12:56 PM
To: brian@cobaltandcalcium.com
Subject: Re: <no subject>

I sent you proof in the last email.

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From: Brian [mailto:brian@cobaltandcalcium.com]
Sent: Thursday, March 17, 2005 1:17 PM
To: <blank>
Subject: RE: <no subject>

That wasn’t proof. You took an image off the internet and opened it in MS Paint and typed your name on the top right.

I am now adding your email address in to Spam Assassin, as nothing has come out of you besides spam. Hopefully I have configured Spam Assassin correctly to block all incoming e-mail from your address.

Thanks,

Brian

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What do you guys think?

[rbucich]

I do a fair amount of photography so I can appreciate the copyright concern.

However, I would not ask for credit nor ask for someone to take pictures down unless I could prove they were mine. I also would have included that proof in the first e-mail.

The proof is fairly easy to come by actually. Photos on the web are usually small files at 72 dpi. An original scanned image would be probably at least 150 dpi and most likely physically much larger and a .tiff format. He could e-mail it to you if you have broadband and type his name on it in PhotoShop so you couldn't "steal" it again.

If someone sent me a .tiff I'd take them seriously that they were the photographer and honor their wishes.

So the guy probably took the photos or he wouldn't be so upset. But he really has to learn some professionalism and people skills. I doubt anyone would get their panties in such a bunch if they didn't take the pictures.

Since he hasn't proven anything, I wouldn't worry too much. Wait for the cease and desist.

[Corey Bryant]

If he was really upset - he would have gotten proof along time ago to send out to you and others "all over the internet" already. And the first email would have been a lot more detailed.

[fryman]

I've received similar emails... always told them to jump off a cliff. No one has ever provided real proof of being the authors.

Just ignore the whiner.

[myamar]

Im a painter and I know quite well the copyright laws regarding images. In your case it's a "fair use". If he had proof, the credits should be given.
A thing to remember when you publish your copyrighted photos on the internet: just put a small copyright notice in the picture.

[ziandra]

I use http://www.digimarc.com/ for my images. Very hard to argue.

You are generally pretty safe using the "fair use" excuse up until someone complains. After that things get murky fast. IANAL but have read that in cases like this, the courts consider how much the original author lost. If you cost him business by using his picture then you can be in a heap of hurt. If not, then all he can get from you is the satisfaction of making you squirm, and your paying his legal fees.