Intellectual Property Rights - Photos/Videos - Page 3

I'm curious how the picture Schbabe took of this lady and her dog even got into the lady's hands to put on the website.  Was it given to her personally or acquired through another third party?  I don't think that was explained.  I would think if the picture was given to the lady then she probably didn't think nothing of it by posting it on her website and she probably didn't think it'd be a problem to the person who took the photo since no one else or their dog was in the photo???  But I'm sure if it were me and I were emailed privately to remove the photo from the person who took it; although puzzled as to what the big deal was I'd take it right down without having that person to go through the trouble of forcing me legally to do it. 

SchH Babe I had only skimmed the thread so I missed some things. Most of what I posted is true if these are your copyrighted photos or if they are of YOUR dogs and she is misusing them. But I'm a bit confused. How are all these people getting these photos you claim as yours and don't want used?  Quite honestly if someone gave me photos of my dog I would figure I could use them any way I want.

If you are wanting to do this as a business then set yourself up correctly. Get professional advice and help and forms and act as a professional. I do not know of ANY professional photographer that gives away their work and if they do they understand the no strings attached bit.

If I've misread or misinterpreted my apologies and please enlighten me.

If you took pictures of someone elses dog and they use them, what is the problem? It is their dog right, not yours, not someone elses and they aren't falsely saying they own a dog that they don't. If you do not want to share, don't take pics of others dogs and post them on the net for others to see and use. How childish can you get? If you made anagreement to take the pics for a fee, that is a different story, maybe.

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Sorry Jeff, I don't buy that the breed is doomed, not as ling as people love them as passionately as they do.  I really liked the thread about "What makes your dog special"  Perfect example of what I am saying.

Are you talking of the thread where everyone is cuddling something??? Dobes still look like Dobes, but they sure aren't really Dobes. Ever go to a WAC test??? These people have hired trainers so they can pass the test, and they still don't get it right. I was told of one persons dog that on hearing the gunfire, he blew his anal gland and took off so hard that the owner went down and was dragged.

After the dog failed, these same people were trying to convince the judge that it was a hearing dog, and was trying to get her to saftey.

Nice eh??? And I am sure this dog will be infecting the Doberman breed for a while with it's useless seed. Soooo, in conclusion, loving a breed is not enough, because their genetics are so malleble, very quickly the GSD could become absolutly useless. Only got a small percentage of them able to do squat now. BUT with the blinder that people have on today, they won't even notice.

OK, let me try to clear things up.  Here’s the deal… the lady who owns this female showed up a seminar at my club last year.  I take pictures at our club… trials, seminars, even regular training days.  I share copies of these pictures with club members and visitors as a courtesy, since people love to have nice pictures of their dogs to share with friends and family.  I always try to capture a photo that shows the dog at his/her best.  I will take hundreds of pictures at our club trial, and only keep a few dozen that show handler and dog to best advantage.

For example, if your dog is having a bad tracking day at our trial, is showing a high nose, or flat-out goofing off on the track, I will wait patiently until your dog does stick his nose down to the track and then capture that image.  No one wants to see pictures of their dogs failing.

Now, suppose that same individual takes those pictures and uses them commercially, claiming “My dog is an excellent tracker… see here are the pictures to prove it.  Buy puppies from me!”  That would really piss me off as I would perceive that as dishonesty, and I would feel taken advantage of. 

That’s exactly how I feel about what this woman has done.  This female is not a breedworthy dog, in my opinion.  When she came to our club our TD gave an honest assessment of the dog, and it was not flattering.  We told her this female should not be bred but she did it anyway.  Now she’s using my pictures to try to show that she’s got a  tough, hard-biting dog.

I did send her a private email, asking to pull the pictures from her web site, and she responded that she would give me credit as the photographer on her web site.  I responded back that this is not acceptable because I do not want to create the impression that I am supporting her breeding this dog. 

If she refuses to comply…well… let’s just say I got a few OTHER pictures of her dog at that seminar that don’t show the same “tough dog” image.  I hope that I can get her to agree to pull the pictures without getting all nasty about it.

Now do you get it?

Yvette

FYI - we've got a breeder who trains in my club and her web site is plastered with pictures that I took of her dogs.  I never made her enter a legal agreement to use the photos because I know this lady is a conscientious breeder.  She works her dogs, titles her dogs, finds good homes to the puppies, and never tries to use my pictures to create a false impression that her dogs are something that they are not.

Since I did share copies of the pictures with this other lady, and did not require a legal release, I do not know if her using the pictures is legal or not.  However, I do not consider it ETHICAL, regardless of the interpretation of the law. 

Do you see the reason why I have a different attitude towards these two women?

Yvette

Nope I still don't. Almost no one but you, would know that you took those photos of the dog. I see no name or watermark like URMA on the pictures marking them as "yours". No one would know or think you were or weren't endorsing the breedings or not. I wouldn't have until you pointed it out so clearly, "made a big ass deal about"!

I guess if you want to give pictures away and then sue afterwords for misuse, you will be too broke to continue your photo hobby here real soon. I like to take photos everywhere I go also but I snap the dogs in all kinds of scenarios. Owners do like to see the mistakes maybe they didn't notice in real time, so they can address it and fix it before a trial.

My idea/opinion is if you don't like what is happening, change something about the way you are doing it until you get the result you are happy with. IE actually sell your photo's and the buyer can do whatever the hell they wish without being badgered down the road, mark them in someway if you want credit for them, or just don't hand them out to everyone.

4pack,

Peace darlin' - get your hackles down.  I'm not going to run crying to a lawyer right now.  I'm not one of those people who sling around lawsuits like beads at a Mardi Gras parade.  I've learned from this experience and you can believe I'm going to be a lot more selective about the photos that I share.

I understand we'll have to agree to disagree.  This is an important issue for me because it violates some of my general personal principles...

I do not believe that anyone should breed a fearful dog, even if it does have high drive.

I do not believe that people should misrepresent the quality of their dogs. 

If you personally do not support these two principles, then it is your right to believe what you choose and I will not be one to dictate what your own personal ethics should be. 

I asked the lady to take the pictures from her ads as I did not feel she was using the photos appropriately.  If she doesn't, then all that is left for me to do is hold her at arms length, make it clear that I do not condone this, learn from the experience, and move on.

Yvette

If a professional photographer takes pictures and has them available on-line for purchase, the picture needs to be purchased prior to being used even for sharing copies with friends and family.  If anybody, professional or amateur,  takes a picture and sends a copy to the person who owned the dog as a gift, it can be used as the receiver sees fit.  That's my take on things. 

The flip side is if somebody is taking our picture, on private property which most clubs are, neither amateur or professional can use it for advertising without my permission either.

I've been on the user end of photos and video's for over 30-years through the horse industry, and now the dog activities.   That is always how the professionals I've dealt with managed their business.