Hypothetical: A buyer uses your photo/description to sell something... then takes credit for it
airplanenut
Posts: 22,386 ✭✭✭✭✭
There have been plenty of discussions about unscrupulous people stealing images and then selling coins they don't have. We know that's wrong, so here's a new scenario to discuss.
Suppose someone (let's say a small-time dealer, not just a collector) buys a coin from you. A little while later you notice the item is back up for sale. You take a look, and behold! It's your photograph. But wait, isn't that the description you wrote, as well? It is! As you look around, you notice the buyer has done this multiple times. You find more items that you sold, and then recognize some items sold by other sellers. All of the photos and descriptions are from the original sales.
Now this is a situation where you would want to assume the best, so you hire one of Longacre's assistants to email this buyer-turned-seller and ask how they take such nice images. Behold, they send a long reply about the difficulty of getting a good image, and how after a lot of time, they finally got the one you see to come out just right. They tell you all about the camera, lighting, and skill required. Basically, it's lots and lots of practice. Or right click + save, depending on your perspective..
So how, if at all, do you respond to a buyer. Not only did they use the photo/description without permission (since we've established long ago that a sale doesn't automatically transfer rights to an image), but then they also decided to take credit. It's kind of like buying a Van Gogh print, framing it, and exclaiming, "it took me years at the art academy to learn to do this!"
Suppose someone (let's say a small-time dealer, not just a collector) buys a coin from you. A little while later you notice the item is back up for sale. You take a look, and behold! It's your photograph. But wait, isn't that the description you wrote, as well? It is! As you look around, you notice the buyer has done this multiple times. You find more items that you sold, and then recognize some items sold by other sellers. All of the photos and descriptions are from the original sales.
Now this is a situation where you would want to assume the best, so you hire one of Longacre's assistants to email this buyer-turned-seller and ask how they take such nice images. Behold, they send a long reply about the difficulty of getting a good image, and how after a lot of time, they finally got the one you see to come out just right. They tell you all about the camera, lighting, and skill required. Basically, it's lots and lots of practice. Or right click + save, depending on your perspective..
So how, if at all, do you respond to a buyer. Not only did they use the photo/description without permission (since we've established long ago that a sale doesn't automatically transfer rights to an image), but then they also decided to take credit. It's kind of like buying a Van Gogh print, framing it, and exclaiming, "it took me years at the art academy to learn to do this!"
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Comments
<< <i>Welcome to world of professional photography >>
Yep. All have been there. If I was selling on EBAY those images would have light watermarks across the coin. Not enough to distract but more for tracking.
As for him taking credit, karma is a pain. Have someone offer to send him a couple toners for imaging.
<< <i>Welcome to world of professional photography >>
Werd.
You could put a semi-transparent watermark on your images across the coins or include information on licensing the photos, but keep in mind that PCGS gives a license to use TrueViews as you see fit, so someone could just as easily take credit for taking those pictures. If you feel you'll need to prove ownership without wanting to put a visible watermark on your image, you could also use a steganographic plug-in to Photoshop (like Digimarc) to embed an invisible watermark. If the thief is being a jerk about it, ask for a higher resolution picture than the one you know he has and then report the auction as using your copyrighted material.
Keeper of the VAM Catalog • Professional Coin Imaging • Prime Number Set • World Coins in Early America • British Trade Dollars • Variety Attribution
<< <i>As for him taking credit, karma is a pain. Have someone offer to send him a couple toners for imaging. >>
Half dimes in old NGC holders.
Keeper of the VAM Catalog • Professional Coin Imaging • Prime Number Set • World Coins in Early America • British Trade Dollars • Variety Attribution
<< <i>
<< <i>As for him taking credit, karma is a pain. Have someone offer to send him a couple toners for imaging. >>
Half dimes in old NGC holders. >>
or the current photo challenge coin....
<< <i>
<< <i>As for him taking credit, karma is a pain. Have someone offer to send him a couple toners for imaging. >>
Half dimes in old NGC holders. >>
It better be one heck of a scuffed holder. You know, since he's so skilled.
RIP Mom- 1932-2012
<< <i>I'm certainly no lawyer but it seems to me that if you haven't established copyrights on your work then I can't see how you can do anything legally >>
Legally, creating a piece of work grants automatic copyright to it. It's not like a trademark that must be filed.
Russ, NCNE
<< <i>It has happened to me many, many times. I ceased caring long ago.
Russ, NCNE >>
That pretty much sums it up ................. However I think legally they can not use it for advertising purposes which in a way they are.
If, Your photograph is a piece of "Art" then I would go after them, If you used it to sell a coin and they bought the coin from you then I really wouldn't care.
<< <i>It has happened to me many, many times. I ceased caring long ago.
Russ, NCNE >>
Same here. In fact nowadays I head it off by telling the buyer the photos come with the coin. As for my words, well, I would like to see credit but I wouldn't get too worked up about it.
Lance.
If this happened to me, I would inform them that what they are doing was illegal, and that I would appreciate it if they asked permission before using my copywritten works. In the end, I would probably just let them use the photo and description. After all, the photos of the coin now that I don't own it aren't valuable to me.
But that's just me...Mike
Worry is the interest you pay on a debt you may not owe.
"Paper money eventually returns to its intrinsic value---zero."----Voltaire
"Everything you say should be true, but not everything true should be said."----Voltaire
<< <i> It sounds to me like this may not really be a hypothetical. >>
How many hypotheticals are?
<< <i>In the grand scheme of things, this is not that big of a deal. >>
I know that. Frankly, I didn't even really care about the images, thought it was a bit of a push to copy the text, but was quite surprised with the email about how the pictures were taken.
Worry is the interest you pay on a debt you may not owe.
"Paper money eventually returns to its intrinsic value---zero."----Voltaire
"Everything you say should be true, but not everything true should be said."----Voltaire