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Graham

Hmmm...

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Here's a link to the U.S. copyright office that (sort of) explains what it's all about. A lot of these shady operators will run the risk that the stuff they steal isn't registered, since all they'll lose upon discovery is the fee they'd have to pay in the first place. (actual damages) If your work is registered, then they could be forced to pay statutory (punitive) damages and legal fees. John is 100% right about talking to a lawyer. I had to do it when a collection of my European prints was stolen. It wasn't cheap, but if any of that stuff ever appears in print or for sale, it's a matter of public record that the work is mine, and I'll nail the bastards to the wall.

 

 

http://www.copyright.gov/circs/circ1.html

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Thank you guys, I feel like I have such close friends here, seriously, it's a good feeling reading your posts.

 

I will look into this further, and see what the relationship is between the publisher and the author.

 

A number of year ago I was in a local fly shop and a book on the shelf caught my attention, a Frank Amato book, New York Fly Fishing guide, and two photos on the cover were taken by me, a nice monster brownie pic, and the other was a pic of a buddy with a huge steelhead. I contacted Frank Amato and he mentioned that if the book is ever re-printed I would get the photo credits, and he sent me a catalog of his books, with an offer to help myself to whatever I want. If I recall correctly, there were about one dozen of my photos inside the book as well, with several photos of my buddy. This is the same guy that I recently posted photos of with the monster peacock bass. I let the whole situation blow over, because it could have become quite a mess. Back then my buddy was one of the top fashion models for Ford Modelling Agency, typically got paid several thousand dollars for a few hours work, and was under exclusive contract, with Ford getting a percentage of his assignments. BTW... He just got back from a week in Cabo and the marlin fishing was insane, the small group caught over 100 marlin. But thats another story.

 

I really try to keep man made stuff out of my nature photos, and that includes my name and copyright symbol. I didn't think 72 dpi images lifted from my site would have enough resolution to be suitable for printing. But, it's happened, and I'll do some investigating.

 

Thanks again!!!!!!!!!!

 

Graham

 

 

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So, I'm confused. Is this author trying to prove that caddis flies evolved from hooks or that the Intelligent Designer is a fly fisherman? :dunno: :hyst:

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Graham-

 

I think as a producer of a product ie - photographs you have every right to assert your ownership over your images and their use. I think it gets sticky ( not a lawyer here)

when you bump up against the "public domain " concept.

 

 

My own first reaction would be to contact the author , identify yourself as the image/s producer and point out that his actions were inapproriate .

 

If nothing else , he would be aware you have a concern and second if no response was forthcoming, would show a lawyer you had at least tried to resolve things civily without any luck.

 

If you do get a response , then go from there.

 

hope it works out , in the meantime we want more pictures:)

 

Will

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Will, at the rate Graham is being robbed, it'll be a wonder if he ever posts another picture anywhere. I'll bet when the crooks get together late at night, they speak of Graham with the same reverence that bankers use when they discuss Jed Clampett.

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I just can't belive all of the e-mails flooding my inbox.

 

I'll paste one such message below, which is interesting...

 

 

 

Dear Mr Owen,

 

The probability is fairly high that you have already been E-Mailed with respect to this subject, but just in case it is new to you, you might like to be informed that some of your photographs of realistic representations of insects and other creatures used as fishing lures have appeared in a most unlikely source.

 

The source in question is a book entitled Atlas of Creation, an expensively-produced but intellectually worthless tome published by a Turkish man under the pseudonym of Harun Yahya - he is also known as Adnan Oktar, and has a thoroughly disreputable history. Basically, he uses his wealth to send copies of his book around the world to whoever will bother to read them, in a desperate attempt to try and establish that the collected endeavours of the world's scientists with respect to evolutionary biology have all been wrong (insert "rolleyes" smiley here) and that everything was just magically "poofed" into existence by whatever supernatural entity tickles this individual's erogenous zones.

 

In this book, Oktar purports to demonstrate, by the egregious juxtaposition of various creatures (in some cases creatures that don't even belong to the same taxonomic Order) from the fossil record and the extant living lineages, that these creatures haven't changed, and therefore evolution never happened. But that is beside the point. The point is, several of his illustrations of purportedly "living" creatures are, in fact, DIRECT COPIES of your fishing lure photographs lifted unaltered from the Web.

 

Now although Oktar isn't actually making any money from this, indeed he's spending a small fortune of his own on the enterprise for no return because he hands these books out for free to biologists across the world (who usually smile knowingly upon receiving a copy), but the fact remains that he is using material of yours in his work, for purposes other than originally intended, and consequently it might be worth your while investigating whether or not there is a prima facie case for a suit on the basis of breach of your copyright. After all, this is YOUR hard work that Oktar is misusing, and it has to be said misusing in a pretty amateurish fashion, because the photographs of so-called "living" creatures he presents, in some cases, STILL HAVE VISIBLE HOOKS EMERGING FROM THEM. While you may find this briefly amusing as many of us just alerted via the blogosphere do, you may also find it worth your while finding a professional lawyer among your fishing fraternity who would be willing to act on your behalf with respect to what is, even to a non-lawyer such as myself, a fairly manifest breach of your copyright.

 

Incidentally, while I am not a fisherman, I am an amateur entomologist, and I have to say that several of the lures you describe as 'realistic' on your web site truly are works of art in this regard. I take my hat off to your skill, and wonder in addition if you might not consider adding to your income by offering to fashion insect models for museums and other academic institutions to use as display material, as I am sure they would pay handsomely for the service. Last time I checked the figures involved, an anatomically correct model of even a small insect commanded a price tag of some £100 to £200 here in the UK, which at current exchange rates is around $200 to $400 US - that's per individual specimen. I don't know if you charge similar fees to your fishing customers, but it would be worth investigating this alternative source of income if you have not already done so, as well as investigating the possibility of enjoying an expensive foreign holiday courtesy of Mr Oktar's malfeasance with respect to your photographs. :)

 

Yours sincerely,

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A number of year ago I was in a local fly shop and a book on the shelf caught my attention, a Frank Amato book, New York Fly Fishing guide, and two photos on the cover were taken by me, a nice monster brownie pic, and the other was a pic of a buddy with a huge steelhead. I contacted Frank Amato and he mentioned that if the book is ever re-printed I would get the photo credits, and he sent me a catalog of his books, with an offer to help myself to whatever I want. If I recall correctly, there were about one dozen of my photos inside the book as well, with several photos of my buddy. This is the same guy that I recently posted photos of with the monster peacock bass. I let the whole situation blow over, because it could have become quite a mess. Back then my buddy was one of the top fashion models for Ford Modelling Agency, typically got paid several thousand dollars for a few hours work, and was under exclusive contract, with Ford getting a percentage of his assignments. BTW... He just got back from a week in Cabo and the marlin fishing was insane, the small group caught over 100 marlin. But thats another story.

 

 

Graham

 

Funny i was just looking at that book in local shop last Saturday and thinking to myself, 'man, that Graham has pictures everywhere'.

now i know there is a story behind the pictures.

 

to a certain degree it must be an honor to have your work stolen. however IMHO i do think its wrong and i do think you should do something about it. fight the good fight.

 

whats next--are we going to see a tying DVD with videos ripped from a HATCHES TV type website? i wont be surprised when it happens.

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Graham woud you mind if I copied this on another photography and or fly fishing board. While the matter is serious imo and you should contact a lawyer its also outrageously funny.

 

J

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This whole caper is beginning to resemble a Mel Brooks movie script - all that's missing is a musical number. What will eventually happen is that Graham will sell his company, use the proceeds to go to law school, and thereafter spend alternate days photographing critters and suing the people who abscond with the pictures. A Turkish religious fanatic who steals pictures of fake insects to illustrate his book, which he hands out to scientists? If you made this stuff up, nobody would believe you. Graham, it might be time to consider hiring an agent.

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