Company Steals My Photograph...

[speedminded]

dtmfiberwerkz.com aka eurostopusa.com
19019 Parthenia Street, # 107-108
Northridge, CA 91324

I sent the vendor a letter and invoice stating they have 30 days to respond otherwise all evidence will be turned over to my intellectual property attorney.

A notary public at the UPS Store screen captured, printed, and notarized the said copyright infringement as evidence; including the images, the source, and the file directory that contained the image. I included copies of this in the packet I mailed them.

Ironically they removed the photo within a day of receiving my packet and I did not even send a cease and desist letter. The invoice is for the use of the image up to the day of the said invoice, and as a gesture of good will offered a free 2 year usage license. This way by removing the image, which I was sure would be done anyways, has zero affect on the outcome. They can't simply say it's gone and they're not using it so they don't have to pay for it.


http://www.jasontbarker.com/images/dtmfiberwerkz/DTMwerks_jasontbarker_stolen_photo_small.jpg (http://www.jasontbarker.com/images/dtmfiberwerkz/DTMwerks_jasontbarker_stolen_photo_800x868.jpg) http://www.jasontbarker.com/images/dtmfiberwerkz/DTMwerks_directory_stolen_photo_small.jpg (http://www.jasontbarker.com/images/dtmfiberwerkz/DTMwerks_directory_stolen_photo.jpg) http://www.jasontbarker.com/images/dtmfiberwerkz/DTMfiberwerkz_Letter_small.jpg (http://www.jasontbarker.com/images/dtmfiberwerkz/DTMfiberwerkz_letter.jpg) http://www.jasontbarker.com/images/dtmfiberwerkz/DTMfiberwerkz_Invoice_small.jpg (http://www.jasontbarker.com/images/dtmfiberwerkz/DTMfiberwerkz_invoice.jpg)
Click to enlarge images


Copyright FAQ's by speedminded.

All creative arts, including photographs, are copyrighted material the moment they are created: that includes literary works to paintings. That means anyone that takes a photo owns the rights to it the second they push the shutter button, whether it's a cell phone camera or a $40k Hasselblad. The image does not need to be registered with the US Copyright office in order to award the photographer statutory/compensatory damages plus their legal costs.

If a photograph is registered then punitive damages may be awarded. There is a 90 day requirement after publication for an image to be registered. As seen in the file directory screen capture as of today it's been 47. For $35 my photograph will be registered with the US Copyright office which allows punitive damages of up to $150,000 per copyright infringement. I don't mind a company using my photographs, I have an issue with a company using my photograph for commercial use without my permission plus removing my watermark from it.

[thecrazyone]

get 'em

[CHADbee]

hell yeah.

too many photographers out these are ignorant too the fact that each photo they take they OWN and just dont care if companies steal their work.

[HatchHero]

ur most def doing the right thing. i hope it works out for you

[David88vert]

Trade him pics for parts.....

[n00bsrus]

lol FTW. copyright laws are DOIN that website! hahahaha hope everything works out for ya... what's the amount you charge for that pic? it's blurred .... :-(

[Elbow]

So you're still trying to get money from them even though they removed it?

[n00bsrus]

hey chad, can you make my truck looked not wrecked with some of your fancy schmancy camera editing? lol

[blacknightteg]

damn jason. this has happened to you a couple times before hasn't it? that has got be be getting annoying.

[SampaGuy]

I bet all of you photo people still download illegal music/movies/software.

[Black Mamba]

GET'EMMMMMMMMMMMMMMMMM

[fresh fit]

YOUR A FAWKING JACKASS! its a picture who gives a fuck. get over yourself seriously!

[Tracy]

YOUR A FAWKING JACKASS! its a picture who gives a fuck. get over yourself seriously!Some people have jobs as photographers. What if someone stole a hamburger from you and said, "Just get over it. It's only a hamburger." McDonald's would be pissed that they stole something you worked on.

[Jaimecbr900]

YOUR A FAWKING JACKASS! its a picture who gives a fuck. get over yourself seriously!

Says the dickhead that is only on IA to sell his shitty parts.....:rolleyes: Hey fuckwad, he doesn't have to get over anything. It's HIS picture, HIS work, and HIS right to have it published where HE wants when HE wants it to. How about we just all go to your little mobile home and take those cool nifty little Honda parts you keep trying to sell all the time? I mean, they're just shitty parts, right? Why can't we just take them from you? Oh, that's right.....VTAK HONDUH parts are the shiznit and uber cool and are much more important than someone's hard work.....:rolleyes:

Why don't you just go and concentrate on making your uber fresh FIT:rolleyes:into some cool JDM bandwagon machine and leave the grown folks alone to converse about things that matter????? Huh? Run along little kid. Go back to your sandbox.

Oh and BTW, if I see one more "bump", "glws bro", "clean" BS posts from you.....I'm personally banning you and erasing your entire post count down to zero........:goodjob: Maybe this was one of those times your mom and dad told you about where you should've kept your mouth shut, huh? :ninja:

Dick. :2up:

[Jaimecbr900]

Jason, you do your thing. I hope you pin their butts to a wall so hard they'll never steal anyone's photos again. This stuff's not funny at all to the people that take their craft seriously.

[Elbow]

YOUR A FAWKING JACKASS! its a picture who gives a fuck. get over yourself seriously!

:) Funny

[CHADbee]

YOUR A FAWKING JACKASS! its a picture who gives a fuck. get over yourself seriously!

some people like ME make a living off photography, i was laid off 3 months ago and since then photography has paid every bill i have, im poor as fuck but my bills are paid. if people run around STEALING my photos when they should be paying for rights to use them i would sue the shit out of them. your the only jackass in this thread.....i hardly ever negative rep people but you clearly deserve it :2up:

[5speed]

I agree that he has no reason to just get over it. It is a source of income. Jaimecbr900- WTF does him living in a mobile home have to do with anything? Maybe thats what he can afford. Who gives a fuck. That call out alone makes you a dick. Now we got 2 dicks in this thread...where da pussies at lol. And to BAN somebody over that is pathetic. Powertriiiiipppp

[Jaimecbr900]

Jaimecbr900- WTF does him living in a mobile home have to do with anything? Maybe thats what he can afford. Who gives a fuck.

Hey newbie kid......you not only didn't get the sarcasm, but maybe I hit a nerve because you haven't taken the wheels off yours yet????:lmfao:


That call out alone makes you a dick. Now we got 2 dicks in this thread...where da pussies at lol. And to BAN somebody over that is pathetic. Powertriiiiipppp

When you address me, Sir is the proper term. How's that for a power trip?:rolleyes:

Go read the rules, shit-for-brains. It's clearly on there that bumping to puff up your post count is not only a bannable offense, but you get your post count back down to zip. Know how I know that, idiot stick? Because I wrote the rule, genius.....:rolleyes: OHHHHHH, so is mod bashing outside the WL too.......wanna go for strike three, captain-save-a-ho????? Bash a mod again, fuckface.

Thank you, have a nice day. Maybe you too should've listened to mommy and daddy and learned when to keep your trap shut. :goodjob:

[Tracy]

Hey newbie kid......you not only didn't get the sarcasm, but maybe I hit a nerve because you haven't taken the wheels off yours yet????:lmfao:



When you address me, Sir is the proper term. How's that for a power trip?:rolleyes:

Go read the rules, shit-for-brains. It's clearly on there that bumping to puff up your post count is not only a bannable offense, but you get your post count back down to zip. Know how I know that, idiot stick? Because I wrote the rule, genius.....:rolleyes: OHHHHHH, so is mod bashing outside the WL too.......wanna go for strike three, captain-save-a-ho????? Bash a mod again, fuckface.

Thank you, have a nice day. Maybe you too should've listened to mommy and daddy and learned when to keep your trap shut. :goodjob:

Now that's how the fuck you do a power trip!!! NM?

[bigdare23]

Bash a mod again, fuckface.



Not being a jackass, but that kinda proved 5speed's point...

[Jaimecbr900]

Now that's how the fuck you do a power trip!!! NM?


ohhhhhh, Kevy Kev's gonna get you for using his catch phrase.......Ooooouuuuuu, Ima tellin'.......:ninja::D

[CHADbee]

the pwnage in this thread is strong :D

[Tracy]

Not being a jackass, but that kinda proved 5speed's point...He was on a power trip.

[Jaimecbr900]

Not being a jackass, but that kinda proved 5speed's point...


When you step into someone's thread who clearly is in the right being a dick, then don't get a sandy vagina when you get called out. In all the time I've been on IA, longer than you and him put together, I've never been accused of being on any "power trip". :goodjob: Funny thing is that I could shut down this entire site if I felt like being on a REAL "power trip"......people would go into DT's if that happened.....:lmfao:

[Jaimecbr900]

He was on a power trip.

Another insubordinate.......where the hell is my ban stick??????:ninja::D

[oneSLOWex]

Hope you get his ass dude for reals! People think just because they can right-click and save they can do whatever they want with it. I dont exactly buy everything I am "supposed to" on the internet...but I sure as hell wouldn't be dumb enough to take someones pic and try to use it to sell my product without their permission.

[aguynamedpat]

Go get em Jason, thats messed up. Good luck fighting them all the way across the country though. How difficult will it be? Any idea?

And Jaime is far from a dick. He is one of the more real members of this site from what Ive seen. Calls shit how he sees it, which is what he did in this thread.

[Tracy]

Another insubordinate.......where the hell is my ban stick??????:ninja::DTechnically I should have been banned sometime in 2002. Alas, I know your boss :taun:

[Jaimecbr900]

Technically I should have been banned sometime in 2002. Alas, I know your boss :taun:

Quit playin'......you knows I run these skreets in heun.....;)

[Tracy]

Quit playin'......you knows I run these skreets in heun.....;)Ok. Well I know all of THEE bosses then. Including you.

[XanRules]

you've handled yourself very well so far, interested to see the outcome.

[Jaimecbr900]

Ok. Well I know all of THEE bosses then. Including you.

Betta......I thought I was gonna have to break out my Speedmonkey ban stick up in this place just for you......:D:lmfao:

[BAD SS]

Good luck, Jason.

I need to get off my ass and talk to the Miami Mile people.

[SampaGuy]

I bet all of you photo people still download illegal music/movies/software.



This.

[CHADbee]

This.

oh mah god i download music that is made by a person that makes MILLIONS a year, they will be ok wthout my $15.

the difference is im having to survive off photography and im so poor im eating my cereal with a fork so i can re-use the milk. that $15 doesnt change the way people from system of a down live at all but the hundreds of dollars i would get from somebody buying one of my photos would effect my life drastically.

[aguynamedpat]

oh mah god i download music that is made by a person that makes MILLIONS a year, they will be ok wthout my $15.

the difference is im having to survive off photography and im so poor im eating my cereal with a fork so i can re-use the milk. that $15 doesnt change the way people from system of a down live at all but the hundreds of dollars i would get from somebody buying one of my photos would effect my life drastically.

I agree that it is wrong what they did, BUT this is a bad analogy. Just because they have millions doesnt make it more right to steal from them. If everyone had that philosophy, they wouldnt have hit it big in the first place.

[CHADbee]

I agree that it is wrong what they did, BUT this is a bad analogy. Just because they have millions doesnt make it more right to steal from them. If everyone had that philosophy, they wouldnt have hit it big in the first place.

i never said it was right, cause it isnt at all but but me DL'ing a bands CD for PERSONAL use and a company stealing my photo for MARKETING their product which they will make money off is is different in my eyes.

DL'ing music then burning multiple CD's to sell and stealing photos for marketing is more of a fair analogy....which i do NOT do

[BAD SS]

im so poor im eating my cereal with a fork so i can re-use the milk.

:lmfao: :lmfao: :lmfao: :lmfao: :lmfao: :lmfao: :lmfao: :lmfao:

[CHADbee]

:lmfao: :lmfao: :lmfao: :lmfao: :lmfao: :lmfao: :lmfao: :lmfao:

:crazy: and :(

[XanRules]

Every time you feel bad about illegal downloading, watch an episode of MTV Cribs.

I promise you'll feel better.

[5speed]

Well you can't always read sarcasm over the computer. It seemed to me after reading it that you were bashing him for something that had nothing to do with his character I.e. living in a mobile home. Nope, I live in a house BTW. How could I be on a power trip, I have no power here. Thanks for contributing so much to the site though. It just didn't mean a damn thing to me when I didn't catch any sort of sarcasm. It looked like you were being the bully at school making fun of somebody who doesn't have much money. I just don't stand for that shit. Since you didn't mean that I take it back that I said. No kissing ass here Sir, just setting things straight.

[GirlieZ]

wow g'luck jason! my hubby has had to deal with that too :( its a compliment but a pain at the same time

[Tarzanman]

The only way to keep from having your photos stolen is to not put high res copies on the internet.

If someone wants it, then can spend the time to clean a watermark in PS.

[CHADbee]

The only way to keep from having your photos stolen is to not put high res copies on the internet.

If someone wants it, then can spend the time to clean a watermark in PS.

and i keep putting hi res desktop wallpapers on my blog.....im a smart one huh :screwy:

[Black Mamba]

Every time you feel bad about illegal downloading, watch an episode of MTV Cribs.

I promise you'll feel better.


I don't get it.

[sTeadFasT]

I don't get it.

He's just talkin' about how the wealthy music artists blow off their money that they make from making music on lavish things.

Anyway, downloading music is ONLY similar to this instance if lets say you use that music you downloaded for a commercial for video that you've used to promote your products and make money/advertise. Personal use is completley different.

OP: Get 'em.

[roscoe]

any updates on the situation? looks like alot of rep action in this thread lol