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Before you start slagging off CCW, which is a reputable car magazine, take a good look at Facebook itself. It is more likely that is them that stole your picture and sold it to CCW who might well have paid for it in good faith. FB are a nasty greedy money-grabbing foreign company who have complete contempt for peoples' privacy and IP rights:

 

http://search.aol.co.uk/aol/search?s_it=topsearchbox.search&v_t=sb_uk&q=facebook+privacy+abuse

 

402 million entries :(

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if you posted on facebook, then facebook own the copyright

 

its in the terms and conditions

 

That's not quite true. You grant them a licence to use your images how they see fit, but only in relation to Facebook. You retain the copyright.

 

Regardless of the law, I think publishers should still respect copyright. The law has changed, but only if you cannot trace the owner of a photo. 

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Irrespective of who holds the copyright, does the subject of the photo (if it's a person) or the owners of the property pictured (if the photo was taken on private property) not have to sign a release before the image can be used commercially?

 

(This would apply to Rab's situation if he was on private property with the landowners permission.)

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No, not at all most of the time. A model release form is considered sensible, especially if the person is more the subject than anything else, but I can take a photo of a car or a house (as long as I'm not physically trespassing to do so) and can use it how I want. 

 

I remember a Princess owner getting miffed because a photo of his car was used on a Crap Car calendar. The photo had been taken in the street - that's life sadly.

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Contact CCW. They're not evil henchmen. Explain the situation and I'm sure something can be sorted out. Give 'em a call.

How about he doesnt give them a call?

Its just a photograph of a rusty van!

The van, I assume, didnt belong to him, he didnt ask permission from the owner if he could photograph it and its probably been photographed a zillion times on anything from camera phones to Nikon specials.

Its not like they published details of a top secret invention.

Id be chuffed if one of the biggest weekly classic car newspapers thought any picture I took was good enough for their publication.

Anybody who puts pics onto Farcebook or any details about themselves risks every other bastard on the Planet seeing it, its just how that place is.

I thought this was all about the pleasure of shite, surely, having a major publication share your picture on furthers the aim of those that seek to maintain, restore and love shite....or something.

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My grump with CCW is when Torsten's A35 was stolen a few years ago, I emailed them, giving details of the theft and car and asking if it could be put in the next issue to help with publicity.

 

They never even bothered responding, let alone print an article.

 

Arseholes.

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How about he doesnt give them a call?..i will do..it will all be fine..

 

Its just a photograph of a rusty van!..its also the subject i specialise in..have done for years..and am creating a visual database...

.

The van, I assume, didnt belong to him, he didnt ask permission from the owner if he could photograph it and its probably been photographed a zillion times on anything from camera phones to Nikon specials.

Its publicly parked..and thanks for your  knowledgeable enthusiasm for quality photography..my camera cost $1000.

 

Its not like they published details of a top secret invention...No its an exceeding popular subject matter.

 

Id be chuffed if one of the biggest weekly classic car newspapers thought any picture I took was good enough for their publication...Been there done that plus earnt star find x 2 pages in Classic Car =100quid.

 

Anybody who puts pics onto Farcebook or any details about themselves risks every other bastard on the Planet seeing it, its just how that place is.Note taken...its also happened here to my work.

 

I thought this was all about the pleasure of shite, surely, having a major publication share your picture on furthers the aim of those that seek to maintain, restore and love shite....or something.

I dont understand that last quote...are you suggesting that I should just put up and shut up...i have my standards as a documentary photographer.That includes credits and potentially a fee.

 

Im suggesting that, perhaps, you should take it on the chin as a "shit happens" scenario.

As there is no mention that you sought permission to take the pic from the owner, let alone pay them for that privillege, it may be seen as a bit of a piss take to expect any form of remuneration for one photograph.

The credit part Id agree with you on, I think common courtesy is lacking in life and a simple bit of text under it explaining who what and where would have acknowledged your photography skills.

As for payment, never in a million years. You didnt pay the owner of the vehicle for taking its picture so why should you profit from it and not them?

In anycase, the owner may well be pissed off after finding out HIS PROPERTY has been splashed about on the worlds biggest social networking site and the biggest classic car publication out there.

That, potentially, allows all sorts of people to see it and find it and steal it, possibly.

I dont doubt your skills as a documentary photographer but if you set yourself up to potentially profit from other peoples property you cannot, hand on heart, take umbrage when its done back to you.

Thats why I said that sometimes you do have to take it on the chin

Oh, I didnt see the bit in the middle, the bit about your $1000 camera.

Your point is?

If my car was on the public highway and you rolled up to take a pic to sell on id probably tell you to piss off or pay me. Is that the mercenary attitude that people need to have nowdays?

So what if the vehicle is publically parked? The bloody facebook page is on a public networking site!!!!

There is no such thing as privacy on there!

If you do end up getting paid for it, will you contact the owner and thank them for leaving it in a nice place to take a pic from? 

Nah.

Its one picture, just the one.

Nobody died and you will still be able to eat today.

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Im gonna cut n paste all of the above and put it in the Abandoned thread over on Retro Rides...which has had 1.2 million views...so lesson to everyone...behind every wreck is an Angry Freebird who'l jump out waving his property rights..dont you dare thinking about photographing my rotten Allegro even tho its in public view...dont u know theres thieving internet pikeys gathering on the horizon with Hi-abs at the ready..and to every photographer worldwide..every tree..valley..deer..post box must sign a model release before it can used..and no money can exchanged becos the world owns the rights to its on image.Now everybody here on Autoshite has to remove all their spots and finds as u are infringing the Freebird Visual Property Act...i suggest sir to you should begin a campaign to have Google Image removed..and National Geographic should expect to be fully censored and sued for infringing on the worlds privacy...

Why are you getting irate? Im not.

Im merely pointing out that you seek to profit from other peoples property ( which i have no issues with and merely raised hypothetical points) but you dislike the notion that somebody could seek to profit from you.

What is so difficult about that?

Its 2013 and virtually impossible to command itellectual rights to bog all, least of all a photograph.

Chill out fella.

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