Photo Theft by usaorchids

[littlefrog]

You can also watermark your images. Basically you imbed your logo or your name into the image. There are various programs for it, some are even free. I used to do this a lot. I was sans camera, so haven't posted any pictures for a year or so.

Just bought a new fancy camera...

[RosieC]

Shame on them

Knowing that would stop me buying from them. Of course I live in the UK so wouldn't from this seller anyway, but it is the sort of thing that would make me feel I couldn't trust them and wouldn't want to buy from them.

[orchidcub]

Wow! I have to say I'm surprised and a bit disappointed from this. I've bought from Usaorchids several times. His selection is always the best and I don't think this 'flaw' would hinder me.

The guy seems very nice and sends me a premium list each month. Despite this, I give him the benefit of the doubt and don't see any intention of harm.

Being a counselor, I have to say look at the other side rather than speculating. What really is the selling point on an orchid from Ebay? First and foremost it would be what the bloom looks like, or maybe even the foilage. Sellers don't actually sell the photo which would be illegal.

Every vendor on Ebay that I've bought from has pulled pics from the net or sent from their third-party suppliers. Does this stop me from buying from any of them?

Here's a scenerio I can across 2 years ago: I was at the San Francisco Flower and Garden show 2 years ago. A vendor had an orchid that I had never even heard of and it was $95. Of course I want to see a bloom photo before purchasing. Sure enough the guys pull their computer out and find a photo online, print it out and put it above the orchid. This is the same concept. Nonetheless, I still bought from him as he had very cool hard to find items.

As a legal individual and counselor, here is my advice:

Anything you put on the internet can be used or 'stolen' if you like. This is considered infrigement unless an actually copyright is documented and paid for from the US Copyright Office.

Put a digital watermark on your photos so if they are used, it has your name on it with given credit. (This doesn't really give you protection but puts your name on your work)

Contact the individual/seller prior to speculating. More often than not, especially with my experience, the sellers apologize and remove the photo. In addition, I'd be careful of using the word 'theif' or 'stole' as this can be sometimes used as Defamation of Character. I don't like saying anything bad about anyone unless I have facts to back it up.

Sorry if it seems like I defend any of these guys, however I do look at both sides of the coin. I can understand both frustrations!

[Tom-DE]

"Anything you put on the internet can be used or 'stolen' if you like. This is considered infrigement unless an actually copyright is documented and paid for from the US Copyright Office."

BS! He/she used my photo and someone else's photos for commercial purpose. If he/she used them for educational purpose, that would be different story.

"Put a digital watermark on your photos so if they are used, it has your name on it with given credit."

I know my photos even I don't have my name on them, and how that is going to change the situation(stealing my photo without my permission)? Do the banks loan everyone money? I don't have to associate with every single *** in the world, do I?

"Contact the individual/seller prior to speculating. More often than not, especially with my experience, the sellers apologize and remove the photo. In addition, I'd be careful of using the word 'theif' or 'stole' as this can be sometimes used as Defamation of Character. I don't like saying anything bad about anyone unless I have facts to back it up."

Ebay doesn't allow the sellers use someone else's photos without the owner's permission. Ebay needs to know about such violations so they can take action. Yup, I also finally found the contact info and emailed usaorchids. They took the photo off and "appologized". They did give me some laughable excuses(like the son pulled out a wrong file). I wondered why my photo would be stored in the photo file of a regular Ebay orchid seller. Trust me, this isn't the first or last...
What is your definition of theft/stealing? For me, it means "taking someone's property without asking/permission", so I have no problem to use 'theft' or "stealing" in my post if it fits the definition.

"Sorry if it seems like I defend any of these guys, however I do look at both sides of the coin. I can understand both frustrations!"

LOL! I can't say you really looked at both sides of the coin after you gave uasorchids all those praises and excuses. Actually there aren't two sides... The fact is without my permission, they used my photos for commercial purpose.

[orchidcub]

Geez, I don't think there is any reason to get so defensive or worked up. I am not defending either party, however just emphasized that I have been pleased with their products. So I should stop buying from them because you assume one thing. So if Kawamoto Orchids or Andy's used someone else's photo, you would stop buying from them?

I gave informative advice on how to protect your photos but I guess that I'm an *** for that.

Guess this isn't as friendly of a forum as I suspected.

[Tom-DE]

Huh? Now you are not making any sense here. One thing, let me make it clear, I don't assume anything. They used my photo without my permission, that is a fact, not an "assume".

Please don't drag Kawamoto or Andy's Orchids into this. They have nothing to do with this. If any other orchid vendor use someone else's photo without permission, I would not look at them differently. Wrong is wrong! There are many ethical vendors out there and I would rather patronize those vendors...

BTW, this is a friendly forum! and you just don't like my responds, that's all!

[keithrs]

Have to tell you Tom..... Some people can give a sh!t about others and there "property" when it comes down to money!!! Unfortunately the only way you can fix this problem is with water marks. No, this won't keep the average joes from using the photo but it will for the most part keep people from using it for personal or company gain.

[Tom-DE]

I just found out Seattleorchid used this same photo for their listing. I know they are advertising here as a sponsor, but it still doesn't make it right. All they have to do is getting a permission from me first!


Edit; Seattleorchid also stole my Den. shrautii and Max. sophronitis photos... Pay me up!

found out they also stole my Den. trantuanii:

[RosieC]

Two notes I would like to make.

First please everyone keep things civil and friendly. We don't like arguments here and if it carries on I will have to lock this thread which I really don't want to do

Second. See this link where Ray talks about how US law makes something you publish which is your original work, automatically copyright to you with no other process needed. Saying that "Anything you put on the internet can be used or 'stolen'" is not actually true. Saying that most people think it is true is more acurate. Posting your photos here or anywhere else does NOT make them public property to be used by whoever wants to.

[silken]

I agree, you don't have to register with the copyright office to have some protection. You have further protection if you do, but who of us orchaholics can afford to take some big company to court or pay to register every photo of our orchids when we spend all our money on orchids

But Tom-DE's comments of thefts by these two companies, one who is a sponsor, makes me wonder if this is where they are getting many of their photos. There's a picture for almost every kind of orchid here. I think I will start slapping my signature onto every one. A watermark across the middle ruins it for re-use, but also ruins it for any of us wanting to enjoy a nice photo or check out detail of a bloom. Too bad someone always has to ruin things for others.