I think ive been ripped off.

[Lizzard[MPE]]

By my local government/tourism department no less.


Need your opinions.



Does this look like the same photo?

(temporarily removed pics)

[Umfriend]

hmmm, the sunlight reflection on the left-front top appears very similar. I was hoping to be able to see the traffic lights on the card bt I can't see which light is burning there.

If it is not the same picture then it seems to me the coincidence is striking. The reflection but also the exact angle that causes the lamps from the traffic light poles to end up in the exact same position is striking. Is there any reason why someone taking the same picture would have the same angle and the same height?

To bad the postcard does not show anything on the groundfloor (such as the cars...). I am no expert in any sense on this but if it isn't the same picture you could have fooled me for sure.

[Lizzard[MPE]]

I just came across the website tonight out of the blue. I did a double take. What I noticed was the sun glare, and position of the poles, and the greenery on the roof. I seriously am beginning to think more and more that its my picture they've used. And maybe added the grass to cover up the vehicles? people suck.

I should post a poll.

[Fat Tone]

Can you do a better scan of the postcard? It does look very simillar indeed but the traffic lights and that 2nd floor corner balcony look like they might be different from looking at the images as shown.

[TransformX]

It's easy to find out Lizzy.
Put one on top of the other and enlarge the smaller one till it's exactly the same size, then turn transperancy to 50% or use a difference filter. You'll soon find out of both pictures were taken from the exact same angle or not, as well as color/shading differences between the two.
My opinion is that you were ripped off, the photo was cropped and brightened up a little bit.

[VJ]

It seems to me that that front pillar on the postcard is slanted to the left, whereas the one on your photo appears slightly slanted to the right.
Could be just my impression though; do as TransformX suggested to make sure.

It does look very similar...


Jörg

[Brian Ellis]

Question: if it's yours, how did they get hold of it? If from, e.g., a website, did you have a copyright notice? This is not a legal requirement, but it does establish that it was not a mistake by an unzealous employee.

Send them a letter explaining the breach of copyright and that you are entitled to royalties at say $1 for each publication printed.

OTOH, there was a case (in the UK, I think) of a professional photographer taking a long time and great pains to set up a camera and, just at the moment he clicked the shutter, someone near him took a photo of the same scene. The latter published his photo and was promptly sued by the pro, who had also published what was ± an identical photo. The judge threw the case out of court because copyright does not exist in a scene, only in an artist's interpretation of a scene; in this case, two artists interpreted the same scene to his own guise. There was no question of B having copied A's work.

[Lizzard[MPE]]

It was uploaded two places:

My photo.net portfolio which states "All photos are copyright the photographer, and may not be used without written permission."


and Emporis.com and you can purchase the photo for a fee of 200 EUR.

[Lizzard[MPE]]

Interesting thing I just noticed, that sun glare is one of a kind, as it was much worse, and i tried to correct it with photoshop. This was like 2-3 years ago I produced this picture and I was shiat at photoshop back then.

Clearly.

[VJ]

Emporis clearly states:
-
Personal and non-commercial Use Limitation
Unless otherwise specified, the services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the services.
-

So it does seem the photographer of the postcard would indeed be in violation of copyrights. You could try contacting the publisher...
(might want to get some legal advice first)

Jörg

[ND66]

Interesting thing I just noticed, that sun glare is one of a kind, as it was much worse, and i tried to correct it with photoshop. This was like 2-3 years ago I produced this picture and I was shiat at photoshop back then.

Clearly.

.

[Lizzard[MPE]]

Its not a postcard.. its being used on the main page of a website and for a city campaign!

Ive found out the advertising firm who did this is under a $1 million a year contract paid for by the local government.


and they cant buy a little picture?


I'm contacting a lawyer, I am so irate.

[Lizzard[MPE]]

I'm also going to take down these pictures from this thread temporarily until this is settled.


thanks for the opinions everyone

[DukeP]

Let us know how it plays out.

~~DukeP~~

[Jammrock]

Make sure you send a take down notice to the City of Louisville, that should be fun.