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Professional photographer resells pictures from other sites

I found a picture on his site that I have taken last year

     
11:25 pm on Mar 25, 2008 (gmt 0)

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I was surfing around on websites about an island we visited last year on vacation and I found a website of a professional photographer selling pictures of that island. One of the pictures on the site was actually taken by myself. He seems to have downloaded it from my personal blog. I have sent the website owner an email from one of my anonymous email addresses asking for the price. I am looking forward to his reply :)

For those who might think that it is possible that we both accidentily took the same pictures at different moments: it's a picture of my daughter.

12:41 am on Mar 26, 2008 (gmt 0)

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Maybe he was beside you taking an eerily similar picture? Tourist locations often have many cameras in the same area snapping pics!
12:52 am on Mar 26, 2008 (gmt 0)

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No, it is a 1:1 copy of my own picture and he has already admitted this by email a few minutes ago. Email communications are going back and forth now, he is trying to do some damage control I guess. I'll inform you of the outcome.
8:23 am on Mar 26, 2008 (gmt 0)

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If the photographer has purloined a pic of yours, then one would have to wonder whether there are any others on display that have been obtained by the same means.

Syzygy

8:47 am on Mar 26, 2008 (gmt 0)

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A Web 2.0 photographer!

I suggest that damage control take the form of both back-fees for his having shown your photo on his site, compensation (to your daughter) for him using a photo of your daughter without her release and an estimated fee based upon the charge he wanted to make and your best guess in the absence of evidence that he probably sold it X times.

9:27 am on Mar 26, 2008 (gmt 0)

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A Web 2.0 photographer!

LOL!

If the photographer has purloined a pic of yours, then one would have to wonder whether there are any others on display that have been obtained by the same means.

Yes, actually the copyright notice on his website contains (translated and paraphrased):

A number of pictures have been taken from other websites, they will be replaced by my own pictures over time. If you are the lawful owner of a picture, please contact me.

His Terms of Service start with citing the Dutch copyright Act, followed by a number of paragraphs about damages you have to pay him when you infringe his copyright, revoking rights when people use his pictures improperly etc. I use the terms in his own TOS to settle this issue. :)