Photograph theft. Complaint for illegal use of one of my photos

[defaultkzqun6h56ml1]

Photograph theft. Complaint for illegal use of my photograph. How do I report an Adobe user who uses a photograph I own? This impostor sells it without my permission. It's not right. I cannot contact Adobe, which is complicit in this fraud.

Thanks for your invaluable help.

[davescm]

Sells it where?

Dave

[defaultkzqun6h56ml1]

The photograph is for sale here:

https://stock.adobe.com/fr/190311782?as_campaign=TinEye&as_content=tineye_match&epi1=190311782&tduid...

[davescm · Accepted solution]

See the link below for contacts regarding copyright infringment

https://www.adobe.com/legal/dmca.html

Dave

[Derek Cross]

This forum – staffed mostly by volunteers – cannot deal with your complaint – you need to take it up directly with those you feel are involved with this issue.

[defaultkzqun6h56ml1]

Yes, but I can't find the channel, an email address, where to write.

The photo is for sale here: https://stock.adobe.com/fr/190311782?as_campaign=TinEye&as_content=tineye_match&epi1=190311782&tduid...

Thanks for your help Derek and your response.

[Derek Cross]

Adobe Corporate Headquarters

345 Park Avenue
San Jose, CA 95110-2704

[Test Screen Name]

This is a terrible thing to happen. Because it is a legal process, you cannot call, or send an email. Adobe need to follow the law, to deal with the case where two people both claim to own a picture. The process is called DMCA, and you must use the DMCA form.

[davescm]

The form is in the link I attached earlier.

Dave

[Ussnorway]

just to be clear,

the image you linked to is not a Photograph but a rendor... the copyright rules are different because a "photo" has a negitive which can be traced back to a single camera

[davescm]

Copyright ownership applies to images created and rendered in 3D applications just as much as they do to those taken with a camera, or painted with a brush.

Dave

[jane-e]

Copyright laws may vary from country to country. This is the first paragraph from the U.S. government site.

https://www.copyright.gov/help/faq/faq-protect.html

"What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section 'What Works Are Protected.' "

Jane

[Ussnorway]

that copyright covers rendor images is not the point guys... copyright is an old fashioned idea designed for a world that does not exist anymore.

back in the day you could prove that a photograph is your image because you had the negative and yes if I copy your rendor then I'm breaking copyright laws but my point is I don't have to copy your rendor to get that image

Dave, myself (or any skilled 3D artist) can make that same image without the need to copy anything... in other words we can just make it up from nothing but what we see in our own mind and that makes winning a copyright claim a big problem because its not something the law considered back when it was worked out... anyway this is also besides the point and the form Dave linked is the correct answer to question as it was asked

[davescm]

It is a good point you make Graham. The image is subject to copyright but the idea is not, so a similar image can be created by another artist.

Dave

[defaultkzqun6h56ml1]

You are telling me that it is possible to download a photograph of Ansel Adams or Cartier Bresson, without asking permission, modify it, manipulate it and then sell it ????? Are you telling me this is correct? It is scandalous. It is unacceptable.

[davescm]

No we are not saying that at all.

We are saying that it is perfectly acceptable to go to the same location and take a similar photograph. The image is copyright, the idea is not.

So to follow , if someone has created an image from scratch in 3D software it is acceptable for someone else to create, from scratch, a similar image, not using any element of that original, but ending up with a similar result. This time the image and the individual 3D models used to create it are copyright, the idea is not.

Dave

[jane-e]

It should also be mentioned that we are volunteers who do not work for Adobe and we are not lawyers. All opinions are our own. If you need legal advice, please consult a lawyer.

~ Jane

[davescm]

Good point Jane. A lot of this is common sense.

As mentioned above. if you believe your copyright has been infringed then use the link posted earlier.

Dave