blogging, law, Photo

Stealing an image of a kid

Apparently I nearly killed a reader through pure boredom with my last post, so I hope this stuff is slightly more interesting.

A couple of weeks ago my father-in-law calls me wondering if I have started selling pictures of his grandchildren to commercials. He is talking about a picture of his grandson listening to an iPod. Used in an advertisement in a magazine he just received.

I haven’t sold any pictures of my son to commercials, so I was quite interested in this. As you can see from the picture that I have inserted above, my father-in-law had reason to believe that I was selling images to commercials.

The image is available through this article. And available for sale for editorial use over at shutterpoint. I am selling images both for editorial use and for use in commercials. Any images that include family members are only available for editorial use. The people responsible for this ad have not bought any pictures from me. And this particular picture isn’t even available with a license that would allow use in an advertisement.

Here at eirikso.com it is protected by the simple fact that this image is my intellectual property. Eirikso.com is also marked with a Creative Commons license. Giving people freedom to use my work for non-commercial purposes as long as they give me credit and issue the same Creative Commons license on the work that includes mine.

So what do we have here?
Commercial use of my image in an advertisement. And by the way, no image credit. These people have to follow Norwegian law. This use of my image is a violation to paragraph 1 in the norwegian copyright act. It is a screaming obvious theft of intellectual property.

In addition to this, it is a violation to paragraph 45 c. Use of an image where a person is clearly visible. They need permission from the person in the picture.

At this point I have sent a letter to the shop that is responsible for the advertisement. Asking for a full report on where this image have been used. They have simply forwarded this to their lawyer.

I have made it clear in my letter that this is something that is of interest for my readers and that I will publish articles on this matter. I am awaiting an answer and will of course keep you updated on this!