Voodoo Bags Website

[Rolly]

My avatar for this forum is a picture that I took of Dave Feldberg in Febuary of 2009 at Humboldt State University. When I was looking at the Voodoo Bags website today I noticed that they used my photo in Dave's bio. I was not asked permission. I asked Voodoo today for credit and/or a possible discount on a purchase. I was hoping that someone might be able to enlighten me on the legal aspects of using my photo and not asking for permission. Thanks.

[ericedge]

Nice shot Rolly!

As you probably know, I've taken a ton of disc golf shots over the years and seen them pop up on websites, in avatars and on facebook pages etc... Sometimes people give credit, sometimes they don't. Sometimes people ask first, often they don't. Usually when people use an image without permission it's because they don't know any better and when it's pointed out to them they are almost always contrite and happy to give a photo credit or a link back to the original (usually flickr for me).

Since the Voodoo site is a commercial one they should probably know better but who knows, they may have gotten the image from Dave himself and not thought to question who owned it. My guess is that you probably have the right to make them take down the picture but I think you did the right thing by simply asking for a photo credit. If they offered you a discount on a bag that would be cool of them to do and would probably leave you saying good things about the company. The bags look pretty sweet, don't they?

Trying to make any money off of disc golf photography is like most other things in disc golf, like trying to get blood from a stone. My attitude has been to enjoy the feeling that others out there are enjoying the work and appreciating the credit when it comes. I've had a fair number of pictures published in the PDGA mags over the years and they're good about crediting the photographer but of course no $$, ah well, maybe someday.

[Rolly]

Thanks Edge.. I'm a big fan of your work.
I feel flattered that someone liked it enough to use. Now that I think about it they most likely did get the photo from Dave. Perhaps I should hit him up.. It's a funny feeling for sure, to randomly be shopping for a DG bag and then running into a very familiar photo.

[DMajor]

intellectual property and technology law are still relatively young as far as law goes. If I were an aspiring lawyer I would make this my area of expertise.

According to this website:

http://www.bitlaw.com/internet/webpage.html

"Taking images from third-parties. The simple rule is, "Don't steal someone else's images." The moment an original image (or string of text) is fixed on a hard drive for the first time, it is protected by copyright. Any unauthorized copying of a protected image is an infringement of the creator's copyright, unless the use falls within one of the very limited exceptions to the copyright law, such as "fair use." In most cases, it is unlikely that the incorporation of an image into a commercial web-site would be considered a fair use."

The last line of the quote says it all. If you wanted to pursue it you probably would have a legal precedent to do so. However, the time and money spent would of course not make any sense whatsoever.

Another good question is if Dave Feldberg could have any legal issue with you for taking his picture and using it as an avatar.

According to the world intellectual property organization:

http://www.wipo.int/sme/en/documents/ip_photography.htm#3.

"There is no general legal requirement to obtain someone’s authorization to take his or her photograph. However, there are situations where photography can infringe on important social interests such as national security, protection of children, right of privacy, etc. Most of these situations are strictly controlled by national laws and regulations. Irrespective of the legalities, there are also some things a photographer should not photograph for ethical reasons. Certain photographs of people may amount to exploiting the persons concerned or misrepresenting the truth. If you, as a photographer, know the law and one’s legal rights, you will also be in a better position to find solutions that minimize your legal risks.

Often, you may be free to take a photograph of a person, but the way the image is used may give the person shown in the photograph a right to take legal action."

Pretty sure you're in the clear.

However, Voodoo better have his permission...

"Many countries recognize that individuals have a right of publicity. The right of publicity is the direct opposite of the right of privacy. It recognizes that a person’s image has economic value that is presumed to be the result of the person’s own effort and it gives to each person the right to exploit their own image.

Under this right, you could be liable if you use a photograph of someone without their consent to gain some commercial benefit."


DMajor
Part Time Internet Lawyer
I'll send you a bill

[Bullseye]

Originally Posted by Rolly

Thanks Edge.. I'm a big fan of your work.
I feel flattered that someone liked it enough to use. Now that I think about it they most likely did get the photo from Dave. Perhaps I should hit him up.. It's a funny feeling for sure, to randomly be shopping for a DG bag and then running into a very familiar photo.

Maybe you should consider placing an order with them... and asking if you get a discount since they are USING a picture you took on their website. Ya never know.... it may just work out for both of you.

[Getty]

Technically, Dave is a public figure in a public setting. Snap away! Just try to be far enough away so that the shutter click doesn't make him blow his putt.

[Matt B.]

I take a lot of photos for work and have a shared credit with my employer when they get published. That's all I ever ask for when someone requests an image, that they use the proper credit. But I've had my images appropriated by municipal agencies, federal agencies, newspapers, magazines, etc. with no permission and no credit. It's gottten to the point that I don't even want to share them anymore except internally in my organization.

I think you'd be well positioned to get a little consideration from them if you nicely but firmly word an email explaining the situation and how much you like their product.

[hyzerbomb]

I also saw a photo from scout lake (basket on stump water behind) I took of Darren Nitz on a commercial site. After I texted them they gave me credit for the shot. it was on the DG calendar I produced years ago.

[Matt B.]

Originally Posted by hyzerbomb

I also saw a photo from scout lake (basket on stump water behind) I took of Darren Nitz on a commercial site. After I texted them they gave me credit for the shot. it was on the DG calendar I produced years ago.

Speaking of Hyzerbomb and disc golf bags - this could be your next bag Bruce!

http://hyzerbomb.com/

[Rolly]

All is well. I am getting the credit.

[Jason Philips]

Here is a quick question for you. Did you provide the photo to Mr Feldberg? In doing so did you express and details credit or rights if he used it publicly? One of the big issues I see is that if he provided the photo to the site and you did not express the above, he can likely do as he pleases with the photo. I am by no means an attorney or want to read up on this but there are similar issues that involve a few communities I am part of.

[Rolly]

Credit was updated to the website this morning