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This week I’m talking about photos and how they can be used appropriately, as a win / win situation between photographers and bloggers or online publications. Sometimes one or both party can cause a failure. This is the second post on this subject. [first post here]

**UPDATE**
Kineda apologizes and makes good as seen here.

How ironic is it that an online fashion lifestyle magazine would use one of my images without permission or photo credit to solicit votes for a contest which is for Publishers. The infringes are publishers, and they are publishing content that is NOT THEIRS asking for votes an industry award.

I had to laugh, as I thought it was strange.

From the Kineda website as seen here. (If they remove the image, screenshot here)

The 2008 Glam Network Awards are here and Kineda has been nominated for the Best Lifestyle Publisher award.

Head over to the Glam Network Awards website (no registration required) and show us your love by voting for Kineda in the Lifestyles category.

Terry Ng & Tami Ng used my image of Justine Ezarik and Brian Shaler as seen here on my flickr stream.

Here is the image:

I overlaid the image from their site, (yellow box) on the original so show you how it was cropped. Don’t you just love how the crop “conveniently” cut off the acme logo, as well as the Acme Photography website address? Notice how the logo for Glam Media (sponsor of the contest) was placed on the photo by Kineda, yet my logo was removed.

What should have happened
? Kineda should have contacted Acme Photography and asked for permission to use the photograph to help them recruit votes for the contest. While the photo used is more of an editorial style than a fashion photograph, the audience which reads Kineda and other sites in the Glam Media network probably include those in the fashion industry who may be interested in hiring a commercial photographer for advertising or a print campaign. If they had contacted me, I would have asked for some “link love” and proper credit, and this could have been a “win win”. I may have even blogged about the photo use in a positive light and sent them some of my traffic.

What’s going to happen now? I have yet to contact Kineda, or Glam, It would be funny to do something like “Rick-Roll The Mets” and have everyone vote for ONE RANDOM COMPANY who is NOT Kinda. I’m going to drop them both an email, however I have a meeting to go to. Maybe tomorrow!

I’d love to hear your thoughts on this matter. Leave a comment below.

Adam Nollmeyer
Phoenix Arizona Photographer
acmephotography.net

Posted by Adam, filed under Articles. Date: April 8, 2008, 5:15 pm | 10 Comments »

10 Responses

  1. Tim Dachtera Says:

    Hey,

    I’ve been following your posts about the usage of images that violates the CC license / just plain stealing. – While I don’t think I’ve been lucky enough to have any of my photos taken without my permission, I can certainly understand the point you are trying to make. I feel that mainly, the people and business being referenced in the posts, are in the know and are well aware of the right and wrong ways to use a photo, yet choose to plainly grab and alter images.

    At any rate, I’m behind you on this one. – T

  2. Terry Ng Says:

    Hi Adam,

    I was just notified of this post, and I’m deeply sorry about the use of your image without due credit or permission. I found the image through a Photopy free photo search which came up with an ImageShack photo that had zero information on the original photographer. Usually, the images are free to use either through CC license or have no license attached to them at all. Your image was found particularly at this URL:
    http://img176.imageshack.us/my.php?image=justko4.jpg

    Again, I apologize and did not mean to take your photo without credit.

    Terry

  3. Adam Says:

    **UPDATE** I just got off the phone with Terry……..Some new developments, but I’m waiting to hear back from him. He has the option to do the right thing, and the ball is in his court. He is going to get back to me today.

    *hint* If you know ANYTHING about EXIF or have the Exif Viewer 1.40 for Firefox then Poke around and tell me what YOU see.

    ~Adam

  4. Philippe Monk Says:

    I sure hope they do what is right. It is concerning… If internet search engines are not smart enough to indicate usage rights etc, then perhaps we should all revert to using broad watermarked logos on our photos?

    I certainly don’t want to be held responsible for someone else using my photos where they should not, nor losing the income.

  5. docm2b Says:

    found u thru twitter….sorry this happened…i also had the same happen w/ a pic i took of slash at a recent concert….i contacted the offendee….& he gave me my props…..but since then i have also done all i can to lock down my stuff on flickr & have pulled back posting pix on my blog because blogger doesnt have a lock down option……I do hyperlink to my flickr page…but if someone is going to steal ….there is really no way to stop them…..it sux…

    good luck =)

  6. Eric Doolan Says:

    Hey Adam,

    I just read the post on KINDA. It sounds like you guys talked it out and he seems to be playing humble pie to the whole ordeal. I’m happy to hear you stand up for other photographers and artist out there. Bloggers really need to learn what copyrights are all about. Way to go.

    Eric Doolan

  7. ACME Photography | Blog Archive » Kineda Apologizes - Copyright & Fair Use Information Says:

    [...] call with Terry Ng at Kineda we have come to an agreement only two days after the blog post about my image being lifted from flickr to promote a contest. Today’s post has several great links for web publishers, bloggers, [...]

  8. Adam Says:

    Terry and I have a discussion on the phone yesterday… and he confessed to taking my photo without permission for his blog post. Then he uploaded the cropped bersion to Image Shack, not knowing about EXIF info, which showed the photo was saved 10 minutes prior to his comment on this blog (not weeks 3 weeks ago)

    We have resolved this issue, and hopefully together we’ve educated others about this. Thanks for the help Terry.

    ~Adam

  9. A Fair Use Photo and Image Lesson » Kineda Says:

    [...] bite, but the improper use of their images will. I hope other bloggers can learn from my mistake. Read Comments (5) » Related Posts on Kineda: Sanyo VPC [...]

  10. Grayce Ezarik Says:

    I never get tired of this photo, they are stunning. It looks as though their faces are cropped. Nontheless it was taken by a great photographer. Nice Job!

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