Major Daily Violates Photographer’s Copyright and Intellectual Property
October 1, 2007 by admin
What do you do when a major daily violates your copyright?
#1 I guess the most prudent thing is to get their attention!
I already asked the picture perfect section people at MB to mention this to them or at least try to get in touch with me because I had some questions to ask them.. but I didnt get a response. Note: the picture perfect feature came out in July and it is now October. You can read the Picture Perfect Feature here.
# 2 Another prudent thing to do would be to state or present evidence of this violation.
Here is the 1st Photo that was used..how do i know its my Photo? The Kalesa’s in Vigan have plate numbers and this one was intentionaly erased.. I also have the original Photos shot in RAW and Exif Preserved Exif to prove time and date of the shoot. The Vigan assignment was a for a client.
Here is the 2nd Photo that was used.. when I shot this, I was the only one there.. and the potter posed for me.. I even have the photos of the same pot being put back into the pile of clay to use it if anyone else comes to his shop that day.
Here is the MB Feature of Vigan by MAX BALLESTEROS (march 21, 2007 B-5)
Why did I wait this long? Ive been busy with SEMCON 2007 and other things.. I thought the meeting with the picture perfect team would at least get their attention but they didnt do anything.
I have decided to write about it now to get their attention and to let others know and be aware that violations like these still happen and that they should be vigilant. The world is getting smaller, I dont know what Max Ballesteros or the Manila Bulletin was thinking in this exercise of violating my copyright and intellectual property as a Photographer.
What to do next? I dont really know where to proceed from here… but Some Lawyer friends and Photographers have advised the following action.
- Send them a Billing and charge them for the use of the Photos.
- Ask them to explain, why and how they got the Photos in writing.
- Remuneration for use of the Photos and a public apology.
- Full page ad as public apology.
- all of the above with heads on a platter.
- Charge them an Arm, Leg and a camera!
What do you guys think? What should I do or demand from Manila Bulletin?
I wouldnt mind meeting with this Max Ballesteros.
I am not in this for the money. This practice of stealing photos online has to stop and if I keep mum and pray that this goes away and never comes back.. i must be joking.. it will only get worse and happen over and over again.
I pray and hope that something may prosper… I did write the IPO office a few months back but didnt get any response.. I even met one of their reps in an exhibit and they had a booth.. but she was more interested in inviting me to get some of their brochures then actually listening to what I had to say… didnt bother, didnt want to waste my time…
Hope this post can make a difference.
EDITED:
I forgot to mention that photos were taken from this blog.. one of my earlier posts 10/31/2005 Visiting Vigan
EDITED 10/3/2007
Manila Bulletin has contacted me thru Mr. Ronald Jayme of Picture Perfect. They have asked me “to formally send a letter of complaint addressed to our editor-in-chief, Dr. Cris J. Icban, Jr. From there, the management will take action and/or necessary measures on the matter. “
Also …. This is to clarify that Picture Perfect Section of Manila Bulletin has no connection with the infringement violation of Manila Bulletin Travel & Tourism Section. Ronald Jayme, The section chief of Picture Perfect requested that I clear their name.. in fact it is Mr. Ronald Jayme who is coordinating everything.
EDITED 10/11/2007Â
- UPDATE FROM MANILA BULLETIN:
Date: October 11, 2007 9:01:53 PM GMT+08:00
This is to inform you that an investigation has been launched concerning your complaint of copyright infringement in the Travel and Tourism section of March 21, 2007.
Be assured that we will take proper action on this matter and we will duly inform youÂ
UPDATE FROM MANILA BULLETIN:
Date: October 11, 2007 9:01:53 PM GMT+08:00
This is to inform you that an investigation has been launched concerning your complaint of copyright infringement in the Travel and Tourism section of March 21, 2007.
Be assured that we will take proper action on this matter and we will duly inform you within a week.
Thank you.
Cris J. Icban Jr.Thank you.
Cris J. Icban Jr.EDITED 10/ 13/2007
EDITED 10/26/2007
NO NEWS yet from Manila Bulletin.
This Topic also discussed here Digital Photographer, Pinoy Photography, Philmug.ph
Letter of Mr. Cris J Icban Jr. was dated Oct 11 and he stated that he would get back to me “within a week.” It is now more than 2 weeks.. no feedback.. no news..
go for it, anton!
[...] Manila Bulletin Has Violated Photographer Anton Sheker’s Copyright of some Vigan Photos… more on the story on Anton’s Blog http://www.photo.net.ph/blogalicious/2007/10/01/major-daily-violates-photographers-copyright-and-int... [...]
>>Ask them to explain, why and how they got the Photos in writing.
do you remember posting the photos online somewhere (flickr, blog)?
Ramil,
I forgot to mention that photos above were taken from this veryblog… an earlier post dated 10/31/2005 aptly titled Visiting Vigan.
You’re not the only victim. Connie Veneracion’s recipes were lifted from pinoycook.net and published in MB. You should get in touch with her, methinks.
jon,
did she write about that incident? maybe we could link up all the people that have had their intellectual property rights violated by big names in the industry..
Yes, I wrote about it. In my blog and column.
They took down the page but I guess they’re too proud to apologize.
Re “maybe we could link up all the people that have had their intellectual property rights violated by big names in the industry”
I was gonna suggest that to MarketMan but deadlines kept interfering. I still think we should.
When this happens, my advice is always the same.
SEND THEM A BILL.
This gives them a graceful exit and allows you to get what’s due. Works better and so much easier than litigation. If they refuse to pay, then that’s the time to call in the lawyers.
Leo
Hi Leo,
Sending a bill can be an option but Id like to hear what others have to say.. if you read the post before yours it talks about Manila Bulletin publishing some recipes from Connie.
This might be a good reason to compile all the violations and present them to make a stronger case and get more attention.
Ok. Good luck on your campaign!
Leo
BOYCOTT MANILA BULLETIN!!!
to stop people from stealing pictures… stop posting online! or put water mark in your pictures! its your fault anyway! its as simple as that!!!
[...] Anton Shekker emails and points to a blatant copyright violation by a major news daily (guess which one). Read more about his story here “Major Daily Violates Photographer’s Copyright and Intellectual Property“. [...]
go.. go.. go… balato hah..
mojo,
are you kidding stop posting? and go back to the middle ages?
there are more benefits in posting your work online.. things like these happen because people think that anything on the internet is free.. and no repect is given to your intellectual property..
when does it become the fault of the photographer to show his work?
with stuff like these coming up, it just annoys me to think that even a major daily do not have the budget for a photographer to take its own photo for an article. right on anton, bill them and ask them to apologize. it’s just right to tell the blogosphere about the issue.
I recently pointed out issues related to plagiarism in The Philippine Daily Inquirer that were resolved to my satisfaction. Personally, I think you should raise a stink if you are certain your photos were stolen. I also had photos stolen two years ago by a contestant of an Inquirer contest on food and they also apologized then. Please read my entries on Reggie Aspiras/Plagiarism/Stolen photos, etc. And good luck!
Marketman,
Will read up thanks for the advise!
I think you should do the “All of the above”. They should be taught a lesson and let them know that they can’t get away with it.
Also, maybe you can prevent this by putting a stamp of your name or website across the photos before you post them here.
Thanks for sharing. This post has surely made a difference and I hope we’ll continue to be vigilant against this practice. More power to you Anton!
I agree with Leo. Send them a bill. If they refuse to pay up, have a lawyer send a demand letter, stating the consequences of ignoring your demands (lawsuit). Kapag hindi pa rin magbayad, make good on your word, idemanda mo na.
The apology, I think, is not necessary if they are willing to pay you.
Anton…
I agree with Leo. Send them a bill, and don’t go easy on the fee. Charge them to the full extent. Good luck and I hope you teach those buggers a lesson.
I agree with the suggestion of compiling all other similar cases against Manila Bulletin. Teach them a lesson! Pinoy PhotoBloggers should be respected, we have rights too!
Just, thinking out loud
They just did the same with my “balut” picture. They took it from my website and published it for an article about “Bizarre Foods” in their issue of September 5, 2007.
I didn’t react since they mentioned my name (and I found it a good publicity for me).
(But they didn’t ask for permission nor paid me anything).
I found there attitude a bit strange…(euphemism)
I would have given it for free anyway (if they couldn’t pay for it).
But I think it would be good if someone would react !
I will look forward to the full add page with their apology !;-)
Go for it Anton! This is not the first time this happened. I know of another newspaper who gets images in flickr and prints them without permission from the photog.
to mojo..
how can you say that to stop peolple from stealing your photos online stop posting them? If you see a car in the parking area with an open window and with the keys to the ignition..does it give you the right to steal it???
In order to save us time, effort and avoid future emotional discomfort, we should subtly put watermarks on the pictures we put online.
Hey even the mighty Virgin company deliberately violates IP right, and that’s in the US where they’re strict about IP protection!
Sidney,
someone react? i think we should all react and put a stop to this…
Jon,
would you have documentation of that infringement? maybe we can put everything together.
Hi Anton.
I read about it here http://www.digitalphotographer.com.ph/forum/showthread.php?t=7109&highlight=philippine+star
Hi Anton,
This is really sad, a major daily using your photos in their column without your permission violates merely all professional ethics that they themselves should adhere to and champion. I have heard of other similar stories and the violators (newspapers) were even arrogant in their replies to the offended photographers. I hope the same thing doesn’t happen to you.
Personally, I will support you in whatever action you will undertake and talk to my camera club fellow officers to take a stand in things like this. This should stop, and establishments should take us photographers seriously and be very cautious in using someone’s photograph at will.
Deo P.
(VP-PiphoOrg Camera Club)
[...] be concerned about, things that are in need of our great command like the Cris Mendez Issue, the violation of copyrights done by Manila Bulletin, and even the fight for the protection of our environment. Harnessing our [...]
How sad this is that such a major publication would do this.
They should definitely pay, and should stop this blatant plagiarism. Mukhang sa feature sections nangyayari, so baka hindi alam ng mga main editors.
Perhaps getting it touch with the editor of the Picture Perfect section to help push the matter?
Go for it man! This daily ought to be taught some delicadesa!
Jon,
I read that article… thats the photo of Vernes.. problem was it was posted on wikipedia right? the terms and conditions of wikipedia state that anything on the site can be republished.. or something to that effect…
how it got on wikipedia is a different story…
Deo,
Thank you for your support.
I hope something good will come out of this for all the photographers..
This post has been viewed by some of the most influential bloggers.. and has been reposted by some.. Doesnt seem like this will die down soon..
Have gotten email of support from a lot of photographers and hope that we can make a stand…
There is also a media oufit also willing to do a story…
hi there….
i admire your “coolness” in the matter. sending them a bill with a letter so to speak would likely “wake them up” (i hope!). the owner of the MB should know better how to “manage” their editors, writers, etc whenever they would be featuring something…ETHICS i believe is the right word?
are they any other violations that Manila Bulletin has done that you would want to bring forward? I am writing a formal complaint letter and would like to help the others out..
guys let me know asap!
my photo which i took of Quentin Tarantino during the Cinemanila 2007 (i covered the festival since i am a writer for an online magazine) has been used by THE SCENE, a show in Lifestyle Network. They never contacted me, they never notified me, and all I got was one big shock as I was watching the tv special and i saw my very own photo flashed on the screen for a second.
I was angry because i felt that they have stolen it from me. I have left a complain via my friends who know accounts personnel in lifestyle network. i have also complained to the cinemanila 2007 staff. there were words that they will email me and call me, but neither happened.
I’m no pro photographer, but i think everyone deserves to be credited for works that are used by others for their own business. it’s sad how people can just easily steal photos online.
if anybody out there have any way of contacting anyone (A certain Dianne Sibal from Lifestyle asked for my number but she NEVER contacted me), please do help me out. Thanks.
look up the site of marketmanila.com… there are several issues that were tackled regarding a major newspaper’s “copy and paste” use of photos and online posts.
just one question…
how come even after he complained, he still came out in manila bulletin’s picture perfect as their featured photograher??
Feist,
Travel and Tourism is different from the Picture Perfect Section… they operate independently.. my feature has nothing to do with my complaint …
it was during the interview when i raised my copyright concerns.. and i was told at that time that the travel and tourism section was reorganizing…
The same thing happened to me. I was idling looking through the Philippine Daily Inquirer lifestyle section about a year back and noticed some small images of local foods that looked familiar. They had been stretched and colorized but when I checked, they were all lifted from a cookbook that I had done many years earlier. Though I was angry, I wasn’t the owner of the copyright at that juncture. I called a friend at the Inquirer and complained and they were nice and everything but I don’t really think the papers give a damn. They always have some excuse, so perhaps you are right in suing, if only to call attention to this practice.
I was amazed that i recognized the images as mine, even after they had been cropped, stretched and colorized.
Mr. Oshima,
am honored by your presence.
Like you, I was drawn to my photo too.. and had a strange feeling .. only to find out later on that those were my photos used.. taken 2 years back in Vigan..
When I gave Manila Bulletin my letter last week I specifically asked for a reply within 4 days.
“I would like to request a meeting with you, and my lawyer as soon as we finish our conference (http://www.imvsolutions.com/sem2007)And I expect to receive the written explanation 4 days from today or monday oct 8.”
Lets see what they have to say…
Hello Anton. I just followed the link you posted at the Flikr forum. I’ve noticed that you didn’t put any copyright notice on the photographs that were infringed!I’m talking about putting “©2007 Anton Sheker”. It is clear that putting a copyright notice on all the photographs you create is a good business practice, comparable to putting a patent notice on a product or using a trademark to guard a company name. It is true that such notice is not required by the law because the moment you press the shutter, you are the creator of that image and you are the copyright owner of such creation. However, you should use the copyright notice to short-circuit a defense of “innocent-infringement” when work is published without your permission.
Were the infringed images has been “Published” by your client and have you ever registered those images at the Philippine Copyright Office before the infringement? If your answer to both of my questions is yes, then you are in a win-win situation if you decide to take them to court.
You are not the only one that has been victimized by those thieves. They did this to you and to others not because they were ignorant of the Copyright Law, they did this because they have mastered the Copyright law, and they knew who to target! Those bastards will strike again and they wouldn’t even worry about getting sued.
If you are not familiar with the Philippine Copyright law yet, then I suggest that you study it before publishing any of your photo online. That would really save you from a lot of troubles and you could avoid this kind of situation to haunt you for the rest of your life.
I heard in the news about designer luggage being coppied illegaly, and how the police and even the FBI go after the infringers. Stealing a luggage design is pretty much the same as stealing an intellectual property such as your photographs, but they (Major Daily) seem to think your digital images have less value. They have more value. Those are your artistic creations, always one of a kind.
I am really disgusted!
Allan,
I feel that placing a watermark ruins the beauty of an image.. placing a watermark is a good thing to do but there have been cases that the watermark have been erased.. does that mean we make the watermark bigger? when does it stop?
My fight isnt for money.. this is about doing what is right.. and getting people aware of these type of copyright violations online.
[...] Our original story of the infringement here http://www.photo.net.ph/blogalicious/2007/10/01/major-daily-violates-photographers-copyright-and-int... [...]
Hi Anton.
They stole from you. So steal from them.
Another way of going at it is walking into their photo editors room, and take their latest camera and the biggest badass lens with you. And if they stop you, then drop the items kasi as of now I think they’re dropping your claims. So if they claim the camera, drop it too.
quid pro quo.
Good luck. I hope in their full page apology ad, they show you receiving the latest camera, and a checque.
Ang question ko lng: meron bang name mo ang mga photos mo na yan sa internet? i mean nakalagay ba sa mga photos mo na by: anton sheker….
Moe,
the photos are posted on my personal blog and no where else..
just because my name are not on the photos doesnt mean photos are free… even if you put a copyright signature there are instances that they just clone it out or even crop it out..
I think you should give them a billing for the use of your pictures. I am surprised that a major daily will violate one’s copyright. I think even without your name placed on the pictures, it should be understood that the pictures are yours, unless otherwise stated. I hope they own up to it and apologize publicly. Good luck.
Tantin wrote: “They stole from you. So steal from them.”
Mali. Tuturuan mo pang magnakaw ngayon sa Anton? Mali. Mali. Mali. Kung joke yun, hindi nakakatawa.
Just to let you know, I am posting your issue on my other design forum. I am also sending you an email via your Shekker contact. Thanks and all the best.
Just to clarify, my post above this one is in reference to Anton’s statement:
My fight isnt for money.. this is about doing what is right.. and getting people aware of these type of copyright violations online.. Thanks.
Hi there,
It happened to me so many times. I even stopped using flickr, because the photo ’sharing’ let all those thieves think it is free to use for anything. I now use only my blog and host my photographs on my own dedicated server on the internet. I have put copyright notices everywhere on my pages, so I am sure it is understood:
…”© 2005-2007 Copyright Rick Wezenaar. All photographs, video’s and texts on this website are copyright Rick Wezenaar. Any unauthorized reproduction or publication for commercial and/or personal use is strictly forbidden without expressed permission by the author. Any infriction on the hereabove will be prosecuted in a court of law.”…
And still they steal my work. If I would sue them all, I could hire a lawyer as a permanent employee
Luckily, I send bills out to the firms (and ‘warning letters’ to the private people who are publishing my work without permission.) 70 % gets paid without a problem. The others I have to threaten with lawyers. I have about 3 actual lawsuits a year. I never loose them …
Good luck with your endeavours to get your right. I know what you’re going through. I feel it all the time
Rick Wezenaar
Photographer
file the case to get their attention, rather than just getting their “assurances”.
We have just launched http://www.copyright.ph and hope that all those with copyright problems can post their stories there so it will be easier to track and hope that by getting all these cases together we can get the attention we need to see these cases settled..
[...] Bulletin still Ignores Copyright Violation. Manila Bulletin has inpired me to setup up a campaign against the violations of copyright, against intellectual [...]
hi anton, i have the same issue but different publication.
http://www.dubaichronicles.com/2007/11/7days-ripped-me-off.html
hope this will bring their a$$es to justice.
[...] Major Daily Violates Photographer’s Copyright and Intellectual Property [...]
[...] update you soon about the developments!In the meantime for those that missed the story here it is. Manila Bulletin Violates Photographers Copyright.      Share and Enjoy: These icons link to social bookmarking sites where readers can [...]
Sir, can I just ask what happened to this matter? I am from Pipho, and am writing a term paper (for Media Law) regarding photographerss intellectual property rights and copyright infringements of their photos published without the owner’s knowledge and consent.
I hope you will update us as to what happened to MB
Many thanks!
Hi kristine,
Manila Bulletin has issued a report and We are still scheduled to meet. will update everyone after.
here is another copyright infringement story online.
http://www.photo.net.ph/blogalicious/2007/12/10/iloilophilippinesorg-another-copyright-infringement-case-coming-up/
[...] Manila Bulletin Story here [...]
Major Daily Violates Photographer’s Copyright and Intellectual Property » Blogalicious: a philippine…
read the story and see how Manila Bulletin Ignores copyright downloading photos online without permission…
Thank you sir
tama lang yan maningil. nakinabang sila. karapatan natin!
hi sir anton, if they continue to ignore you and if nothing comes out of you talks, i’d give them a demand letter as a final warning and sue. That’s definitely a copyright violation, especially they didn’t acknowledge you as a source and didnt even pay you for your photos. By the way it’s a good thing you found out about your photos being stolen. and they thought they could get away with it.
[...] Anton Sheker of Blogalicous claims Manila Bulletin used his travel photos of Vigan without permission or attribution. As far as I know, the issue has not been resolved yet and Anton intends to file a Php1 Million law suit against the newspaper. [...]
[...] CBN has moved to settle the violation with the said website and photographer. Unlike my story about Manila Bulletin stealing my Photos, instead of trying to settle with me, they even sent me a letter to stop any talks about their [...]
Have you filed the case?
Interesting views expressed here. Especially that implies stealing is OK since you can’t do anything about it.
What’s wrong in this picture?
I’m old school and in my book, if you steal, you get punished. This is called justice.
Now justice may be slow in getting in the Phils; but I’ll make sure am getting full measure some day – I intend to collect one way or another.
So go file the case. You’ve been decent long enough. About time you realize you’re dealing with asses (in more ways than one!)
All the best.
[...] have had enough with my claims with Manila Bulletin, It is about time i move on and go after them legally. Yes, within a few weeks you will hear [...]
[...] The original story here. http://photo.net.ph/blogalicious/2007/10/01/major-daily-violates-photographers-copyright-and-intelle... [...]
Here is the update on my story.
http://www.photo.net.ph/blogalicious/2008/06/09/philippine-photographer-sues-major-daily-for-copyright-infringement/
[...] Original Story of infringement on Anton’s Blog [...]
[...] Original Story of infringement on Anton’s Blog [...]
[...] Major Daily Violates Photographer’s Copyright and Intellectual Property » Blogalicious: a phi… [...]
[...] photos in an article by Max Ballesteros in the Travel and Tourism section of Manila Bulletin (see Anton’s post about it with the photos and a photo of the MB article). He was never informed and he never permitted anyone to use the photos in any article. He had [...]
[...] for the middlemen – in this case, the Picture Perfect team. Instead, he goes to his own blog and makes it known that his photos have been stolen. In the post, he shares the original images and the stories behind them. He “hope[s] this [...]
teach them a lesson! they shouldn’t do this to any blogger. Many, if not all, bloggers support you.
[...] Please see the complete story HERE [...]
dapat talagang kasuhan sila kasi copyright infringement talaga yan. use without permission ika nga.
Best of Luck Anton! I really really hope you win this case!
is it true that MB is filing a counter suit against you?
yes its true.. story here
http://www.photo.net.ph/blogalicious/2008/07/18/manila-bulletin-files-counter-suit-yes-its-true/
I hope that you win this case. Plagiarists shouldn’t have the gall to behave like that. If they thought that they were downloading stock photos, the least they could do is apologize for it. Now it has come to this. Tsk.
Whatever happened to responsible journalism? This is theft, plain and simple.
i hope this case would make it to national news for every one in the advertising, journalism and all media practitioner to be aware of the right of every one on their work. when copying a photo online to just acknowledge or ask permission of the photographer or the person who own the peace of work.
[...] major daily violates photographers copyright and intellectual property [...]
[...] of photographers are crying foul over the rampant violation of the copyright law. Just recently, Pinoy photographer Anton Sheker sued Manila Bulletin for using his photographs in one of their Trave…. The case is now [...]
Anton, I am with you!
Talagang BUWAYA yan Bulletin. Kahit mga dealers ng dyaryo nila nagrereklamo sa kanila.
Since your photos were published already. THEY SHOULD PAY ROYALTIES! Wala ng satsat pa.
BOYCOTT BULLETIN! At siguradong matutunba yan dyaryong yan~!
[...] http://www.photo.net.ph/blogalicious/2007/10/01/major-daily-violates-photographers-copyright-and-int... [...]
Hi Anton!
The justice system here in the Philippines sucks, so it’s gonna be a long and frustrating fight. Just keep it up and going, people are supporting you! And in the end, the truth always prevails.
Hope to see you around!
your forever fan,
Candy Drilon
[...] remember how the Manila Bulletin used Anton Sheker’s photos without his permission? Here’s a creative way to tackle photo theft from one of Anton’s readers: When this [...]