Found another!

Just so everyone knows, Flickr allows you to set licensing for your photos so that they show they're copy-written by the owner!

I sent them the link to my Flickr page with the copy-write logo!

Here is the ebay listing.

Here is a link that might be useful: My 'Opal Star' Pic

I just got word back from the seller, the bulb company that sold them the bulbs gave them the picture to use!?!?!?!?! What in the world, shouldn't the bulb company know better? I asked which company it was and I told the individual seller they were more than okay to use the pics!

Josh

Here is the company using my pictures....

Here is a link that might be useful: EdenBrothers

Hi Josh, I saw those pictures and thought they look familiar, but knew they weren't mine as I don't bother to go the extra step for a black background..I should have known why they looked familiar.. there aren't too many people who have bloomed Ruby Star..and then I noticed Opal Star....and you're right..what about those exorbitant prices....

Donna

If it is a company you can clearly go after them if you want to spend the time. They should absolutely know better, but they likely got the pic from someone else that hunts pics for them. I've had people in that profession contact me for the use of my pics a few times :o) Dan

Thanks guys :)

I e-mailed the company and haven't heard anything yet... I just feel it's crazy they wouldn't even bother to ask for permission... I need to take a screen shot

Dear Josh,

So sorry that this happened to you. It may be possible that the company in question purchased (or otherwise acquired) the rights to use your photos because you posted them here. I've posted this info before, but below is the relevant portion of GW's Terms of Service.

I miss all of you. However, life has dealt me some hard blows in the past months. No time to post photos, but when I do it will always be at the other place (LP). I saw this message and felt the need to respond.

Cheers to everyone,

Blanca

By submitting content, which shall include your member name, to any "public area" of the GardenWeb Network, including, but not limited to, the forums and your personal website, exchange page and journal, you grant iVillage a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense, assign, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. If you are not the creator of such content, you also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any visitor or member to access, display, view, store and reproduce such content solely for personal, noncommercial use.

"You also permit any visitor or member to access, display, view, store and reproduce such content solely for personal, noncommercial use."

Looks to me like Eden's Blooms is using this for commercial use. Can Garden Web go after them??
K

Blanca,

Thank you for the information!

What if we post links to our flickr accounts which actually protects our copy-writes?

This is absolutely insane, I can't believe they take royalties for pictures that we unknowingly waive the rights to...

I will not post pictures here.. The other place is much more friendly anyway :)

Josh

Hello again Josh,

A copyright gives you exclusive legal rights to print or publish your photographs. However, it also gives you the right to authorize others to do the same. My interpretation of the legalese contained in the Terms of Service is that by posting photographs here you are authorizing GW (more specifically iVillage Inc.) to utilize and even profit from your photographs. I think this is true even if they are linked to your flickr account because, although by posting on GW you grant a right and license to iVillage; it appears that you retain copyright to your photographs.

Kristi raises an interesting point. If iVillage did not assign, sublicense, or in some other way authorize the company in question to utilize your photographs for commercial purposes, there may be some legal remedy available to you. Determining exactly how this company obtained your photos may not be a simple task.

Best wishes,

Blanca

Josh you need to stamp your name, email or other on all your photographs when posting to a general photo site.

Hey Josh,

Check out the Eden Brothers site (specifically the photos of "Ruby Star' and 'Opal Star.' I think you will be pleasantly surprised.

If you want to know how this change occurred, email me for the story.

Cheers,

Blanca

What is "the other place" - what is LP?

Greetings Anna,

Landspro

Best,

-Blanca

Josh they're doing it again.