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Look at the Full Poster Here
This photo is not available in DA. Not even as a stock-photo...
This was displayed as tarpaulins somewhere
in Tomas Morato / Quezon Ave. The one who made
this poster did not ask for my permission nor my
photographer's. In addition to that, not even a tiny
credit. Help... How do I deal with this?
[edit] We also found out that they also used the design
for TV commercials, posters, newspapers, etc.
The event is really highly publicized and yet we
did not even receive a message about our
picture getting used for their promotional
materials. [/edit]
Yes, it is for a good cause. Environmental Event thing.
But let's say that the "Admission is Free", it still is a
commercial event due to the numerous sponsors they
have on the bottom of the poster. Sigh. What must I do?
PS: Due to this issue, Tricia is closing her stock account, slumberdollstock. If I'm really serious, I might close mine too, alodia-stock. For now, let's see how this turns out...
PPS: Thank you for all those who are supporting us on this issue. I appreciate all those who blogged about it in their own blogs and spreading the news that they stole a picture of me that Tricia took. We really appreciate the concern you guys have been giving us!
Please help spread the word~
 | Ask for a public apology to be announced on their event and their website AT THE VERY LEAST.
Also, consider taking legal action.
Good luck! :) |
 | They should publicly apologize for what they have done. If they still don't give you proper credit, sue them. |
 | Nakita ko siya sa may Tomas Morato I think nung papunta kami sa OZine fest. Try asking for public apology or sue them na. |
 | onga no..i recognize that photo and stance of yours! gosh.. |
 | OH MY GOSH! that's not fair, and they already used it without your permission. it's not enough compensation. they merely lack their own creativity that's why they got your picture without permission hoping to pass it out as their own. that's not fair, we artists and photographers deserve way much more credit! |
 | Alodia, time to get some legal help. It's absolutely uncalled for. Sue them ASAP. |
 | that's is just so wrong!!! its like copyright... uh... something in the legal sense... though it is for a good cause, they should have contacted you and asked permission first!!! i don't know... if you have lawyers, better ask them fast... |
 | edjie its time yeah its a copyright dba hahahayari!!! tsk tsk wrong move guys |
 | Sue them.. >__< this is really wrong.. did they think that editing and putting on something on your face would prevent you guys from finding out that it's YOUR picture? Ack! Nakakainis lang yung ganyan.. and what kind of compensation is that?! XP if they'll not apologize publicly, sue them! |
 | kakahiya naman... with all those major sponsors they couldn't even make their own poster concept... tsk tsk.. my advise to you is call the people who made the poster/event. don't let this thing go aloida. you work hard for your image and just letting this go is like accepting people using your images earning money without your permission. cheers! |
 | Well you need to figure out who has access to the "hi-res" file because it's not a stock photo and if even the photo was taking from the multiply/web page, 72dpi is not a high enough resolution to print, well it is but without being distorted and you said it's a on a "giant tarpaulin." so it had to be a high-res file or they used some type of software to generate a high res version of it.
The people having the event aren't at fault they paid for a poster to be made so you need to contact the person that made the poster. Technically you can't really take legal action, the photo was on your multiply page only right? If you read the terms of Multiply you're given them right & permission to use photos and content uploaded on to the site along with third parties associated with Multiply. A lot of people don't know this but most of these social network sites have the same policy.
From Multiply "Terms"
"You retain all ownership rights in your Member Content. However, by posting Content to the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Multiply (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content in connection with the Website and the Service, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Multiply reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the Multiply site and terminating the membership of such violators and reporting you to law enforcement authorities. It includes Content that:"
|
 | i saw this poster aroung timog and tomas morato. pwde mo sila idemanda dahil sa ginawa nila. tsktsk. |
 | I already checked the link. I really think its a serious matter and needs an immediate response. They are too immature and very unprofessional to act that way. tsk3x ;) |
 | I think the VIP thing to a free concert deal is a hoax. If they don't do anything more significant to make up for the infringement thats where the word 'sue' comes in.
I saw this also on a tarpaulin somewhere in Tomas Morato :/ ... actually its everywhere. This is no ordinary Jane-doe or John-doe case. You can really sue someone for using your pictures if its copyrighted. |
 | The designer should pay you guys.. he/she could split the pay.
if not... you can probably sue them.. i just dnt know how tho.. |
 | i think you should sue them.. the best way to give them a lesson. |
 | wlang permission gling sau o sa photographer mo o sbhn na nting di nagpaalam........wla cla karapatan gmitin mga pictures mo........ |
 | hassle pa pag demanda pero it's the best way (tanga2 kc sila eh) , sure win pa..
i hope things will turn out the way you guys want it, God Bless |
 | Okaaay, that was totally unfair!
Grabbing your picture then editing it then posting it all over the place without even asking you permission.
Yeah, you should sue them.
But you should really ask advice from lawyers and of the sort. :)) |
 | what they did is absolutely not right. and it sucks. you better sue them. dont worry. you'll win. =D |
 | How does it feel to have the planet as your head? |
 | Wait, diba this WAS in Tricia's stock account? I remember seeing it there. >_< Baka dun kinuha. Ewan *shrug* |
 | Thats one big hoax, I'm pissed, no one wouldn't get pissed, those *censored, long string of words* should change the picture....... |
| Which reminds me!!
My friend has a lawyer dad....
My friend has an attorney dad and a judge mom.......
*big smile* |
 | sue them....
the VIP thing must be just another one of their tricks to get popularity....
U have every right to... |
 |  Well you need to figure out who has access to the "hi-res" file because it's not a stock photo and if even the photo was taking from the multiply/web page, 72dpi is not a high enough resolution to print, well it is but without being distorted and you said it's a on a "giant tarpaulin." so it had to be a high-res file or they used some type of software to generate a high res version of it.
The people having the event aren't at fault they paid for a poster to be made so you need to contact the person that made the poster. Technically you can't really take legal action, the photo was on your multiply page only right? If you read the terms of Multiply you're given them right & permission to use photos and content uploaded on to the site along with third parties associated with Multiply. A lot of people don't know this but most of these social network sites have the same policy.
From Multiply "Terms"
"You retain all ownership rights in your Member Content. However, by posting Content to the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Multiply (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content in connection with the Website and the Service, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Multiply reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the Multiply site and terminating the membership of such violators and reporting you to law enforcement authorities. It includes Content that:"
 Actually, 72dpi doesn't look bad on tarps. |
| Wherever he got the picture, it doesn't really matter much (Our pictures are all over the internet. Crissey told me that there are so many people on Friendster who have our pictures in their photo albums. The creator could've gotten it anywhere since there are some people who save our pictures in their computers.). A stolen picture is a stolen picture. The creator of the poster said that a friend of his just sent him the image. Without any hesitation, he still used it. OH WELL. D: Hi Edjie~ XD |
 | I saw that poster (I mean Banner) malapit sa SM Fairview.. kanina O_O
They shouldn't use your pictures without asking any permission from you and your photographer..yun picture mo kasi ay isa nang legally property mo.You've a right to sue them besides they edit your picture not only that wala man lang credits from you..ang sama naman nila! >.<
Sue them is the best way to stop them for good!
|
 | wah...dat is bad...nung nkita ko ung poster narecognize ko agad n kaw un...an panget p ng poster XD
wahhhhh T_T
sue them!!!! |
 | MAJOR COPYRIGHT INFRINGEMENT
It was used on a BILLBOARD. Trust me if they have sponsors/money to pay for a BILLBOARD then they should have money to COMPENSATE you.
Sue them!!! >:C |
| You retain all ownership rights in your Member Content. However, by posting Content to the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Multiply (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content in connection with the Website and the Service, and to grant and authorize sublicenses of the foregoing. This DOES NOT mean that Multiply gets copyright ownership over your uploaded images. It's only there to grant Multiply permission to:
- create thumbnail images ("create derivative work")
- display the images online ("display/distribute")
Etc... other things necessary to process the content you upload to Multiply so that it can be displayed in your account. Which is the whole point of Multiply right? :)
Take note of the phrase in connection with the Website and the Service. |
 | hehehe sue them come on, make a stand just get a good lawyer how about Attorney Raymond Fortun hes into photography and i guess he would understand your situation. |
| Wherever he got the picture, it doesn't really matter much (Our pictures are all over the internet. Crissey told me that there are so many people on Friendster who have our pictures in their photo albums. The creator could've gotten it anywhere since there are some people who save our pictures in their computers.). A stolen picture is a stolen picture. The creator of the poster said that a friend of his just sent him the image. Without any hesitation, he still used it. OH WELL. D: Hi Edjie~ XD The creator of the photo is responsible for this. Seriously, wtf kind of excuse is that??? ANY professional graphic designer is WELL AWARE of copyright law and ONLY uses stock images by himself, from public domain, or purchased properly from others.
1. This graphic designer used your stock image without permission.
2. The graphic designer got PAID for this because it's for a BILLBOARD.
3. If there's a proper contract between the events people and the graphic designer (as there SHOULD be), it most likely holds the graphic designer RESPONSIBLE for the copyrights of the image. The contract will probably say something like "you, the graphic designer, hereby guarantee that you OWN the copyrights to this image and therefore have the RIGHT to grant us use of this image... if there is any issue of copyright infringement, you will be held liable"
4. It is the graphic designer's responsibility to make sure that he/she OWNS the copyrights of the image. He/she has NO RIGHT to sell the image to the client otherwise.
So, demand compensation from the graphic designer, and make sure the events people know that you're very unhappy so that they will fire this disreputable designer. |
 | Now I know why the tarpaulin looks so familiar.
Anywho. I made my term paper on INTELLECTUAL PROPERTY RIGHTS, and this is clearly copyright infringement. Sue them, if I might say so. Tricia has all the rights to this photo from the moment she clicked the shutter button of her camera. Also, this one is being used as a promotional material for a free show - sponsored by major companies in the Philippines. Thus, it is not in the fair use doctrine (to be used for educational, charitable etc purposes) because the clause does not cover this kind of use.
Public ad. Public tarpaulins. Promotional materials - this is so not for educational or charitable purposes. Sure, admission is free but what the heck. The copyright is Tricia's forever. |
 | Consult for legal counsel first then arrange a meeting with them to settle this (bring your lawyer/s by the way). If their terms are unsatisfactory to both you then file to sue them. Judicial action, in this country, may take forever, so weigh you options accordingly.
In my opinion, I'd rather make sure that no other entities could ever repeat their mistakes by not only suing them but also copyrighting all your publicized works (they're all professional works judging by the quality you have made them). And also to be invited as a VIP to an event you do not even consider going to is just lame.
P.S.
Make sure that no other countries did the same thing to your works like these guys did. |
| BTW. Order them to take it all down immediately, the tarps, the web graphics, etc. (have a copy of the site and pictures of the tarps for evidence before you do also). |
 | sue them medium sis. ^_______^ |
 | hey alodia, wow!!!! nakakainis! i feel you. no one can use my artwork without permission. i don't think you'll go anywhere by sueing them. the best you can do is find out who should be blamed so that they take responsibility for this stupid action. then, let the whole world know who these people are. probably have an article written about these people. i wouldn't call it revenge. i call it avenge. i mean, my artwork are my babies. if anyone tried to use them and bastardize them, i am going to fight back! really. |
 | elgosh wrote on Apr 17, edited on Apr 17 I live near where this thing's displayed, want me to throw a rag with wet paint at it? LULZ.
Sue them please. XD |
| hi el ikaw pala yan ha wait add kita. |
| One last adivice, never forget to put a W•A•T•E•R•M•A•R•K on your works. If they are still going to use/steal your works, give them hell on editing it is the very least you could do. Prevention is still way better tough. |
 | Hmmm, I think you should take some action on the person that used your pic without your permission. Agreed with amconda with the watermark but make it a little bit smaller/more transparent if you don't want it to ruin your artworks/works. |
 | if you can't get them to say sorry to you, then you can do legal action.
i mean, emailing you guys isn't as close as saying sorry in person. it's infringement, i tell you. but i have to agree that the event organizers aren't at fault either. they just pay persons to do the tarps and everything that comes into advertising. but they're at fault for using it even though it's already known to be a stolen pic or such.
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| amaconda wrote on Apr 17, edited on Apr 17 As long as it ensures that the image is safe enough from retouching, also some watermark on the file info itself may help more. Besides, if someone want to use your works, all they have to do is contact you so that you can give them a clean artwork along with your permission.
Personally, I hate these kinds of practices. I know some who only "plainly" steal their works and ideas from someone else, and yet they still call themselves artists (Maybe for them stealing is an art). |
 | or at least boycott the concert? |
 | consult po kayo ng abogado... para ma orient kayo kung anong specific case ang pwede nyo i-file |
 | the .gif is pretty cool. HAHA jk. |
 | ohh my...
you and tricia are caught in a very messy situation...
because if you sue them, thousands of people ( that are active in saving the environment) would probably hate you(but still stealing for me is a very serious crime)....
anywayz
I suggest that you should not sue them
but both of you should join the concert and let the management have a public apology and gives proper credit
P.S
the .gif and poster was a bit creepy to me |
 | Hi.
I own the blog where the poster is located. I've mentioned this a lot of times but again, this is just to clarify that I am in no way connected with the event organizers. I have posted it just to disseminate the information which could be of interest to my niche and blog readers. I've been getting a lot of comments that I believe I don't deserve. In the end, I was also a victim here.
I hope the photo's owners will get the proper credits they deserve for their wonderful artwork. |
 | the header looks dumb, lol!
let them take their professional ethics again, because it seems as if they haven't been taught about copyright and infringements. |
 | lizeri wrote on Apr 17, edited on Apr 17 How shameful of them! Did they apply what they learned in their schools? Maybe yes, in having an end product through their abilities, but no, in using other's property without permission. It's so unethical!
Anyways, I hope the negotiation between you and those people would turn good. Otherwise, sue!
|
 | this reminds me of the numerous times tv shows used photos taken from blogs without asking for permission. the tv giants never answered to the angry bloggers' cry.
is this a legal matter? yes.
well, "owners should receive compensation for the use of their works in any way".
also, "give credit where credit is due." they should have attributed it to whom/where they got the photo |
 | what a cruel thing to do..' it must be removed from their site..
public apology is a must..' D: |
| what a cruel thing to do..' it must be removed from their site..
public apology is a must.. D: |
 | ang unfair naman nila~ hmpf |
 | they violate some rights.. you can sue them if you want but that'd be troublesome.. but they're really dumb not asking for permission.. VIP? that's insane.. public apology will do.. but i think that's not enough.. i hope no one will ever do this again.. |
 | errr.. shall I call the digg-mob now? |
 | Hmph. I'd have sued long before this point. |
 | I think you have to get a face-to-face meeting with this people. You're well within your rights to demandf one. |
 | argh! i know what you feel! grabbing pictures and using it for promotions without even your consent? i'd sue them! even if it is for a cause... not everything in the internet is free.. intellectual property rights naman! actually you're protected by law...
i know, i'm a photographer... |
 | eklektik wrote on Apr 17, edited on Apr 17 interesting that over at Dmitriproductions, they disabled the link to the Earth Jams news page and replaced it with this: file:///D:/dimitri_final_site/news3.html. I tried looking for the news3.html page on their website but it seems they took it down. Still, they have the .gif banner displayed prominently on the first page. And they still have the poster available for download here: http://dimitriproductions.com/earthday_poster_2008.jpeg.jpg |
 | daunt them....(pwede naman cguro mag sorry) |
 | sue them. being stupid is not an excuse for these guys. simple lang naman manghiram, magpaalam ka. sue their asses. |
 | a public apology... then sue them >:)... inviting you to the event as VIP? do they think you're stupid enough to bite the offer, or they're just plainly stupid?... sue them, stealing aint a good move... |
 | i don't like what they did...they're thieves... |
 | tinitigan kong mabuti un... sabi na nga ba kaw po un eh... sa tomas morato ave ko un nakita...
badtrip nga un... ndi cla nagpapaalam... tsktsktsk... |
 | First, they should apologize ON STAGE and give credit for Alodia.
Second, PAY you LOTS of MONEY! BWAHAHAH! XD
Third, lesson learned and they will never do it again. =D
And fourth, that's life. Just forgive and forget. |
 | I think the people behind the event, especially the graphic designer, owe you a public apology. Inviting you as a VIP is not enough compensation, since it sounds like they're just trying to placate you so you won't think of pressing charges against the person/people who unlawfully used your photo.
Retracting their posters/tarps, issuing an apology on their website and giving you due credit is the least that they can do. If they can't be bothered to do that, you have every right to sue them for violation of intellectual property.
Hope this helps! :) |
 | oh wow. gave me eyestrain reading them all.
well i can't give u ideas on how to solve this, since most are already posted, or post something that looks professional with all the technical words and stuff.
but i can say something at the very least: don't bother wasting ur time with them if they prove to be too stubborn. so they stole a picture, and they probably won't get punished for it. big deal. u got ur whole life ahead of u. don't let this ruin ur days to come. be good edj. :) |
 | dnt wrry much miss alodia, everything will be fine, im sure of it....... |
 | wobbly wrote on Apr 17, edited on Apr 21 not sure who actually works in the business here, but it might not actually be the fault of the graphic designer.
for all you know, it could simply be a case that the people hiring the designer gave him/her a folder named as 'assets', with your picture included in it - whether it was from simple research or gotten by some other means, and they simply got on with the job.
* re-reading, it seems in this case the designer is at fault though...
From what i'm aware of, and i've been around a while, you should keep it simple, and to the point.
work out what your (actually, Tricia's) usage fees and costs are, and simply email them an invoice.
its like - 'well, i've evidently been employed on an a job - wheres my pay?' - most agencies will be eager to settle in some way.
the 'VIP' thing is definitely an indicator that they think they are dealing with amateurs - just kids taking photos of eachother - and you need to change that perception of you.
deal with it in a business-like manner - you're worth - in monetary terms - what you think you are worth, and you need to get them to pay you that amount, or you will issue a cease and desist letter (this is where legal help is required), and they'll have to pay up some kind of compensation anyway.
basically, go about it in an adult, business-like (meaning money) manner and you'll get somewhere.
the people who've usually messed up are the art directors or the account managers, somewhere along that line.
if theyre some amateur outfit, then yeah, they could've messed up anywhere and everywhere, and probably won't have the funds to pay for their mistakes, but they - and anyone else if it is publicised - will know for next time.
let us know how it goes
edit:
"The creator of the poster said that a friend of his just sent him the image. Without any hesitation, he still used it."
Okay, then he is at fault because he should have cleared that the image was okay to use.
The friend is also wrong to have done that.
The organisation taking the poster though, they should have asked and gotten clarification that the poster (including its elements) was cleared for usage.
- imagine someone is making a record, they have a friend who sends them a track/lyrics that are from another artist. so they make this record using this, without checking for origin/copyrights, and it gets published, promoted, and they make money from it.
the artist that the lyrics/tracks were taken from would have every right in law to sue and get royalties and compensation/payment for breach of copyright.
ignorance is not an excuse.
edit:
should be the photographer pursuing them tbh, as the copyright holder to the image is the one who took it - in this case Tricia - and your costs would be part of her costs as you were the model (got release?)...
don't let them treat you (& Tricia) as anything other than a professional thats been left out of pocket by some bad/immoral business practice.
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 | I agree with most of comments here. you should seek legal help and sue the crap out of the graphic designers. Even though it's admission is free, they still get enough money from the sponsors to pay for the expenses and everything. They should properly compensate you for it...
I'm gonna post this in my blog to spread the word..! ^^ |
| i think one of the people here is/are the one/s at fault. LOL j/k
gudluck with that edj. |
 | I've already mentioned about this in my blog. |
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