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Home✈️Aircraft🚁HelicopterAerial Photography and Video › Can you charge someone for stealing your photos?
05-24-2007 04:54 AM  13 years ago
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HawkEyeMedia

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Fort Worth, Texas

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Can you charge someone for stealing your photos?
I tried using another local pilot as a cameraman last fall, but it didn't work out.

He's started his own business, and has used copies of the photographs that he was involved with as a camera operator on his website as though they were his own.

Here's his website:
http://dfwskycam.com/

Every single photograph on his website is copyrighted and belongs to my company, HawkEye Media.

I guess birdseye doesn't understand what a copyright means.
Mark LaBoyteaux
HawkEyeMedia.com
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05-24-2007 05:06 AM  13 years ago
aambrose

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Pana, IL

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Mark,
I've often wondered the technicalities in that. In our case, my wife actually takes the photos while I fly. I do all the Photoshop work afterwards. Technically, is she the copyright holder or the business? I would say the business. So in your case, I would say HawkEyeMedia is the copyright holder of the photos, not the camera operator.

Tony
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05-24-2007 05:08 AM  13 years ago
Rappy 60

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Paris, France

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This really depends on how you did the contract. If he is contracted for hire, then you own the photo's. If he was paid through his own company, then he probably owns the photos.

Dale
Load "*",8,1
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05-24-2007 05:11 AM  13 years ago
aambrose

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Pana, IL

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Dale,
Commodores rock!
How 'bout this one:
Press play on tape...

Sorry Mark. Carry on...

Tony
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05-24-2007 05:28 AM  13 years ago
HawkEyeMedia

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Fort Worth, Texas

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There were no contracts. He was supposed to have all these paying clients lined up, but turned out, he was wanting to shoot freebies for everyone.

That was part of the reason it didn't work out, that and he expected me to take him along on jobs I was shooting with my pole, which are one man shows.

I've asked him to remove the photos, we'll see what happens.
Mark LaBoyteaux
HawkEyeMedia.com
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05-24-2007 05:47 AM  13 years ago
kiwidave1

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Seattle, WA

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Hey Mark,

I just visited your website, very nice by the way but it was a little disorientating having the demo video right up against the top of browser window.

Try adding a few <BR /> or <P /> in the body before the.. (script language="JavaScript" type="text/javascript.....>> and I am sure it will be easier on the eyes.

Sorry, hijack over

David
Never underestimate the power of stupid people in large groups.
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05-24-2007 06:19 AM  13 years ago
rroback

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Irvine (UCI), Ca

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I'm in a similar situation, but a succesful one. I've been commisioned recently by another guy doing ap, and we made an agreement beforehand. I use my equipment, he pays me, but we can both use the photos for our sites. I'm not taking photos people would seperatly want to buy ( I.e. mostly real estate) so there is no extra money being generated, except for the clients.Rhett..... I can't fly, but the Profi sure can.
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05-25-2007 12:37 AM  13 years ago
johndale

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Ft Worth Texas

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Mark this is John and you are not telling the whole story. If you go to your web page it will speak for it self.http://hawkeyemedia.com/about.asp
The three of us got together and it went like this from our first meeting 30% for you 10% for your wife and 30 % for me and 30% for Mike. A month later things came up and I bowed out and that left you and Mike . But we all talked and about this subject and came to an agreement and that was any photos that was take during this partnership belongs to all of us.Mike had his company way before you had Hawkeyemedia. And we all talked about it. Mike is not selling any of the pics you are talking about. It was I who got the first photo shoot buy our flying club and it was Mike who set up the Pool shoot. I respect you alot at what you can do but this is not like you Mark doing this and not telling the whole story. Mike would not steal from you or me so Please retrack this statement.
John
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05-25-2007 12:49 AM  13 years ago
birdseye

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Fort Worth, Texas, U.S.A.

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Wow Mark,

Is business a little slow for you?

I find it in incredibly bad taste for you to post such as this in a public forum. But then again, I should consider the source. As you well know, I hardly stole the photos you’re referring to and frankly don’t appreciate the assault on my reputation. I’ve never stated anything bad about you, though you’ve given me plenty material to work with.

Public forum is not the place to discuss such, but for those who are interested read on. Those of you who actually want to learn something about AP don’t waste your time, go read something else that’s worthwhile BUT LEARN THIS…If you choose to work with a partner in AP or any other business for that matter, don’t EVER trust them to do the right thing. A person can seem to be completely straight-up and when real money starts to get involved, that person can turn into a snake faster than you can spit.

To those of you who care, Mark and I joined forces Fall '06 and formed a 50/50 partnership. Actually, we first formed a 33/33/33 partnership with Mark and his wife, JohnDale and his wife, and me and my wife. There were no written contracts, but we very much had a verbal contract. John saw the writing on the wall much sooner than I did, and bailed, leaving Mark and myself at 50/50. Early on, we had discussed contingencies if the partnership didn’t work out. As was discussed, anything Mark had shot before the partnership was exclusively his. Anything we shot together was shared 50/50, anything shot after the end of the partnership again, all his. We used Marks equipment because at that time I was having overheating trouble with an experimental gasoline engine I had installed on my Raptor and my Observer had never flown up to par. DFWskycam existed long before I ever met Mark, but we agreed to do business together as HawkeyeMedia. Although we used his equipment, the vast majority of subject matter that we shot was my brainchild exclusively. After a shoot, I would retouch and do my digital artwork on the images and then email them to Mark to post on OUR website. The images that we shot together and I retouched make up a large portion of the photos that he currently displays on his website. So who is being taken advantage of here? As weeks progressed, I as well started to see the writing on the wall as OUR business started more and more going back to HIS business.

To this day Mark still has not informed me that we are no longer partners. The way I found out was that my hawkeye email just all of a sudden quit working. I was puzzled about this, so went to hawkeyemedia.com and found someone else’s name and phone number where mine had been the day before. Also to this day, check out the ABOUT US on his COMPANY INFO page on hawkeyemedia.com. Here is what you’ll find: http://www.hawkeyemedia.com/about.asp Of course he’ll probably either delete it or change it as soon as he sees that I’ve referenced it.

So Mark, am I to take this as official notice that we are no longer partners?

When are you going to pay me the money you owe for jobs completed, supplies and equipment that I bought and paid for?

Anxiously awaiting my check and apology,

Mike Edwards
DFWskycam.com
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05-25-2007 02:20 AM  13 years ago
kiwidave1

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Seattle, WA

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Next time, try washing your laundry before hanging it out for all to see (skid marks are best if left on the road).

Good luck to both of you resolving this issue in a private and dignified manner.

David
Never underestimate the power of stupid people in large groups.
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05-25-2007 04:19 AM  13 years ago
HawkEyeMedia

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Fort Worth, Texas

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You'll be hearing from my lawyer.Mark LaBoyteaux
HawkEyeMedia.com
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