i received a call from a good friend to tell me to check out the logo of a breeder (that we both know). well, the logo was definitely created from a picture of one of my dogs!! a photo that was on my website at one time! without going into detail, there is something very distinctive about the original photo; and it is in the logo!! not a change at all! i'm wondering if that is legal?
Any thoughts?

let's see... what are YOUR damages? most likely none.

so what are you going to sue for? credit? You will look petty. Take it as a compliment and forget the legal stuff.

we can all learn a lesson.

Have you tried contacting this person to express your feelings on the matter? I would try to handle it amicably first, then see what happens. If you took the photo, and it is being used without your permission, it is a form of copyright infringement.

Good luck.

I'd write to the person saying something like - I noticed you have used my dog Harry's picture for your logo. While I am flattered that you admire Harry, please do not use my dog's picture for your website. I will appreciate your removing the logo as soon as possible. Thanks. Harry's breeder.

Xhibitor and Breeder are absolutely correct. No one can use one of your pictures without permission. Copyright is an include feature of all original photographs and written material. It does not however apply to html code, but there are ways to protect your source code. I have had problems with my pictures in the past, but am really not a creative enough programmer to have anyone wanting to steal my code. I would e-mail the person who has misapprapriated your photo and politely ask them to take it down. If this does not work, I would find a friend who is a lawyer and have them e-mail. t is amazing what three little letters (esq) can do to change someone's tune.

Although I do agree with the others in part, if you do not have "all pictures are the property of .... and duplication or use without permission is ...." then on the internet, I do believe it's free for all. Very sad but true. We turn on the news all the time and hear about celebrities having their pictures stolen off the net and used.. they can not sue unless it's actual copyright infringement. For them it goes with the territory. I think it's sad someone feels they have to steal a picture to better themelves. I also agree BIG TIME having a letter sent by an attorney with the initials ESQ has a huge huge affect and will probably due the trick. Make it nice, direct, but to the point and give a time frame for taking the picture off. Even if you can't do anything... say you will. GL that stinks.

It is illegal to take and use someone's photographs no matter what is or isn't written. The photos are the property of the photographer and not the owner of an animal, house, etc or the person in the photo. In other words celebrities get their photo taken and plastered everywhere because those photos are the property of the photographer and not the celebrity (sad but true). If someone uses a photo in a logo without permission it is absolutely illegal.

To the best of my knowledge (I'm a second year law student- so please don't constitute this as legal advice), the previous poster's statement about it being a free for all on the internet is incorrect. The reason celebrities have a difficult time protecting their pictures is because they are public figures- the same as the president.

A copyright occurs under the law when an original work is created. The copyright is held by the author of the work unless transferred or otherwise specified. So, hypothetically, if you paid a photographer to take this unusual picture, it is an original work of art. However, the copyright, unless otherwise specified by an agreement between you and the photographer, the photographer as the author owns the copyright in the photo (which is why, when you want more copies of a professionally done photo, you are supposed to reorder from the photographer). So, unless otherwise agreed to, most of the time with professional photographers you own the photograph but not the copyright. Clear as mud?

However, if you took the photograph, then it is your original work, and the copyright takes hold the minute the work is created (you have stronger protection if you file with the US Patent Office, but you don't have to).

I would consider very carefully your entire course of action before pursuing it. First, attorneys are expensive. Second, they often want to include some sort of threat in there (if the picture is not removed by x date, we will do y)- and I would consider heavily the damages to your professional reputation as a breeder the letter would do and the actual damages the picture has caused before worrying about it.

concerned,

If that is indeed 'your' photo in the logo then yes, this other person is breaking copyright laws. However, the best way to solve the problem is to e-mail or even snail mail them and ask that they remove the photo in their logo from their web site. Explain to them that by having 'your' photo in their logo copyright laws have been broken. But to pursue this through lawyers would probably become too expensive unless it is a photo of 'value'.

Yes, I too have had photos 'stolen'. In fact I am now in pursuit of finding a person that is using my AKC honorable mention contest winning photo without my permission.

The following is what I have written on my web site.

© All photography and artwork on this site is copyrighted by A Digital Moment and is protected by Federal and International Copyright and Intellectual Property Law. By Federal Copyritght Law the moment the work is created it is copyrighted. Therefore, any work on this site cannot be stored, sold, manipulated, or reproduced without written permission of A Digital Moment or Carol A. Stevens.

I take care of copyright and trademark issues for a large international company.

The act of "publishing" (posting on your web site for example) gives you copyright rights, even if you do not have a copyright notice. You should be able to request that they stop using your photo.

If you had an actual copyright registration with the Library of Congress, then that gives you the legal right to also collect damages (if you can document/prove).

A polite request should take care of it. If there is no reply, or they refuse, then have your attorney send a letter.

MK

What is wrong with all of you? I would be
flattered if someone used one of my dogs
in their logo! However, I would contact
this person and let them know that is your
dog and please acknowledge that fact!
I would also ask them why they used this
particular photo??

I think that is the issue...this person is using her photo in the logo and not giving her any credit.
I'm pretty sure if they had asked could they use the photo, and given proper credit for it, the OP would have let them use it, because it is a compliment.
But no such request was made.

I would write and ask them to remove the photo or give you credit for it on their site.

Digital Millennium Copyright Act

What is Copyright

10 myths about Copyright explained

When I've run into it, usually a nice but stern letter providing those links will do the trick. If not, then a nice but stern letter to their webhost reminding them of the copyright laws will usually get their website shut down until the offending picture is removed.

How about if they bred dogs you didn't agree with like doodles or silvers? I've had it happen and I've seen it happen. They are misleading people into thinking that YOUR dog was produced by them.

Laura, I was just about to write the same thing. Also, a breeder using someone elses dog's photo on their web site without acknowledging the fact gives the impression that the dog is of their breeding. jmo

IF this site was NOT a breeders site and asked, key word being ASKED, if they could use that photo, I would consider allowing the photo to be used.

In my case the photo in question is being used to sell items.....

If the photo was being used on a site that promoted something the original poster was against, or was used in a misleading manner, of course, the OP would not give permission for the photo to be used.

But how many times do people like this actually ASK permission? especially if they are fairly certain their request will be denied. I think more often than not, they just take it.

Could the dog in the photo they are using be somewhere in the breeding of one of their own dogs? I don't know if that would make a difference to you or not but I wouldn't be bothered by someone using a photograph of one of my dogs if it was a dog in their own pedigree but it would bother me a lot if the photo was of a dog of mine that wasn't even related to their dogs. If the picture in question is part of their own dog's pedigree then it kind of makes sense (IMHO) for them to be able to use it as their logo because that is a photograph that kind of represents their own line too. Does that make sense?

We have ALL spent hours of our lives trying to get that "perfect" picture, have we not? We have also hired the likes of some truly fantastic professionals to capture our dogs like no other can. Why should anyone else (other than ourselves-breeder/owners, or professional photographers), feel a sense of entitlement to that work? In what world did it suddenly become O.K. to take from others without so much as a word?? I don't buy the whole "flattery" theory- it just doesn't hold water. Taking without asking is (and always will be) theft, stealing- WRONG. If I admired someone's dog or work enough to want to use a picture or graphic image, I would have the GUTS to ask first, and the RESPECT of that individual if he/she said no.

In closing, if this truly was the result of an innocent error in judgment...educate, forgive, and move on. If it was a less than genuine action, pursue it further. The post from the law student was very accurate; fees for this case would quickly mount up. However, I firmly believe there is a true need to build precedent for cases such as this in cyber space. Best of luck to you.

You probably have a right to be mad in the first place but why not contact the person before things spin out of control? I don't know the work or the person you are speaking of so maybe I am speaking out of turn and apologize if that is the case since there may be more to this than meets the eye. With the advent of the Internet I would bet many people don't even think of such things when they copy something off the net unless there is a blaring warning notice. Yes, some may do it anyway, but in that case its probably safe to assume they don't care about the law. Tough call though.

Well without seeing the photo or the logo are you sure it's your dog?

I made a logo (added a oil painting effect) from a photo of one of my dogs taken many years ago. I have always loved that photo of my dog.

Recently a very well known breeder emailed me and wanted to know who that dog was. When I told this breeder who it was, this breeder then wanted to see the original photo, so I sent it this breeder. I just got the feeling that this breeder thought I was using a photo of one of their dogs. My dog looked a lot like the type of this breeder's dogs, so perhaps I should be flattered as I've alway admired their dogs.

I agree this is copyright theft at the least.

It is very difficult to find a lawyer that handles web or internet related issues. I have a friend that was personally torn apart on a web site and he couldn't find a good lawyer to handle it. He had the means to pay whatever was needed, no one seemed to want to handle it or was capable of doing so.

I would contact this breeder, ask that your photo not be used and if that doesn't work then proceed in whatever manner you are comfortable with.

I don't blame you for being upset. Good luck with your future endeavors with it.