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> USM is now openly allowing plagiarism practice, by using stolen photos on their website (Chat)

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TSFighteden
post Jul 4 2014, 06:40 PM, updated 7y ago

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Continue from: https://forum.lowyat.net/index.php?showtopic=3264528

USM has been using my photos (4 of them in their website) for the past 7 months without my permission which i only found out several weeks back. And they refuse to do anything about other than ask me to issue them a summon letter to their legal office, Mr. Khairul Anuar Bin Che Azmi.

The person who took this photos by Googling certain keywords admitted that she cropped the photos for the sake of the website design, hence my watermarks is cropped from it. Her name is Norzila Binti Manap.

I am definitely not letting this go easily as they were very rude to me when i was being nice to them enough not to expose them earlier by giving them a chance to settle this behind closed door.

I was so wrong to think so.

So here is the URL they are using (shorten), refresh for different photos: http://goo.gl/iOsDAO
Attached is the screenshots of my photos. And there's 4 more photos which no one knows who they belongs to.

Feel free to share this around as USM is now openly allowing plagiarism practice even within their own website.

And to those that ask me to seek legal action, it's a dead end when you are not financially capable to see it through, easily from RM10,000-RM30,000 when reach High Court. I have seek advice from a few lawyers and a letter of demand is all i can do.
If they decide to ignore it, there's nothing i can.

Again, as a photographer, it's sad to see your own photos isn't protected by the law if you don't have the money to do so.

Justice = Money game

user posted image

user posted image

user posted image

user posted image


Full photos without USM logo but from their USM link (can see the watermark is cropped on bottom right)
» Click to show Spoiler - click again to hide... «


You can compare to the original photos with watermark here:
» Click to show Spoiler - click again to hide... «


This post has been edited by Fighteden: Feb 24 2016, 02:06 AM
leetan33
post Jul 4 2014, 06:42 PM

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kesian TS. hopefully they will give you an explanation on this.
SUSUpCar
post Jul 4 2014, 06:43 PM

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wat are your chances for victory here ?
xaoc
post Jul 4 2014, 06:43 PM

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those are some really nice photos mang

those bastards mad.gif
discretesound
post Jul 4 2014, 06:43 PM

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Share on facebook..make it viral
graphidz
post Jul 4 2014, 06:44 PM

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why you need to open another one?

anyway, beautiful shots. too bad got stolen. hope for the best TS
TSFighteden
post Jul 4 2014, 06:45 PM

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QUOTE(UpCar @ Jul 4 2014, 06:43 PM)
wat are your chances for victory here ?
*
Doesn't matter even i have all the hard solid evidence (raw files, websites, dates, witness etc) as if the judge decides to favor USM, i am screwed upside down.


LeonTan
post Jul 4 2014, 06:47 PM

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If no action is taken from USM, TS I support u put on Facebook mad.gif

U have gave them a chance and they not appreciate it.

Facebook is a very good weapon.

But of course consult your lawyers what to do before u do anything
tamagato
post Jul 4 2014, 06:48 PM

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put ur water mark big big lo
TSFighteden
post Jul 4 2014, 06:49 PM

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QUOTE(LeonTan @ Jul 4 2014, 06:47 PM)
If no action is taken from USM, TS I support u put on Facebook  mad.gif

U have gave them a chance and they not appreciate it.

Facebook is a very good weapon.

But of course consult your lawyers what to do before u do anything
*
They not just did not appreciate it, they were rude and literally yelling at me as if i stole their photos.

Lawyers can't do jack if you are not able to see it through to High Court.
I am going to send them a letter of demand soon, and see what's their respond.
#aten
post Jul 4 2014, 06:49 PM

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need your DA page URL linked to the pics for comparison
Haste
post Jul 4 2014, 06:50 PM

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Tell the news people
neoexcaliber
post Jul 4 2014, 06:50 PM

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QUOTE(Fighteden @ Jul 4 2014, 06:45 PM)
Doesn't matter even i have all the hard solid evidence (raw files, websites, dates, witness etc) as if the judge decides to favor USM, i am screwed upside down.
*
Since you're the original author, it's very hard for you to lose. Just sue them and ask them to pay your legal costs. Don't be afraid bro.
red streak
post Jul 4 2014, 06:51 PM

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QUOTE(neoexcaliber @ Jul 4 2014, 06:50 PM)
Since you're the original author, it's very hard for you to lose. Just sue them and ask them to pay your legal costs. Don't be afraid bro.
*
He needs to pony up at least 10k up front. Lawyers aren't cheap.
779364
post Jul 4 2014, 06:51 PM

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Here is something I got from a website on how to deal with people stealing your photos

The photos are used on a commercial website representing the establishment USM in the eye of the public. This is way above the fair use limit. It is only fair for USM to include credits to you and a link to your website.

QUOTE
Another option you have for resolving infringements is to contact the infringer yourself. You may request payment for the infringement and/or ask that the infringer cease use of the image. It’s best to do this in writing – a letter by surface mail seems to have more clout than email correspondence.

If the website would provide a marketing outlet for you, you may only want the infringer to give you proper credit. If so, make a written agreement with the infringer that you will provide a license for the image (be sure to designate the parameters of the use, such as who, what, why, when and where – see my blog entry on the subject for more information), on the condition that the infringer posts your photo credit / copyright notice on or adjacent to the image, along with a hyperlink to your website. You may get additional work from the infringer or others.

Photographers sometimes send an infringer an invoice for three times their normal license fee as an offer to resolve the infringement claim. While the 3x fee may be an industry standard, is not a legal right given by any court of law or statute. Instead, U.S. law states that you are entitled to actual or statutory damages for infringement as provided by 17 U.S.C. Chapter 5, specifically section 504. The damages that you can receive from infringement - especially if you timely register your photographs - sometimes can amount to a lot more than three times your normal license fee. So you may want to think 2x before you send the 3x letter.

Your demand for payment may be admissible against you in an infringement case, which can limit your ultimate recovery. To avoid this possibility, include in your demand letter that “these discussions and offer to settle are an attempt to compromise this dispute.”
Zanei Gundan
post Jul 4 2014, 06:52 PM

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>allowing plagiarism

nice play OP...suppork all the way
cofin
post Jul 4 2014, 06:55 PM

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Write to the star ....malaysia kini .....just go make fun of them
VengenZ
post Jul 4 2014, 06:55 PM

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sad case, next time put watermark on the whole picture
xcxa23
post Jul 4 2014, 06:57 PM

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If money is an issue, then perhaps u can find some influential ppl to assist u.
Ppl from bn or pkr...

liquidsny
post Jul 4 2014, 06:58 PM

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they probably think of your case as "nothing big gambar je nk kecoh"
something like that

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