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Photo Retouching "Improving" photos, post-production, correction, etc.

Becareful with the following site

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  #11  
Old 04-05-2011, 09:15 AM
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Boneappetit Boneappetit is offline
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Re: Becareful with the following site

You are right sirrduke, I should have done that. I just didn't think they would block the access so soon after I post this. The first one pointing to their site was Natalia on her facebook blog, so I went to take a look and for my surprise they also had one of my works there, (on a photo from LF). I kept reading and searching and also found some work by Nienna (Natalie) and works from MM, that's when I decided to post the warning note...
Actually I didn't have the intention to complain or anything like that.

What really bothers me is the fact that they were advertising their services as the last bottle of water in the desert, but they couldn't come up with their own retouches. Perhaps they are doing just that right now...
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  #12  
Old 04-05-2011, 09:42 AM
sirrduke2010 sirrduke2010 is offline
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Re: Becareful with the following site

I am not an attorney so I can give legal advice but just because they removed their add from Model Mayhem doesn't mean it was removed from the internet. There is a record of everything posted on the internet.

If you have the time I would do the following. I would search for any keywords related to the company doing this and the works they copied. Search through yahoo, google, msn search engine, dogpile, etc. I would also contact Model Mayhem to see if they have a copy which they probably do because everything is stored.

Keep a record of wherever you find it and make a copy of it. Contact the other photographers who were also violated and see if they have any information at all. If you want to do anything you will need evidence. In order to sue for damages if you want you will need copyright that has been gotten before the image showed up, you will need proof that you make money from photography, you will need the evidence, if you have a copyright you can sue for more and get your attorney fees back, and most cases
of copyright infringement if you can prove what you say often can be handled out of court by proving to the company itself that you own the copyright. If I was going to pursue something I would talk to an attorney on how to proceed at least the first time so you don't say or do something that would compromise your case.

Many corporations will steal people's images because they know that only 5% of photographers in the US have copyrights. You have a case for damages in addition to this if they remove your watermark. A couple of problems are if the person is out of the country it depends on their government as to the success of pursuing copyright infringements. There are other governments that won't help at all in the copyright pursuit. I would save all correspondences you have with Model Mayhem so if you need to do something against them you have a record. One of the problems though is that when you joined you agreed to their terms and conditions. A lot of the time they will say they take no responsibility for what other people publish to the site but it could be different if they were notified and didn't do anything it or they allow them to re-advertise with the images you talked about. I am not sure on this so this would be a good thing to discuss with Carolyn if you decide to do something about it. Carolyn Wright is more up to date on the Copyright Laws than I would be. Spending a little up front to find out what you can and can't do will save you money and your time in the long run. I have to save this. I am not an attorney so I can't give legal advice.

I hope this helped.

Mark
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  #13  
Old 04-05-2011, 09:56 AM
sirrduke2010 sirrduke2010 is offline
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Re: Becareful with the following site

Hello Bone Appetit,

Here is a site that tells you who is hosting this site and here is the direct link: http://fixarphoto.com.hostlogr.com/. http://fixarphoto.com.hostlogr.com/htt.I don't know how reliable the information is but is shows that the site you mentioned is owned by Coreix Limited. I would check out the Hostlogr.com to make sure they are reliable. I simply did all this to be of help but I don't take any responsibility for any misinformation and/or what you do with the information. In other words use the information I gave you at your own risk. I have to say that. Thanks for listening.

Mark
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  #14  
Old 04-05-2011, 12:31 PM
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Boneappetit Boneappetit is offline
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Re: Becareful with the following site

That's cool sirrduke... No worries, now I'm surprised you found this LOL... I appreciate it...
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  #15  
Old 04-05-2011, 03:52 PM
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mistermonday mistermonday is offline
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Re: Becareful with the following site

Fixar photos .com, .co.uk, and .net are all hosted by GoDaddy and all three sites are down at the moment. The company is based in London UK (northumberland Ave - West End). It was formed in Jan 2010 and claims to have 19 professional staff, all the retouchers of which are graduates of London Fashion College. The company appears to be managed by a Sarah Martin and the company logo appears to have been registered by Deborah Gibson.
Anyway perhaps posts like this one started by Boneappetit exposed the copyright violation to GoDaddy which is pretty strict when it comes to legal stuff. Perhaps they were shut down or perhaps Fixar pulled the plug to clean up the borrowed works.
Regards, Murray
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  #16  
Old 04-05-2011, 08:34 PM
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Boneappetit Boneappetit is offline
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Re: Becareful with the following site

Wow Murray, this is really impressive. How in the world did u get all this info? hehe... Ever since I came to this site, I've been learning a lot... (about everything)
Thanx Murray...
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  #17  
Old 04-05-2011, 09:43 PM
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mistermonday mistermonday is offline
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Re: Becareful with the following site

Quote:
Originally Posted by Boneappetit View Post
Wow Murray, this is really impressive. How in the world did u get all this info? hehe... Ever since I came to this site, I've been learning a lot... (about everything)
Thanx Murray...
Hi Boneappetit, there are technical ways to trace customers through Domain Name Servers, Internet Service Providers, Registrars etc. Furthermore, arrogant individuals like this that boldly steal other peoples' works and present them as their own, are often very sloppy and leave trails that can be followed like a skunk.
Not only did they steal intellectual property but wrote their own reviews. The partial screenshot below was posted on a review blog but technical analysis reveals that most of the reviews were written on the same computer and posted from the same physical location.

So you wonder if anything advertised by this company is truthful . Unfortunately the Internet offers some level of anonymity to the unscrupulous. And therefore that old addage still holds truer than true: "Caveat Emptor / Buyer Beware"
Regards, Murray
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