Old 04-12-2011, 01:19 AM   #1
sd9
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I need some opinions...This cover of a CN booklet (see link below) was posted on one of my group sites, the question was why they changed the number on the EJ&E engine since EJ&E didn't have a 626, but the bigger question is I think they stole my picture! well copy and pasted part of it anyway, What do you think, is it the same?

CN Booklet
http://xa.yimg.com/kq/groups/92947/s...6E+Booklet.jpg

My pic
http://www.railpictures.net/viewphoto.php?id=261742

Bill
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Old 04-12-2011, 01:39 AM   #2
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It sure is the same, except for some photo shopping they did. It's the exact same angle with the exact same shadows.

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Old 04-12-2011, 01:44 AM   #3
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I was going to say, "the units don't the same road number", but on close inspection, I'm pretty sure that this is your picture, too, albeit modified quite a bit.
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Old 04-12-2011, 01:59 AM   #4
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Originally Posted by sd9 View Post
I need some opinions...This cover of a CN booklet (see link below) was posted on one of my group sites, the question was why they changed the number on the EJ&E engine since EJ&E didn't have a 626, but the bigger question is I think they stole my picture! well copy and pasted part of it anyway, What do you think, is it the same?
Bill
It would appear so! Sun angle, shadow, perspective, angle, and positioning of the chains and air hoses. The only mod was changing the number and adding a small amount of grime on the pilot.

They probably changed the number to hide that very fact. Or, possibly 626 has some unknown meaning.

I'd contact them. Normally a photo that far removed from the original composition would not bother me and I'm not one to be a part of what makes this world so litigious, however... it is CN and that appears to be the exact image. I'd e-mail and state, "I think you have used an image of mine as found on RP.... if that is the case, I'd like to discuss proper compensation. Considering how much the image has been modified, I am open to discuss with you a discounted rate of _______? Maybe somewhere between $100 and $250. Can't hurt, especially if start high but state you are flexible.

Good luck.

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Old 04-12-2011, 02:09 AM   #5
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You deserve to get paid. A multi-national multi-billion dollar company knows better. I hope you make enough to buy some new lens or something.
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Old 04-12-2011, 02:14 AM   #6
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I would suggest you speak to an attorney about this. They obviously took your photo and looks like they intentionally tried to cover it up by making certain changes to it. There may be some serious liability issues there.

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Old 04-12-2011, 02:18 AM   #7
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Originally Posted by Mgoldman View Post
They probably changed the number to hide that very fact. Or, possibly 626 has some unknown meaning.
The original unit number is 666. Not exactly a good number to be putting on the cover of something. I'd contact them and request proper compensation. Just don't be mean or threaten action you aren't going to follow through with.
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Old 04-12-2011, 04:15 AM   #8
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On the CN web site they have a pull down called "Media Image Centre" with 6 pages of photos at various dpi's and at the top it says;
These digital images are the exclusive copyright of the Canadian National Railway Company. They must not be distorted or used in any way that is detrimental to the Company's image or reputation.

But I guess it's OK for CN to use and distort other peoples photos?
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Old 04-12-2011, 04:44 AM   #9
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On the CN web site they have a pull down called "Media Image Centre" with 6 pages of photos at various dpi's and at the top it says;
[i]These digital images are the exclusive copyright of the Canadian National Railway Company. They must not be distorted or used in any way that is detrimental to the Company's image or reputation.[/I
Interesting, the way they phrased it... it's almost as if it's OK to use the photos so long as they do not present CN in a negative way.

/Mitch
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Old 04-12-2011, 04:44 AM   #10
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Exactly, why I think you should see an attorney about this. This could really be beneficial to you. It shouldn't cost you anything for a consultation.

I'm thinking more of a corporate law firm.

Chris Z.

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Old 04-12-2011, 04:45 AM   #11
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Maybe if they don't want to give you cash you could get a cab ride out of it or something. Or since they like your work so much maybe they can give you exclusive access to some place interesting
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Old 04-12-2011, 04:53 AM   #12
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Quote:
Originally Posted by Mgoldman View Post
Interesting, the way they phrased it... it's almost as if it's OK to use the photos so long as they do not present CN in a negative way.

/Mitch
Right...they are media photos....lol
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Old 04-12-2011, 04:54 AM   #13
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Maybe if they don't want to give you cash you could get a cab ride out of it or something.
A massive violation of copyright and you'd take a cab ride as payment? Fail.
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Old 04-12-2011, 04:55 AM   #14
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I stared at it for a couple minutes, and it's so close it hurts my brain....the only differences are the number and the pilot grime - the angle of the photograph and the sun are IDENTICAL.
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Old 04-12-2011, 05:14 AM   #15
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A cab ride my butt! $250? Hardly. Save everything including print screens of anything and everything significant. If you can get a hard copy of the booklet, then that's even better.
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Old 04-12-2011, 05:49 AM   #16
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Looking at the handrails towards the rear, you can see in the CN edited version the chevrons of the trailing unit... only thing they didn't delete was it's nose.
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Old 04-12-2011, 06:33 AM   #17
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That's messed up...
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Old 04-12-2011, 08:00 AM   #18
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Yeah, I'm sort of surprised they would make such an unprofessional move, however it certainly appears that is your photograph.

I would demand that they honor a locomotive in your name.

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Old 04-12-2011, 08:46 AM   #19
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Had a real quick play with the original and it sure looks like it to me.

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Old 04-12-2011, 02:16 PM   #20
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They are definitely the same. Just go about it slow and think on it.
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Old 04-12-2011, 04:58 PM   #21
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Or you could do this: pick some piece of photographic equipment you desire, tell them that they can send this to you, or you will sue for copyright violation.

$250? No way...
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Old 04-12-2011, 05:36 PM   #22
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Or you could do this: pick some piece of photographic equipment you desire, tell them that they can send this to you, or you will sue for copyright violation.

$250? No way...
I think $1000 or more is appropriate.

Assuming that is his photo and it looks close.

If they made money off the image then he is entitled to all their profits, in addition to a penalty.
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Old 04-12-2011, 05:39 PM   #23
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I think HG and Troy are more in line with this thing than some of the other guys. My first reaction was to tell Bill to decide which new lens he wanted.
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Old 04-12-2011, 06:05 PM   #24
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I'd agree with the above post - this is a huge copyright violation, and if you're a good proper American and have a lawyer, go talk to him.
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Old 04-12-2011, 06:41 PM   #25
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And dont let the fact that they are a canadian company make you think you cant sue them, I sued bombardier years ago and won some money, they are a canadian or french company. If they have business presence in the U.S. (they do), you can sue them.

In addition, tell them you want proper photographer credit.
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