Calanan Photography

Found my photo used without permission

2009-11-04T10:26:00.030-07:00

Original

Thanks to jakerome, who saw this Tuesday night, I found one of my photos being used on Toyota's new 4Runner web site without my permission.

For the record, I was never contacted for permission or licensing, the image is (and has been for some time) licensed All Rights Reserved and the way it's "protected" (weak as that is) on Flickr they had to have circumvented the protections (e.g. screen shot) to copy it.

Also I've had the following disclaimer on the photo for some time as well (I habitually do this with all of my popular Flickr photos):

This photo is licensed All Rights Reserved. If you wish to use/publish it contact Michael Calanan / Calanan Photography, LLC

On thing I have never done, but will begin to, is register my images with the US Copyright Office.

For those who might not be able to access the Flash page, the photo is the used at 230x150px, is not credited but does click through to the Flickr page.

I realise that I should seriously consider investing in retaining a lawyer but in the meantime I'd like to hear what others in similar situations have found to be successful.

Some folks half-jokingly suggesting that I send Toyota an invoice for licensing and usage - does that ever actually work?

Also some suggest Toyota is in the clear due to the fact that they link back to the original and one cited the case Kelly v. Arriba Soft:

en.wikipedia.org/wiki/Kelly_v._Arriba_Soft_Corporation

Your thoughts?

Update #1 09:00 Mountain 04 Nov 2009

There are also discussions at:

www.flickr.com/photos/calanan/4074191630/
www.flickr.com/photos/calanan/111965008/
www.flickr.com/help/forum/en-us/111630
www.flickr.com/groups/nomorefreephotos/discuss/7215762260...
tech.groups.yahoo.com/group/ASMPproAdvice/message/9529

And on Twitter via @calanan.

Update #2 09:45 Mountain 04 Nov 2009

Though I have not yet been contacted by Toyota directly, I just received a Twitter update from them stating:

twitter.com/Toyota/statuses/5424392180

"@calanan @Photo_John @stuartzero We're currently pulling the photos and will be in contact with each photography who was represented."

So much for the licensing/usage invoice I was drafting. :(

Update #3 10:30 Mountain 04 Nov 2009

Flickr jakerome / Twitter @jakerome has created two Flickr Galleries showing all the photos used in the 4Runner campaign:

Toyota, oh what a stealing! - Part 1
Toyota, oh what a stealing! - Part 2
Toyota, oh what a stealing! - Part 3

Update #4 11:00 Mountain 04 Nov 2009

Blogged at Brand's Anatomy: "The bigger the company, the bigger the blunder"

Update #5 13:15 Mountain 04 Nov 2009

There are apparently two separate 4Runner sites, the Flickr photos have only been removed from http://www.toyota.com/vehicles/minisite/4Runner/ not from http://www.toyota.com/new4runner/

Update #6 15:41 Mountain 04 Nov 2009

Still no contact from Toyota

Update #7 16:51 Mountain 04 Nov 2009

Another affected photographer, @dmourati speaks out, "Oh What a Feeling"

Update #8 18:20 Mountain 04 Nov 2009

Update from the Toyota Flickr account in Flickr: The Help Forum (still no direct contact from them):

"Toyota apologizes for pulling images from Flickr without photographer permission. Images from a handful of photographers appeared on a Toyota site for five days. We’re working quickly to reach out to the individual photographers involved. Until then, the images have been removed, and corrections have been made to the process of pulling images from Flickr."

Update #9 10:50 Mountain 05 Nov 2009

PDN (Photo District News) has picked up this story at PDNPulse

Update #10 13:45 Mountain 05 Nov 2009

Story picked up by

The Denver Egotist: Toyota Shamefully "Borrows" Image from Local Denver Photographer

CNET: Getty and Flickr deepen photo-licensing ties

Update #11 15:10 Mountain 05 Nov 2009

Another affected photographer, @SnorriGunnarsso speaks out, "Toyota stealing photos of Flickr"

Update #12 09:30 Mountain 06 Nov 2009

Blogged at Shuaism: "7 Lessons learned from Toyota’s 'borrowed' image follies"

Update #13 15:40 Mountain 06 Nov 2009

Blogged at BNET: "Toyota and Saatchi Used Images From Flickr Without Permission"

Update #14 16:50 Mountain 06 Nov 2009

New Flickr images are showing up on the Toyota 4Runner minisite

www.toyota.com/vehicles/minisite/4Runner/

But not this version

www.toyota.com/new4runner/

Update #15 13:30 Mountain 07 Nov 2009

Blogged at Photo Attorney: "Protect Your Flickr Photos"

Update #16 17:30 Mountain 07 Nov 2009

Another great article on this issue Advertising Age: "User-Created Ads Create Rights Conundrum"

Update #17 11:10 Mountain 09 Nov 2009

Another blog post about this issue: A Photo Editor "The bigger the company, the bigger the blunder"

Update #18 10:10 Mountain 10 Nov 2009

Found more articles online:

iMediaConnection: "Toyota's social strategy lands it in hot water"

Adland: "Paris Hilton not amused by 'Vacant' billboard's truth in advertising + Toyotas flickr-pillaging"

Digital Wedding Forum: "Maybe Their Web Designer Did It"

D-Photo: "Billboard Not So Pretty..."

The cutest kid in Denver

2009-10-27T11:23:00.004-06:00

As my dear readers know, the Calanan family - and thus the Calanan Photography business - were recently relocated from Salt Lake City, UT to Denver, CO. After a delay to allow for some home improvements in our new (and first!) home the business has been rekindled in a Phoenix-like rise from the proverbial ashes with a family portrait session with the cutest kid in Denver.

Seeking out some Autumn color, we headed over to Denver's Cheesman Park where we found some wonderful foliage that we used both as a backdrop and as a prop for the young Miss F.

Some of my favorite shots from the outing:

Technical specs:

Nikon D700
Nikkor 50mm f/1.8
Nikkor 85mm f/1.8
Nikon SB-800 speedlight (for fill)
Westcott 45" white brolly (for diffusion)

More in this Flickr gallery.

Airportraits

2009-10-16T15:56:00.002-06:00

MSP

ORD

CVG

SLC

Show me yours.

Jolie Holland in Denver

2009-10-12T09:44:00.000-06:00

This weekend we had the pleasure of seeing Jolie Holland and Grey Gersten (w/opener Matt Bauer) at The Walnut Room in Denver. We're long-time fans of Jolie (and The Be Good Tanyas) and it was a treat to finally see her perform. Likewise, this was our first trip to Denver's Walnut Room and we look forward to returning for more gigs.

Though I wasn't on assignment, I did haul the old Nikon D700 and Nikkor 85mm f/1.8 lens into the show - I just love this combination, especially for concerts - and took some snapshots as we rocked back and forth to the music...camera in my right hand, Great Divide Denver Pale Ale in my left. :)

Jolie's web site is www.jolieholland.com

Some examples of her work, from blip.fm ♫

"Amen"
"Damn Shame"
"Crazy Dreams"
"Old Fashioned Morphine"
"Springtime Can Kill You"
"I Wanna Die"

Finally, the full gallery and a slideshow:

Kerby went to the salon

2009-10-07T17:00:00.002-06:00

Nikon D700, Nikkor 50mm f/1.8

Taken shortly after arriving home from his new doggy salon Oona's Dog Groom & Spa, which is staffed by very friendly and talented groomers.

"Will you put that thing down and PLAY with me already?!"

Nikon D700, Tokina 12-24mm f/4

...and yes, I am available for pet portraits, thanks for asking. :)

.a is for animadvert.

2009-10-07T10:19:00.003-06:00

.a is for animadvert., originally uploaded by calanan.

Colfax Ave
Denver, CO

Nikon D700
Nikkor 50mm f/1.8

[Part of my "Drive-By Shootings" taken-while-driving street photography series]

Slightly less 'racially-inclusive' stock photo seen in the wild...

2009-09-29T16:13:00.012-06:00

Remember the hullabaloo back in June about the Photoshopped image used on the City of Toronto's Summer Fun Guide? (Google search)

Here's an excerpt from an article in Canada's National Post:

City digitally adds black guy to Fun Guide cover to make it more ‘inclusive'

The smiling, ethnically diverse family featured on the cover of Toronto's latest edition of its summer Fun Guide was digitally altered to make the photo more "inclusive," which city officials say is in keeping with a policy to reflect diversity.

(Hover over the image below to see before-and-after versions)

The original image of the happy family above was a stock photo and it has now found its way into the hands of Qwest Communcation's art department. I just caught it in a rotating ad on Qwest's Residential user landing page:

Funny how some stock photos just seem to pop up over and over and over again. Have any examples of stock photos you've seen recycled in ads? Was your company negatively affected by the use of a recycled stock photo? Post your examples below, thanks!

Filmy goodness

2009-09-24T09:47:00.002-06:00

We took a vacation to Southern Utah (Moab, Dead Horse, Arches) and I brought along my vintage Yashica Mat 124 and some rolls of Fuji Pro 160S.

I love that camera, love not only the images it creates but also the conversation it strikes when I'm carrying it.

Here are some of my favorite snaps from the trip:

It's also a nice choice for portraits (though I am in the market for some closeup filters and a lens hood, anyone selling?):

More photos with this camera:

Some recent Denver drive by shootings

2009-09-16T08:46:00.002-06:00

Taken in Denver, CO
Nikon D700
Nikkor 50mm f/1.8

More:

From the archives: Greater Buffalo Red Cross September 11th Remembrance Vigil

2009-09-11T19:56:00.000-06:00

"...Beginning Thursday, September 7th at 3:30 p.m., 3,000 flags will be placed on the front lawn of the American Red Cross, each flag representing a person who lost their life during the 9-11 attacks. These flags will remain on display through September 13th."

1969 Yashica Mat 124
Kodak Portra 400 NC

Delaware Ave at Summer
Buffalo, NY

PIA

2009-09-11T17:08:00.001-06:00

A drive-by with a bonus PIA (photographer in action)

Colfax Ave
Denver, CO

Nikon D700
Nikkor 50mm f/1.8

[Part of my "Drive-By Shootings" street photography series]

Our dog is one strange beast.

2009-09-11T13:39:00.001-06:00

Our dog is one strange beast., originally uploaded by calanan.

Colorado Blvd
Denver, CO

Nikon D700
Tokina 12-24mm f/4

"Enough is enough, camera-boy."

2009-08-31T08:22:00.002-06:00

Nikon D50
Sigma 30mm f/1.4D DC HSM EX

Buffalo, NY
November 27, 2006

We're going to miss these two...

2009-08-25T15:07:00.001-06:00

We just found out that our close friends here in Denver are relocating to Germany. Bittersweet times indeed. We're going to miss 'em!

Elitch Gardens
Denver, CO

Nikon D700
Nikkor 50mm f/1.8

13,294'

2009-08-18T13:37:00.002-06:00

Our friend Mike led us on a hike to a nearby mountain, James Peak near Alice, CO, which has now become the highest summit we've ever reached at 13,294 ft.

Info:

Round-Trip Length: 7 miles
Start - End Elevation: 10,385 – 13,294’
Elevation Change: +2,969’

Here's a full description from SummitPort.org

It was a tough hike for us, despite living at a mile high we're still not used to altitudes over 11,000' but with frequent stops we were able to slowly ascent to the summit. Once there we were rewarded with sweeping views of the Rockies and could see far east back down to the plains (though not quite as a far as Niagara Falls!) and far north into the Rocky Mountain National Park. It was a fantastic experience and we're looking forward to hiking one the of famous "14ers" (summits over 14,000) soon.

Full slideshow from the hike:

Camdan

2009-08-10T17:24:00.003-06:00

Some more photos of one my favorite subjects, Cam, taken when we first moved to Denver.

Nikon D700
Nikkor 50mm f/1.8
Tokina 12-24mm f/4

Exploring Boulder

2009-07-27T22:15:00.001-06:00

Over the weekend some Denver friends led us on a spectacular alpine hike just outside of Boulder, CO.

Info: Diamond Lake (Fourth of July Trail)
Indian Peaks & James Peak Wilderness
Nederland, Colorado

Round-Trip Length: 5.3 miles
Start - End Elevation: 10,172 – 10,940’ (10,957' max elevation)
Elevation Change: +768’ net elevation gain (+1,222’ total roundtrip elevation gain)

"This renowned alpine lake hike is celebrated for its magnificent wildflowers, dramatic waterfalls, excellent fishing, backcountry camping and attractive mountain scenery throughout..."

Southern Exposure

2009-07-23T22:33:00.002-06:00

Magnolia Plantation
Charleston, SC

Nikon D700
Sigma 30mm f/1.4

A triptych from a wedding I shot earlier this year in South Carolina.

Though I don't necessarily hate the vignetting, I wish Sigma (or Nikon or whoever) would produce a similar lens to the 30mm f/1.4 that covers a full 35mm frame. I otherwise absolutely adore the image qualities of that lens!

"I don't like cricket..."

2009-07-22T19:39:00.002-06:00

Colfax Ave
Denver, CO

Nikon D700
Nikkor 50mm f/1.8

[Part of my "Drive-By Shootings" street photography series]

10CC – Dreadlock Holiday ♫ http://blip.fm/~ag00h

Our 1st Colorado Rockies game

2009-07-21T10:36:00.005-06:00

Our real estate agent, Gail Wheeler held her yearly client appreciation party at last night's Colorado Rockies (v. Arizona D-Backs, 10-6) baseball game. We had a great time seated at 5290' (just above the purple row) cheering on the team and meeting new friends. Some snaps from the evening and a slideshow at the end.

Coors Field, Denver, CO
Nikon D700 | Tokina 12-24mm f/4 | Sigma 30mm f/1.4

My latest drive-by shooting and 1st since moving to Denver

2009-07-13T10:25:00.002-06:00

. ., originally uploaded by calanan.

8th Ave
Denver, CO

Nikon D700
Nikkor 50mm f/1.8

[Part of my "Drive-By Shootings" street photography series]

Welcoming party

2009-07-07T08:51:00.001-06:00

Cam at WaterCourse, originally uploaded by calanan.

Nikon D700
Nikkor 50mm f/1.8

Long story short: We're now living in Denver, CO and some dear, old friends and their adorable toddler happened to be in town just as we took possession of our new home. We had a fantastic time with them, showing them nearby Denver City Park and taking them to WaterCourse Foods for breakfast (Camdan, above and below).

Quinn and Brandon

2009-06-24T00:13:00.001-06:00

Quinn and Brandon, originally uploaded by calanan.

Salt Lake City, UT

Nikon D700
Nikkor 85mm f/1.8

Oh, hi there.

This is from my final photo shoot here in Salt Lake City - haven't you heard? We're moving to Denver!

On the rekindling of my love affair with the Nikkor 35mm f/2

2009-05-21T13:22:00.004-06:00

I bought my Nikkor 35mm f/2 back in my Nikon D50 (a "DX" or crop-sensored DSLR) days and even when I upgraded to the Nikon D200 (also a DX sensor) I just never liked the quality of the images it produced. I can't explain exactly what it was, it just didn't do anything for me. I later bought a DX-sensored Sigma 30mm f/1.4, which is just the bees knees...focuses fast, is sharp and is a great all-around "normal" focal length on those APS-C sensored DX cameras.

Ever since upgrading to a Nikon D700, which is an "FX" or full-frame (35mm) sensored DSLR, the Nikor 35mm f/2 has been a star player! Again, I can't put my finger on what it is about the quality of this lens but, much like the Sigma sang on a DX camera, the 35mm f/2 is singing loud and pretty-like on an FX camera.

Plus McKenna makes it ever so easy to love this lens.

What's your favorite lens?

How I Lit It: vSpring Capital's Dr. Dinesh Patel

2009-05-19T11:44:00.003-06:00

Dr. Dinesh Patel
Managing Director, vSpring Capital
Winner of the 2009 Utah Genius Award

Salt Lake City, UT
Nikon D700
Nikkor 35mm f/2

This is an outtake from an assignment for Utah CEO Magazine but I thought it would make for a good example for my "How I Lit It" series.

These executive portraits are normally short on time as the executives have understandably busy schedules. The last few executives I've photographed had only about 15-20 minutes available for shooting and I've learned both from experience and from pros like David X. Tejada that arriving early (up to an hour if possible) to scout, set up lights and test is highly beneficial. In this case I had about 30-34 mins to find two locations and test lighting them using a mix of available light and my three Nikon Speedlights.

In the above outtake I used a stand-mounted Nikon SB-800 as my key light, which was immediately camera right, shooting through a 43" white shoot-through umbrella and was gelled 1/2 CTO to warm it up a touch to match the ambient color temperature (a mix of diffuse daylight and artificial lights). For a hairlight/rimlight I used a stand-mounted Nikon SB-600 that was positioned camera left and behind Dr. Patel, shooting through a homemade 2" gridded snoot and also gelled 1/2 CTO. Both Speedlights were fired via the Nikon D700's popup flash using Nikon CLS (Creative Lighting System).

Here's a diagram of the lighting setup:

Speedlights are perfect for situations like these. They're light, require no cabling for power or triggering and are quick to setup/takedown - all positives when shooting on-the-go. With Nikon's CLS controlling them it's easy to either dial in manual power adjustments via the camera or just use TTL (through-the-lens) metering to let the camera control all exposures.