BajaNomad - Look what Ferna found... MY photo on a MEXICAN magazine COVER! (COOL!)

Look what Ferna found... MY photo on a MEXICAN magazine COVER! (COOL!)

David K - 11-22-2011 at 06:28 PM

That's Baja Angel and daughter Kristi at La Lobera last July, and I took the photo!

Only issue is they never asked me about using it, so I asked Ferna if there is any credit for the cover photo in the magazine... I would say yes, but it is only right to ask... :light:

-------------------------------------------------------------------------------------

My photo (as shown here in Baja Nomad trip report, and my blog page):

Others at La Lobera:

[Edited on 11-25-2011 by David K]

Where's La Lobera, you ask?

David K - 11-22-2011 at 06:39 PM

LA LOBERA (Sea Lion Crater)

Actually a huge sea cave with a sky light! The unmarked good road leaves Hwy. 1 at Km. 47.5
(6 miles north of El Rosario's Pemex station), and goes 3 miles to the parking area next to the rope-fence surrounded 'crater'.

More La Lobera photos from our first visit in 2005: http://vivabaja.com/505/page4.html

mcfez - 11-22-2011 at 09:02 PM

David...

the magazine cover is sooooooooooooo amateurishly done. Painted in sky and clouds....faded buildings in the background (Photoshop = easy fix)......seals with a aurora of paste in.....so on...so on.

You might just have been lucky NOT to get credit :yes:

Bob H - 11-22-2011 at 09:17 PM

Wait, is that ME standing next to you? :lol:

Riom - 11-23-2011 at 12:12 AM

Here's the Facebook page for that magazine, if you want to contact them about their apparent theft of your copyright:
http://es-es.facebook.com/pages/Revista-Baja-California-y-ma...

As you say, it's only right they ask first before using somebody else's photo. But this is a common problem now with photos posted online, they get used for all sorts of advertising without payment or credit. And if there are complaints later when the use is spotted, it's just more publicity.

Rob

mtgoat666 - 11-23-2011 at 07:20 AM

doesn't mexico have copyright laws?

sue them!!

CortezBlue - 11-23-2011 at 07:31 AM

Which one is you?

mtgoat666 - 11-23-2011 at 07:35 AM

Quote:

Originally posted by Riom
Here's the Facebook page for that magazine, if you want to contact them about their apparent theft of your copyright:
http://es-es.facebook.com/pages/Revista-Baja-California-y-ma...

As you say, it's only right they ask first before using somebody else's photo. But this is a common problem now with photos posted online, they get used for all sorts of advertising without payment or credit. And if there are complaints later when the use is spotted, it's just more publicity.

Rob

reputable, established businesses adhere to copyright law. kids and unsavvy biz people and the chinese ignore inellectual property law.

Roberto - 11-23-2011 at 08:29 AM

David, I will agree that you should have been asked. 100%. But haven't you done the same before with photos and maps?

capt. mike - 11-23-2011 at 08:35 AM

if you want protection use watermarks.
internet is wide open.
new times, new rules, often no rules.

David K - 11-23-2011 at 09:21 AM

I am happy that my photo has been used and if it helps Baja tourism, great.

What I am saying is that it would have been professional for them to at least contact me and ask as well as post a credit to who took the photo or where it came from. It sure isn't a photo I would have thought of as being worthy of a magazine cover, as I have some many better ones and not on overcast days.

When I post other people's maps, I give the source. I rarely use other people's photos for my posts, as I have plenty of my own... but they are photos already given to me to host on my site or publicly available pictures off the Internet.

The major difference between my posting maps and photos and a magazine doing it, is my web site and my posts on Nomad are NOT for PROFIT or INCOME... Just for education. The magazine is using my photo on the cover to help sell the magazine... so it has value. A credit would have been nice, that's all.

Kristi is thrilled to be a 'Cover Girl' along with Baja Angel...

David K - 11-23-2011 at 09:36 AM

I just posted onto their Facebook page...

sancho - 11-23-2011 at 11:54 AM

DK, In ALL sincerity, I'm not surprized where you pop up, saw you on a Toyota Tacoma web site, etc. Heck I wouldn't
doubt Ray Cannon mentioned you, or Steinbeck,
your Baja log goes back furhter than just about anyone

David K - 11-23-2011 at 12:11 PM

Quote:

Originally posted by sancho
DK, In ALL sincerity, I'm not surprized where you pop up, saw you on a Toyota Tacoma web site, etc. Heck I wouldn't
doubt Ray Cannon mentioned you, or Steinbeck,
your Baja log goes back furhter than just about anyone

Thank you!

I actually met Ray Cannon and got his autograph on my copy of The Sea of Cortez... I was 9 or 10 years old... my dad and I went to the boat show where Ray was promoting his beautiful book (in 1967). I have met many Baja authors over the years... great people who choose to share their wealth of knowledge and memories for the rest of us to enjoy.

I have been mentioned in some Baja books... 'Baja Legends', 'Marooned with very little Beer', 'Saints and Demons in a Desert Wilderness', and even a chapter about me and a cartoon of me in 'Bouncing Around Baja'! :cool:

Publicaly available?

John M - 11-23-2011 at 12:32 PM

David, you mentioned "publicly available pictures off the Internet." -

This does not mean anyone can use them, legally. Many times photos that can be downloaded actually belong to someone in spite of the fact they are "on the Internet." - I've paid a lot of money for permission to use photos for publication - publication by a "not-for-profit" historical organization - all in the hope of promoting historical interest; and not to benefit me financially.

The writer/researcher has the responsibility (or maybe should have the integrity) to search out the rightful owner and to obtain permission to use the image and to provide proper credit. Not only that, but oftentimes the image is degraded for posting on the Internet and you can obtain a much better photo from the owner of the image.

That publication certainly did you a dis-service.

John M

David K - 11-23-2011 at 12:39 PM

Baja has giving me a life of great memories and adventure... I can consider that using my photo (without paying or asking) as a way of giving something back to Baja... and not let it irritate me... which will do little good, right?

Anyway, see my posts on the magazine's Facebook page... I think I was nice, but made it clear what they did wasn't professional along with providing the source of the lifted photo. :yes:

rts551 - 11-23-2011 at 06:05 PM

It is at least a courtesy to cite someone elses work... which many do not do. including you David.

David K - 11-23-2011 at 06:06 PM

Please show me so I can make it good.

Iflyfish - 11-23-2011 at 06:12 PM

I like your photo, the cover not so much, cheezy photoshoping, but great photo. There is so much magic in Mexico and I appreciate your sharing yours with us. I hope they acknowledge your work. I also appreciate your open handed attitude of giving back.

Iflyfish

David K - 11-23-2011 at 06:24 PM

Quote:

Originally posted by Iflyfish
I like your photo, the cover not so much, cheezy photoshoping, but great photo. There is so much magic in Mexico and I appreciate your sharing yours with us. I hope they acknowledge your work. I also appreciate your open handed attitude of giving back.

Iflyfish

Thank you... appreciate the thought.

BajaBlanca - 11-23-2011 at 07:38 PM

maybe check the magazine to make sure you were not cited inside it somewhere ???

Ateo - 11-23-2011 at 07:42 PM

Yeah, I know some surf photographers who would be peeed if someone stole their photograph. Most of them put "copyright blah blah blah" embedded in the picture just so people can't steal them. Just my $.02.

Having said that, what average person is gone add that to every picture?

David K - 11-24-2011 at 08:56 AM

Quote:

Originally posted by ateo
Yeah, I know some surf photographers who would be peeed if someone stole their photograph. Most of them put "copyright blah blah blah" embedded in the picture just so people can't steal them. Just my $.02.

Having said that, what average person is gone add that to every picture?

I am not mad... I am honored they thought it was front cover material (I sure didn't think so)! However, it would have been nice if they either asked me or credited me.

Blanca, no credit inside according to Ferna. That photo was not posted on Nomad, it was only in my Baja Blog... so no mystery as to how they got it or who it belonged to.

Roberto - 11-24-2011 at 07:26 PM

Quote:

The major difference between my posting maps and photos and a magazine doing it, is my web site and my posts on Nomad are NOT for PROFIT or INCOME... Just for education. The magazine is using my photo on the cover to help sell the magazine... so it has value. A credit would have been nice, that's all.

David, what you don't seem to get is that, regardless of profit or anything else, if I take a picture, or publish a map, you are not the one that gets to make the call of who can publish it. It's MY WORK, not yours, and that's exactly what "copyright" means.

Try, for once, to be objective. Why would I have the right to decide which works, created by someone else, require permission and which do not. It just doesn't make any sense. I don't want to get into an argument or a spitting contest, I just hope you will see that your stance on this is totally one-sided and unfair to others who create works, regardless of your motivations in posting them on a website.

DENNIS - 11-24-2011 at 07:44 PM

A signed release is necessary if the work is used commercially. Unfortunatly, it would cost millions to pursue that in Mexico.
Haven't you heard US Pop tunes re-recorded in Mexico on the radio down here? Lots of them. Just today, I heard some Ranchera singer with a clamp on his nose singing Downtown...the hit by Petula Clark in the 70's. This place is a bigger artist rip-off than China.

rts551 - 11-25-2011 at 11:28 AM

David how about you recent articles on that gringo magazine. you used other peoples research without ever citing their work.

Bajatripper - 11-25-2011 at 08:34 PM

David
Congratulations on the selection of your photo for that magazine cover, and totally agree that they should give credit where credit is due.

McFez--I like a lot of your posts, but I think the one above--which is uncalled for--does you a disservice. You let David bring out the worse in you. Too bad, since you take the hit. I don't know you yet but can say I look forward to meeting you some day.

I can also say that I can't help but think a little less of you when you post things like that when they are unprovoked (or did David edit something out that I missed?).

Bajatripper - 11-25-2011 at 08:42 PM

Quote:

Originally posted by Roberto

Quote:

...are NOT for PROFIT or INCOME... Just for education. The magazine is using my photo on the cover to help sell the magazine... so it has value

While I can't say what the law says specifically, I do know that while attending three different US universities, as students we could make all the copies of books and articles we wanted to "for educational use only." University libraries usually have the most number of copy machines on campus for a reason.

fdt - 11-25-2011 at 09:42 PM

A lady came to me at the hotels trying to sell me advertising. I now recognized the photo.
I let David know about it.
Oh..... now it hit BajaNomad forum and the controversy and DK bashing begins.
As DK wrote, he is not upset, credit should have been given and was not.
I spoke to the woman and she told me that her picture editor had told her she had written permision from the author to use the picture, I asked her if she ever saw the pemision and she said no, she trusted her person.
How they found the picture to use on the magazine says a lot because they most probably used a search engine and that directed them to DK.
How many here can search for a specific Baja California subjet or theme and get their site come up as in this, was probably the case and David K's pic came up.

Roberto - 11-27-2011 at 04:16 PM

Fernando! What rock did you crawl out from under?

DENNIS - 11-27-2011 at 04:23 PM

Quote:

Originally posted by Roberto
Fernando! What rock did you crawl out from under?

Heyyyy....no way, Roberto. I know Ferna and this isn't him:

http://www.youtube.com/watch?v=rCFMDLakxaY

Roberto - 11-27-2011 at 05:23 PM

Well, DENNIS. Nice to see you have a sense of humor, at least some of the time.

David K - 4-3-2012 at 02:25 PM

I never noticed this on my Facebook message in-box, but I got a reply concerning the use of my photo by that magazine... and it seems to be a point of shame that they used it and never asked me first (again, I would have said they could)...

Hola sr. buenas noches mi nombre es mirna ortega y me llamo la atencion su comentario sobre la revista bc y mas, se que las fotos publicadas son de su autoria, una disculpa de antemano, a mi me invitaron a participar en este proyecto lo cual dije que si al principio pero despues ya no me involucre mas y fue presisamente por que no tenia la certeza que todo lo publicado fuera realmente de la revista., de verdad me da muchisima pena con este problema de las fotos, dejeme felicitarlo que son muy buenas fotos por cierto... Me despido y dejeme contarle que la revista no salio a la venta ni publicada fue cancelado este proyecto.

vgabndo - 4-3-2012 at 07:24 PM

So it looks like the magazine cover was a mock-up to use to sell advertising, and the whole thing never flew. That would be a very rare book cover if it exists. :lol: