Gibson stole my photo

Hi Robert, and other commentators,
I just stumbled upon this issue for the first time (ironically, doing a Google search to try to find some of my other old work for Gibson) and want first and foremost to extend my apologies. This is the first time I was aware of the issue (that is, the unauthorized use of your photo), and want to say that it never should have happened without your expressed written permission. I have had plenty of my own work pirated, and it's not a great feeling. As far as these features for Gibson go, I merely submit the text and they complete the design, layout, and post them online. I rarely ever even check the final version - just too busy with other work - and certainly didn't in this instance either. As others have guessed, such things often come down to lazy page designers: so much is out there online, seemingly "free", that people often fail to respect others' intellectual property, and I truly regret that. I get the impression that Gibson has rectified the matter, although they certainly should have offered an apology to you directly. I'm not a Gibson employee as such, so I can't speak for the company, but do apologize for my own indirect role in this. Had it been brought to my attention when it first occurred I would have done so immediately, too (glad I stumbled on this today! I hate to think of any ill will afloat out there in cyber space). Best wishes, and here's to intellectual property rights!
Sincerely,
Dave Hunter

I doubt Gibson was aware of the theft of your intellectual property until you started making noise about it. Others have posted the reasons why.

Having obtained a degree in design I can assure you that, despite being lectured on at least the basics of copyright and intellectual property law, some lazy web designer will always turn to the Dark Side and take the easy way out. "Quicker, easier, more seductive," you know. It happened a number of times in my schooling. It always angered me, too.

As previously mentioned the solution is to somehow (there are many ways, some that do not mar your image) mark all your images, and anything else, you make publicly available. There are Fair Use considerations to contemplate but what happened to you goes way past Fair Use.

People called "photographers" are paid vast sums of money to create images. Rather than assemble their own image or hire a photographer the web designer took yours. The author of the article may not have done it. It just depends on how the page was made and by whom. You did everything right, once you discovered the copyright violation, short of taking legal action. But that is very expensive.

I hope it has been sorted out to your satisfaction. I went to the links above and did not see your image so they must have done something about it. Ethics... everyone seems to think that if it's digital no one "owns" it. Just the state of society we live in I suppose, as pathetic as it has gotten. Hopefully people learn respect again soon!

Good luck and thanks for all you do.

Obviously, Gibson knows the importance of photographs. Look at all the photos of Gibson guitars on their dealer's websites. (other than the big box dealers)

Several points... To all of those saying lighten up or let it go, this is a big deal. If you don't believe me, ask yourself this: how much time, effort and money do you think Gibson spends each year combatting knock-offs of their products? But here's the ultimate catch, Gibson will never apologize or explain their side of the story. If they did, they wouldn't be avoiding a legal hassle. They would be opening the door for one. Gibson did what there legal team/advisors told them. Remove the offending material and hope the complaintant doesn't file a suit. So, in a way, taking down the photo is their apology and you will just have to accept it as the best one you're going to get for free. At least they took action and showed some accountability. Also, take solice that your complaint led to a serious revision to Gibson's submission policy. You may not get credit for this either, but you probably prevented future artist from getting screwed down the road.

you are absolutely right, Gibson is a big company, and they are too lazy to get their onw pics it looks like and just pic one out from internet without considering any copyright laws or just don't give a shit?, go to a court of law and summon their ass, that is what I would do, after all we are not talking of some poor company here

This is why I mark all my photos with my website's name. I know they will get passed around in message boards and whatnot, but at least the photo will point them back to my site.

I bet you the writer got into some trouble. How can a company that big, that has gear laying around all over the place, do something like that. Amazing.

Tim
guitarreviewsblog.com

much ado about nothing!

Terry, that comment you are referring to never showed up. It was not rejected here.

Maybe I did not make my point clear enough - I am ALL FOR Gibson (or anyone else) using my photos or videos, etc, but I would like to be credited in return. Whether the photo is of a value village suitcase or a high-end custom job is completely irrelevant to the issue at hand.

Robert has put himself out on the web in a very large way. It is to the point where some of his images may be used elsewhere withour even his knowledge. I have some of my pedalboard images on some "show me your pedalboard" threads on various forums and if someone used my board as an example to illustrate an organized homemade pedalboard like Robert's it would not be an issue for me. Like I stated before "it is a Value Village suitcase filled with a few run of the mill pedals" (manufactured by other companies I might add). It is not some sort of highly classified intellectual property. If they where using Robert or his families images without his permission to sell Gibson product I could see the idignation.

The solution was listed in a previous comment in that Robert should put a translucent banner across the image with his website address. My feeling is that if he had done that they would have chosen another picture from the thousands of pedalboards archived on various sites.

I sent a comment on this last week but it was never posted... this is the first time I've not had a comment posted... it was responsible and supportive of Robert but no posting? I'm not surprised by Gibson's action both pre and post using Robert's photo. As Robert says it's no really big deal but Gibson should have done the decent thing nevertheless. I hope this gets posted to restore my faith that all responsible and relevant comments get posted.

Yep... And how do you know, that next time they wouldn't use Robert's soundtracks the same way? Or yours...?

Jeez get over it man. It is not classified nuclear secrets being exposed here it is a Value Village suitcase filled with a few run of the mill pedals. Oops maybe I should have gotten Value Village's permission to use their name on this website

They took down one, yet there is still another -

http://www.gibson.com/en-us/Lifestyle/ProductSpotlight/Tone-Tips/back-to-basics-603/

Well Robert, I would have exactly the same response. No big deal, but I'd like the acknowledgement.

John D.

I've also been a victim of plagerism. Since then, one of my favourite sayings is: "Plagerism is another form of flattery" However, I still think it's wrong

Robert, I believe you are in the right on this, although the "damage" isn't a big deal. What I like is that you are so easily satisfied, even retroactively, by a simple "nod" as to who is the photo's owner and creator.

But the world is strange today. Neither Gibson, nor any other corporation is helmed by anyone who has control over their PR dept. Someone is always paid to intercept, placate, and defend, in the "financial" interests of the corporation, and simple common sense is only a tool or a weapon to be used when its demands coincide with the goals of the PR dept.

True, your issue is a small one. I just think it's very important because it shows everyone what has happened in the world: common sense and neighborly courtesy has lost to the GOD of limited liability. My two cents here? We ALL (US, Canada, the world) need to deify common sense again, and vilify the reproaches of phony civility that hide behind corporate bureaucracy.

Maybe I'm just an idealist.



So be it.

Write a song "Gibson steals photos" and post it on YouTube as Sons of Maxwell did with the song "United breaks guitars".

I really don't like the fact that the commercial site is exploiting you. If it were just a private blog site, I probably wouldn't make as much effort to nail them. But this is one of the most recognized guitar company. You should go after them!

Hey Robert - one way to combat this is by placing a translucent banner across the picture, i.e. "http://www.dolphinstreet.com"
PS - I also e-mailed gibson. Their inbox must be stuffed by now! :)

Try editor@gibson.com and customer.service1@gibson.com

Gibson is 100% wrong - regardless if they broke the law or not. This is not the way to win over customers! In the end, its the court of public opinion that counts. I agree with earlier comments - bombard them with requests to properly credit the source of the photo. In fact, you should 1) post some info with an email addresses for Gibson and author, so that we, your supporters , can help you make this point 2) We, and others should reference this "Gibson stole my photo" on as many of your pages as possible! Keep up your amazing video lessons - you are doing an outstanding service for the guitar community - if only Gibson did.

I emailed them about it too. I think most people on the internet have your back. Bombarding them with mail might help them read at least one of the complaints!

Here's my take, I have a paralegal background but am no expert by any means.
I note that the website does have pages where gibson products are being sold, however the lifestyle pages appear to be for informational purposes rather than financial gain. So I think it might be a case of 'reasonable usage' in spite of Robert's copyright. I also note that in part one, all of the pics are similarly not credited, including the one of Jimi.

I think it stinks that a 'world class' company like gibson is so unprofessional and dismissive. I certianly understand Robert's frustration.

Still love my SG though. :)

Good idea to tweet Gibson and ask them what's up.

I have to believe that once this gets some traction SOMEONE at Gibson will have some ethics and respond... or maybe I'm just terribly naive!

I can understand this happening with a private site where folks aren't always familiar with copyright law. But Gibson should know better. I think maybe you'll need to write a song about this to get Gibson's attention, like the guy did for "United Breaks Guitars."

Maybe then they'll send you some free gear.
;-)
--Zack
www.guitarvibe.com

This is really bad, and I'd not let it go. I would attempt another contact to Gibson via phone to corporate and have a chat with a VP and see what happens. There are many other options if they blow you off.

I emailed all the contacts I could find on the Gibson site asking them for their policies in a matter like this.

Go after their twitter account - @gibsonlifestyle

At the very least, source where the photo came from or mention the website in the article.