Defimedia needs a lesson on ethics to stop stealing picture!

Hi people!

A couple of days ago, a colleague sent us a link to an article entitled “Un chauffeur de TBS qui ne cesse de cracher par la fenêtre”. While everyone else was laughing at the article, my attention was immediately caught by the picture used by Defimedia on this same article.

Wait… That picture of the bus – it says something to me!

I TOOK THAT PICTURE!

Yes! To be sure, I googled “TBS yashvin” (That’s the advantage of being wonderfully indexed by search engines) and I got the link to my article, written back in 2008, with the same image:

Oh god, I have such a good memory!

I agree that I did not put my watermark on my images at that time but that does not mean that you can use whatever pictures you get on the web and get them published anywhere, especially on an official web site of a newspaper group. On top of that, you don’t even acknowledge/credit the source of the original image.

Defimedia, it’s time that you start practicing good practice. Stop stealing pictures to start with. And shoot better composed shots. The one below featured in one of their articles. I let you guess what the dog was doing at the shooting time:

A previous incident involving radioplus

At one point of time, an employee of RadioPlus (member of defimedia) even downloaded one of my youtube videos and uploaded it again on RadioPlus’ Official web site. After making some noise, he removed the video and asked for forgiveness.

So, that’s confirmed that ethics and defimedia group do not go along very well.

Ethics

Coming back to this article, ethics mean a lot in this world. And as a media group, I “assume” that there are journalists, news editors and people reviewing articles before the official publication. It is a shame that a blogger, without any training or professional support has to point out such ethical issues to a media group. Now just imagine, how many pictures published by the group have been used without the authorization of the concerned people!

I would like to have some legal advice on this matter, anyone? And what if they published it on a newspaper instead on just their site? (Note: It is without doubt that they might pull down the picture after knowing the facts).

To the person who did this, you suck! You should be fired!
.

Update#1:

The following mail was sent on the 24th November 2012 after publishing my article. The recipients are the

  • Director -Ehshan Kodarbux(ehshank@defimedia.info),
  • Editor – Manouraj Gungea (d.gungea@defimedia.info),
  • Publications Coordinating Editor – Teddy Pierre (t.pierre@defimedia.info),
  • Webmaster – webmaster@defimedia.info
Hello.

It has been with utmost disgust that I have found out that your journalist has used one of my pictures from my personal blog without (1) asking for my permission and (2) even quoting the source of the image, which I have personally shot. This is a serious breach of copyright acts and above all, a lack of professional ethics showed by defimedia through this incident.
As a blogger who uploaded his own pics on his personal space, I have in no instance given to anyone the permission to use my content without my permission. I would invite you to read the article on the same blog where this picture has been ‘stolen’.
I would request having a personal meeting with the management to discuss upon this problem and I just hope that this mail won’t be ignored. Thank you for taking the appropriate actions on your behalf.
A reader of defimedia and above all, a person who cares about his intellectual property,
Yashvin

On 26th November 2012, I noticed that the pictures were changed, without any official response from defimedia following my complaint (above). I then mailed back the same persons with the following text:

Dear people.

2 days later. 
Not even a mail of apology, even after the picture was changed following my complaint.
This clearly demonstrates the level of professionalism, even from Management for handling such cases.
Does Explik Ou Cas work the same way? Anyway, I’m not expecting any answer, not anymore.
Good day.

.

Update#2

First mail received on 27th November 2012

M. Yashvin
Bonjour,
J’ai pris note de votre complainte au sujet de l’utilisation d’une photo, laquelle a ete publiee sur notre site. J’en ai personnellement parle au Webmaster.
Deuxiemement, je vous presente mes plus plates excuses pour avoir pris du temps pour vous repondre. En fait, j’ai voulu au prealabre obtenir des explications avec le Webmaster avant de vous repondre.
Soyez rasure que nous traitons ce cas avec tout le serieux voulu. Je suis a votre disposition pour regler ce probleme dans les plus brefs delais. Je suis joignable au numero de telephone suivant: xxx xxx. N’hesitez pas a m’appeler au cas ou vous voudriez des eclaircissements.
Je tiens a vous presenter mes plus sinceres excuses pour le desagrement occasionne.
Bien a vous,
Manouraj Gungea

My reply:

Bonjour.

Merci pour ce mail tant attendu.
J’aimerai bien que chacun prenne ses responsabilités au sérieux. Vous pouvez peut être me le confirmer: ce cas, non isolé, peut avoir des conséquences grave si je le veux. Chose que je vais pas faire parce que je comprends que l’utilisation des contenu sur le web est commun mais acceptable seulement si elle est faite d’une manière propre. 

En espérant qu’il n’y aura plus d’autres problèmes de ce genre,

Mes salutations,
yashvin awootar

And a last mail for the day:

Cher Yashvin,
Merci pour votre reponse. Je suis entierement d’accord que chacun doit assumer ses responsabilites.
En passant, je vous remercie pour votre comprehension. Je saisis cette occasion pour vous presenter une nouvelle fois nos plus sinceres excuses.

 

 

19 thoughts on “Defimedia needs a lesson on ethics to stop stealing picture!

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  1. Radio+ and Defimedia are same group and have same attitude..remember they used video without your permission??

    Disapponted.. I think this article should show up in defi media itself as for the cases of rape,passionate crime,etc.. 😀

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  2. Its not only for your case as you already mentioned. Let’s take the following article as example:

    http://www.defimedia.info/dimanche-hebdo/dh-reportage/item/21028-vivre-un-cyclone-intense.html

    The 2 photos have been taken from L’express newspaper archives and above that, no credits about the source mentioned in the article.

    The source of the first 2 photos used are from : Article l’express 01.03.2010 : Alix la terrible , page 38 & 39

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  3. man, they have indeed breached the copyright act..Gather all evidences possible, you can claim them for damages by suing them…

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  4. I did publish a comment on this post but I am not sure if you got it. Anyway, I will publish it again:

    Defimedia’s office is located at Grande Riviere, right? If yes, they could take a picture of a TBS bus which comes from Point aux Sables, as it passes in front of their office! No big deal!

    Defimedia is well-known for its censorship of comments, poor quality videos of its documentary series “Archives Criminelle”, and also of its poor quality contents.

    I have criticized them many times, personally I think they lack good web developers, bloggers and article writers.

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  5. its as simple as that… the writer googled ‘triolet bus service’ and got your photo among the result. obviously if the photo doesnot contain any watermark he/she will used it… just like anyone would do for any report/assignment/ article and so on
    try google it too yourself u’ll see…
    So next time u upload a photo make sure u have your watermark on it!!!

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    1. Unfortunately, that’s not how things work for professionals and also for academical needs especially for a properly written assignment where you quote references/sources etc.

      Just to reassure you, defi mailed me and said sorry. I will quote the mails later on.

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    2. Your statement makes no sense at all buddy! You mentioned the writer
      googled Triolet bus service, so what? Does it mean it is legal even
      this? Go and Google something right now on images, and see if Google
      does not remind you that “This image may be subject to copyright” on the
      right and then you tell me…

      Like

  6. Copyright Protection

    Another legal protection is copyright. This is the creator’s (or legal owner’s) rights in creative works like paintings, writings, photographs, drawings, advertising works, videotapes, CD, TV commercials etc. Unlike patent protection, copyright need not be registered in Mauritius but arises automatically once a work has been made, under the terms of the Copyright Act 1997. To avoid others copying your material it is essential to be able to show proof of ownership and proof of copying. Copyright exists in all works published or unpublished. It is advisable for an author that his/her work is signed, dated and witnessed as an aid to proof of ownership. The copyright symbol © accompanied by the name of the owner of the copyright and the year of its first publication, is an internationally recognized convention and is normally an essential aid to proof of ownership if one is taking an action in another country.

    The owner of a copyright can control how the work is exploited, including copying, adapting, public performance, broadcasting and public distribution. Often copyright material is used under license (e.g computer software) or permitted in specific circumstances (e.g private study and teaching).

    You infringe copyright when you copy any part of another person’s work without prior permission of the owner.

    More info on : http://www.gov.mu/portal/sites/smeportal/potential/property.htm

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