Hublot/Yahoo/third party: not what any of us expected…

Here is the original situation and the resolution.

I just had a conversation with Mr. Gimbel to a) clarify exactly what happened; b) figure out how we can better protect creatives’ rights, and c) offer any assistance with b). I do intend to let this issue rest but had to clarify exactly what happened for avoidance of any speculation that might be damaging to any party involved.

Pay attention again to the fourth paragraph: “We intend to speak to Hublot SA regarding its practices, especially as it relates to its vendor, with the aim to prevent any further false notices.”
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It turns out that there was no fraud at all; truth can be stranger than fiction.

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Resolution: Hublot/ Yahoo/ Flickr rights, implications for photographers

Here is the original situation. And here is the final development. Please note that comments in the original article are now closed.

Credit to Hublot for taking action quickly, and local agents The Hour Glass (and my contact point) for lending their full assistance to resolve things. They posted this last night on my pages and theirs:

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This morning, I think we have a resolution:

  1. Hublot confirming that they did not take any action or institute copyright claims against me. This was confirmed in writing by the CEO and communications departments
  2. Yahoo’s counsel saying that my images have been reinstated, issuing an apology, and intent to follow up with Hublot.
  3. The images are back online, and the original post on Fratellowatches now works again.

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(RESOLVED, 28/10) Yahoo: seek proof! Hublot: you cannot claim rights for images that are not yours

28/10: Further updates – resolution, and what actually happened behind the scenes

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Today was not a good morning. I woke up to the above email from Yahoo/Flickr stating that Hublot SA – a watch company – was claiming the rights to MY images – which were shot by me at an event for coverage for an online watch site in 2012. There was no contract with Hublot or its representatives, nor any embargoes.

Three things are wrong here:
1. Ethically, claiming rights for images that are not yours. That is outright theft.
2. Hoping that the photographer does not contest it because he does not have as deep pockets for lawyers as you do.
3. That Yahoo places the onus of proof on the copyright owner, not the claimant. I commend their speed of action (good for legitimate cases), but acting with only half of the information makes you just as guilty.

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Photoessay: Some Hublots (and, how to shoot watches on location with available light…)

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I was recently at a Hublot event – both covering the new Basel 2012 watches for fratellowatches.com as well as meeting the CEO and marketing people (it never hurts to network in this industry). I didn’t want to bring the lighting equipment, and the photos were for a blog – not commercial use – so I figured that I could get away with a lightweight rig. I used the Olympus OM-D and Panasonic Leica 45/2.8 Macro, and available light. Most of the images were shot at ISO 1600 or above; even at larger sizes, they hold up pretty well. Needless to say, for web use, they’re fine.

But I digress – all I had was whatever lights were set into the roof of the showroom, and a dark watch display tray for use as a background. By tilting the tray and camera to look for the right lighting angles – sometimes to avoid reflections, sometimes to enhance them – I managed to produce a set I was pretty happy with, but yet manages to have a very different feel to what I normally produce in the studio. (They also have zero dust retouching, which you fortunately can’t see at this size – cleaning cloths are your friend!) Enjoy! MT

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