I am not sure what all can be said regarding this problem and it's a serious one especially for those who sell their photographs.

Recently I purchased an iPad and as I was searching for apps I found three that interested me. One was spiders, insects and dragonfly and they wer $2.99 each. I was shocked as the screen rolled by as I saw several of my friends work, friends who I knew had their work copyrighted as do I. I started contacting photographers and nobody had given anyone permission to not only use but use commercially and for profit their work.

I started researching who was behind the apps and how many apps they had. The company is owned by.a Zumba Instructor based in Salt Lake City Utah and has developed over 180 apps all of which use Flickr images. There are apps for every type of category available including images from Etsy shop owners. There are apps showing images of steam punk, shoes, purses, babies (people's personal photos and professional photos of their children!!), puppies, insects, still art, etc.

I contacted both Apple and Android and was basically told to go buy more of these apps so I can see if my work is in there and come back when I have purchased something that includes my work. Even though they know that many of the apps have pictures of images that have the watermark copyright notices on them, they refuse to look. Even though the developer has tripped the amount of profit for a criminal investigation and charge Apple and Android refuses to open and look at any of the apps. According to Apple's developer monitoring anyone who uses images in their apps they are supposed to show copyright releases for each and every photographer and each app is supposed to be screened for any sort of violation but none of these were! Unless Apple losses money and is harmed they will not review any reports of copyright infringement unless the owner themselves approach them with proof of stolen work.

What I suggested on what site was for people to work together and buy the apps, document who bought what to keep the apps from being purchased over and over again (creating more profits for Apple or Android and the developer. Then we can document the photographers whose work is being violating and contact those photographers so they can take their claims to the appropriate departments.

I have also started up a website to bring attention to this problem but I dont want to risk this being shut down for any tos violation. For those whose images licensed them under Creative Common, the developer is violating those terms as well. When the program opens on iPad or Android the images show with no credit, if the buyer either knows how to turn them on or cares to the buyer will never know who you are. The buyer can also download your images, print them or use them for wallpaper. Not to mention the developer copyrighted the stolen images as if he owned them, which is not allowed.

So far people seem to be split down the middle on opinion. Some are outraged like I am and other think this is an honor and is wonderful exposure even though their name doesn't appear in credits until the buyer turns it on.

I do not wish this thread to turn into a bashing fighting thread where you support the rights of someone to profit off of images they didn't have permission to use or if you feel like I do. I post this because many photographers like myself sell our work here and many of us could be in any one of the 180 apps (with more being added daily). With family, personal and product photography also showing up in these apps it could affect other Etsy sellers too who happen to host their lovely images on Flickr. So I post this to let people who don't know this has happened nd has been going on now for almost a year now. According to one site, the number of downloads documented just on Apple alone the total sale is over 4,500.00.

If anyone wants to contact me please feel free to send me a convo and if you want more information I will be happy to send it to you. Again please, regardless of your view please, please, please do not get this thread locked and buried. Doing so hurts so many of us and allows the developer use our fighting for his profit.

Take care,
Racquel

Posted at 12:40 am Apr 10, 2011 EDT