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| Version 2 | Version 3 |
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| 'They used my picture and I should've got paid for it' | 'They used my picture and I should've got paid for it' |
| (about 3 hours later) | |
| Sean Heavey recognised his photo the moment he saw it on Stranger Things. | Sean Heavey recognised his photo the moment he saw it on Stranger Things. |
| “God, that storm looks familiar,” he said, as he and his son watched the hit Netflix show. | “God, that storm looks familiar,” he said, as he and his son watched the hit Netflix show. |
| When he watched a documentary about the making of the series, he became certain. | When he watched a documentary about the making of the series, he became certain. |
| “They saved it off of Google, added a foreground to it and used it as a piece of concept art,” Mr Heavey says. | “They saved it off of Google, added a foreground to it and used it as a piece of concept art,” Mr Heavey says. |
| No-one else had photographed this supercell thunderstorm; no other cars drove down the road that day, to chase it across the Montana prairie. | No-one else had photographed this supercell thunderstorm; no other cars drove down the road that day, to chase it across the Montana prairie. |
| He called the four panoramic shots he had stitched together The Mothership. | He called the four panoramic shots he had stitched together The Mothership. |
| “I should have got credit and paid for it,” says Mr Heavey. | “I should have got credit and paid for it,” says Mr Heavey. |
| He tried to contact Netflix, but the company told him, “You can't copyright Mother Nature.” His case stalled. | He tried to contact Netflix, but the company told him, “You can't copyright Mother Nature.” His case stalled. |
| Chasing storms is no hobby for Mr Heavey. | Chasing storms is no hobby for Mr Heavey. |
| Getting that perfect shot costs him thousands of dollars in petrol every year. He braves “golf ball-sized hail”, winds raging over 100mph and rescues stranded people. | Getting that perfect shot costs him thousands of dollars in petrol every year. He braves “golf ball-sized hail”, winds raging over 100mph and rescues stranded people. |
| He complained on social media and his remarks were read by executives at Pixsy, a firm that helps photographers fight copyright infringement. They contacted Mr Heavey and, eager for the help, he agreed to work with them. | He complained on social media and his remarks were read by executives at Pixsy, a firm that helps photographers fight copyright infringement. They contacted Mr Heavey and, eager for the help, he agreed to work with them. |
| Pixsy appointed Mr Heavey a lawyer, David Deal, and together they found six more occasions where Netflix used The Mothership. Netflix settled the lawsuit in December 2018, according to records seen by the BBC. | Pixsy appointed Mr Heavey a lawyer, David Deal, and together they found six more occasions where Netflix used The Mothership. Netflix settled the lawsuit in December 2018, according to records seen by the BBC. |
| The company did not respond to a request for comment. | The company did not respond to a request for comment. |
| In the UK, if convicted in a magistrates' court of copyright infringement you could face six months in jail or a fine of up to £50,000. Conviction in a Crown Court could carry a penalty of 10 years in jail and/or an unlimited fine. | In the UK, if convicted in a magistrates' court of copyright infringement you could face six months in jail or a fine of up to £50,000. Conviction in a Crown Court could carry a penalty of 10 years in jail and/or an unlimited fine. |
| In the United States, fines can reach $150,000 (£115,000) every time a picture is used the wrong way. | In the United States, fines can reach $150,000 (£115,000) every time a picture is used the wrong way. |
| When a case is successful, firms like Pixsy collect 50% of the settlement or award at court. | When a case is successful, firms like Pixsy collect 50% of the settlement or award at court. |
| “They all settle,” says Mr Deal, of copyright cases. | “They all settle,” says Mr Deal, of copyright cases. |
| He says this is because the law is clear cut. | He says this is because the law is clear cut. |
| More Technology of Business | More Technology of Business |
| Pixsy is one of a handful of companies that has developed image look-up technology to monitor and pursue copyright infringement on behalf of photographers. | Pixsy is one of a handful of companies that has developed image look-up technology to monitor and pursue copyright infringement on behalf of photographers. |
| Its service incorporates artificial intelligence that has been trained to match an artist's work with instances on the web. | Its service incorporates artificial intelligence that has been trained to match an artist's work with instances on the web. |
| It can also identify alterations including crops, re-colouring and layers added or removed. | It can also identify alterations including crops, re-colouring and layers added or removed. |
| The moment a picture is taken, as long as it was taken by a human being, it is protected by intellectual property laws. | The moment a picture is taken, as long as it was taken by a human being, it is protected by intellectual property laws. |
| More than 2.5 billion images are stolen daily, according to a 2019 study by Copytrack, a copyright search and enforcement firm. Many of these are found using a technology called reverse image look-up. | More than 2.5 billion images are stolen daily, according to a 2019 study by Copytrack, a copyright search and enforcement firm. Many of these are found using a technology called reverse image look-up. |
| This works like Bing or Google, but rather than using words to find related information, the search matches pictures. | This works like Bing or Google, but rather than using words to find related information, the search matches pictures. |
| Some of the free image search engines, like TinEye and Google, will also verify when and where a picture was taken and if it was altered. | Some of the free image search engines, like TinEye and Google, will also verify when and where a picture was taken and if it was altered. |
| Copyright infringement firms use this same technology but will also hire a lawyer and cover the costs of filing a lawsuit. | Copyright infringement firms use this same technology but will also hire a lawyer and cover the costs of filing a lawsuit. |
| Pixsy is close to filing its 100,000th case of copyright infringement in five years. It currently monitors close to 100 million images. | |
| “Keeping on top of all of this is impossible for any individual. For us, we see this as a very big problem for photo owners and photo creators,” says Kain Jones, the chief executive of Pixsy. | “Keeping on top of all of this is impossible for any individual. For us, we see this as a very big problem for photo owners and photo creators,” says Kain Jones, the chief executive of Pixsy. |
| He argues that licence fees are “bread and butter” to many photographers. | He argues that licence fees are “bread and butter” to many photographers. |
| “That's where we come in, where we're happy to be the bad guy,” Mr Jones says. | “That's where we come in, where we're happy to be the bad guy,” Mr Jones says. |
| However, Chip Stewart, a media law professor at Texas Christian University in the US, says that because so many of these cases settle out of court, the system is ripe for abuse. | However, Chip Stewart, a media law professor at Texas Christian University in the US, says that because so many of these cases settle out of court, the system is ripe for abuse. |
| Recently, a student of his used an image from a Creative Commons website for the school newspaper. Though she did not have to pay a licence fee, she did not follow the requirements listed under the photo, to credit the photographer or add a link to his website. | Recently, a student of his used an image from a Creative Commons website for the school newspaper. Though she did not have to pay a licence fee, she did not follow the requirements listed under the photo, to credit the photographer or add a link to his website. |
| Through Pixsy, the photographer found the student and issued her a letter asking for a $750 licence fee. | Through Pixsy, the photographer found the student and issued her a letter asking for a $750 licence fee. |
| “The 20-year-old student was pretty terrified getting a demand letter and she said, 'I thought we did everything right.' And I said, 'I can tell you right now that you didn't, but it's an easy mistake to make.'" | “The 20-year-old student was pretty terrified getting a demand letter and she said, 'I thought we did everything right.' And I said, 'I can tell you right now that you didn't, but it's an easy mistake to make.'" |
| A search through public records revealed that the photographer had filed more than 40 similar cases that year. They negotiated him down and agreed to pay a fee of $500. | A search through public records revealed that the photographer had filed more than 40 similar cases that year. They negotiated him down and agreed to pay a fee of $500. |
| Fighting over such a small fee in court would cost a fortune. | Fighting over such a small fee in court would cost a fortune. |
| “It is not worth two years and tens of thousands of dollars of litigation on the off-chance we might win. And if you lose, you might pay the lawyer fees. That's what these copyright troll firms realise - is that the system is so heavily weighted in favour of copyright owners,” says Mr Stewart. | “It is not worth two years and tens of thousands of dollars of litigation on the off-chance we might win. And if you lose, you might pay the lawyer fees. That's what these copyright troll firms realise - is that the system is so heavily weighted in favour of copyright owners,” says Mr Stewart. |
| In response Pixsy said: "One of our key criteria [for Pixsy to work on the case] is that it is a commercial usage of the photo. In your example of the private university, they are a revenue-generating organisation and are not exempt from copyright law. A case would be with the university itself and not an individual student." | In response Pixsy said: "One of our key criteria [for Pixsy to work on the case] is that it is a commercial usage of the photo. In your example of the private university, they are a revenue-generating organisation and are not exempt from copyright law. A case would be with the university itself and not an individual student." |
| Some actors have given those who pursue copyright claims a bad reputation. One particularly prolific lawyer, Richard Liebowitz, has been dubbed a "copyright troll", having filed about 1,280 cases in the Southern District of New York since 2017. | Some actors have given those who pursue copyright claims a bad reputation. One particularly prolific lawyer, Richard Liebowitz, has been dubbed a "copyright troll", having filed about 1,280 cases in the Southern District of New York since 2017. |
| As well as the sheer number of cases he's filed, his behaviour has not endeared him to the courts and a judge recently fined him $103,500 for misconduct, which included "repeated violations of court orders and outright dishonesty, sometimes under oath". | As well as the sheer number of cases he's filed, his behaviour has not endeared him to the courts and a judge recently fined him $103,500 for misconduct, which included "repeated violations of court orders and outright dishonesty, sometimes under oath". |
| Joe Naylor is the chief executive of ImageRights International, another company like Pixsy that uses technology to help photographers pursue copyright infringement. | Joe Naylor is the chief executive of ImageRights International, another company like Pixsy that uses technology to help photographers pursue copyright infringement. |
| He says lawyers like Liebowitz are bad for the industry. | He says lawyers like Liebowitz are bad for the industry. |
| “It does profound and fundamental damage to copyright holders who are trying to protect their rights,” says Mr Naylor. | “It does profound and fundamental damage to copyright holders who are trying to protect their rights,” says Mr Naylor. |
| Pursuing licence fees must always be the photographer’s choice. However, Mr Naylor says his company does not recommend photographers go after non-profit blogs or student newspapers. | Pursuing licence fees must always be the photographer’s choice. However, Mr Naylor says his company does not recommend photographers go after non-profit blogs or student newspapers. |
| While he understands this happens, he says ImageRights International is more interested in defending professional photographers like Sean Heavey. | While he understands this happens, he says ImageRights International is more interested in defending professional photographers like Sean Heavey. |
| “There's literally no word that can be spoken to me that makes me more angry than photographers being called trolls for trying to pursue their own claims.” | “There's literally no word that can be spoken to me that makes me more angry than photographers being called trolls for trying to pursue their own claims.” |
| Sean Heavey still sees instances of The Mothership used without permission. | Sean Heavey still sees instances of The Mothership used without permission. |
| If people credit the picture he “lets it slide”, especially if there is no profit involved. | If people credit the picture he “lets it slide”, especially if there is no profit involved. |
| Recently he found a lady who was selling prints of the photo claiming it was her picture. Another Instagram influencer often claims The Mothership is his. | Recently he found a lady who was selling prints of the photo claiming it was her picture. Another Instagram influencer often claims The Mothership is his. |
| He says: “Being able to stand up and know your rights - it's good, because it keeps food on the table for my family.” | He says: “Being able to stand up and know your rights - it's good, because it keeps food on the table for my family.” |