Canon Digital Photography Forums  

Go Back   Canon Digital Photography Forums > 'Sharing Knowhow' section > The Business of Photography
Register Rules FAQ Members List Search Today's Posts Mark Forums Read



Reply
 
Thread Tools Display Modes
Old 23rd of March 2011 (Wed)   #1
sparkplug
Member
 
sparkplug's Avatar
 
Join Date: Sep 2008
Location: North Shore, Louisiana / Golfito, Costa Rica * I release all fish with NOAA tags for research
Posts: 286
Default Unauthorized Use of a Photo for Profit

This is taken from another forum that I frequent as well:


Okay, REALLY need to see this... Coincidence..?
Tuesday, I was killing some time in-between meetings by strolling through an Old Navy store in El Centro.

They had some cool kids stuff so I was grabbing some shirts for my Son when I happened upon this shirt with a Land Cruiser on it and I could not stop staring.


Here is the shirt




Here is the picture that I took





Here is the overlay






Well...I wrote a letter, politely asking for monetary compensation AND cease and desist, unless future monetary compensation is forthcoming, blah, blah...

Got a letter back from a Gap attorney and he left a message for me to call him.

Just trying to decide what to tell him when I call him back...



So first off, my friend was told by someone else that he should first register his photo. Is this the correct way to go about seeking compensation from OLD Navy? Furthermore, does he even have legal grounds for compensation and if he does, how much compensation would be fair to ask for?











__________________
Isaac
Canon 40D, 5DMKII, Canon 100mm, Canon 100mm L series, 580EXII, and some recycled homemade stuff.

Last edited by sparkplug : 23rd of March 2011 (Wed) at 14:59.
sparkplug is offline   Reply With Quote
This ad block will go away when you log in as member
Old 23rd of March 2011 (Wed)   #2
HansSteinert
Member
 
Join Date: Feb 2011
Posts: 419
Default Re: Unauthorized Use of a Photo for Profit

That's pretty epic. Hope they pay you.
HansSteinert is offline   Reply With Quote
Old 23rd of March 2011 (Wed)   #3
pxchoi
Senior Member
 
Join Date: Aug 2009
Posts: 1,145
Default Re: Unauthorized Use of a Photo for Profit

Whoa... They need to watch out. This is the second incident I've seen of this on this board. But I'm not sure what the outcome was.

If I were you, I would give them a call and just see what they have to say. If it sounds overtly complicated, then contact a lawyer. Or maybe even do that first and have the lawyer contact them.
__________________
Patrick Choi

Portfolio | Flickr | Facebook
EOS 7D | 580EX II | 10-22mm f3.5-f4.5 | 17-55mm f/2.8 IS |70-200mm f/2.8L IS II
For Sale: 17-55mm f/2.8 IS | 10-22mm f3.5-f4.5
pxchoi is offline   Reply With Quote
This ad block will go away when you log in as member
Old 23rd of March 2011 (Wed)   #4
Merlin_AZ
Member
 
Merlin_AZ's Avatar
 
Join Date: Mar 2010
Posts: 764
Default Re: Unauthorized Use of a Photo for Profit

Might be sticky enough for a lawyer.
They stole your photo, but is it OK with the car manufacturer that you sell images of their registered vehicles for your own profit?
Just some questions to throw out there.
Merlin_AZ is offline   Reply With Quote
Old 23rd of March 2011 (Wed)   #5
pxchoi
Senior Member
 
Join Date: Aug 2009
Posts: 1,145
Default Re: Unauthorized Use of a Photo for Profit

Quote:
Originally Posted by Merlin_AZ View Post
Might be sticky enough for a lawyer.
They stole your photo, but is it OK with the car manufacturer that you sell images of their registered vehicles for your own profit?
Just some questions to throw out there.
I was also thinking the same thing... Lawyer would probably the best route.
__________________
Patrick Choi

Portfolio | Flickr | Facebook
EOS 7D | 580EX II | 10-22mm f3.5-f4.5 | 17-55mm f/2.8 IS |70-200mm f/2.8L IS II
For Sale: 17-55mm f/2.8 IS | 10-22mm f3.5-f4.5
pxchoi is offline   Reply With Quote
Old 23rd of March 2011 (Wed)   #6
P51Mstg
Senior Member
 
P51Mstg's Avatar
 
Join Date: Feb 2007
Location: Mt. Carmel, TN
Posts: 1,325
Default Re: Unauthorized Use of a Photo For Profit

In simple terms, you need to call Carolyn Wright (Photoattorney.com) RIGHT NOW.....

Assuming they used your picture (and it looks like it), its pretty much a $25,000 slam dunk plus attorney fees.

If you do it on your own, you'll be posting here and complaining that you didn't get anything or be proud you got a photo credit or a $50 GAP gift card.

I was a lawyer for 17 years, trust me on this one, Its an easy case.

Mark H
__________________
Too Much Camera Stuff......
P51Mstg is offline   Reply With Quote
Old 23rd of March 2011 (Wed)   #7
silvrg35
Member
 
Join Date: Feb 2011
Location: Chicago, IL
Posts: 190
Default Re: Unauthorized Use of a Photo For Profit

Wow, it is hard to believe a large corporation would just blatantly approve these shirts to be sold.
silvrg35 is offline   Reply With Quote
Old 23rd of March 2011 (Wed)   #8
Philz
Member
 
Philz's Avatar
 
Join Date: Feb 2011
Location: Mason-Dixonville
Posts: 248
Default Re: Unauthorized Use of a Photo For Profit

Wow please let us all know how this ends. Good Luck !
__________________
7D - 50D - G11 - EOS-1 - EOS 630 - Olympus 550WP, Lights, some L - A Sig - Pocket Wizards !
Philz is offline   Reply With Quote
Old 23rd of March 2011 (Wed)   #9
Jimbers
User is banned from forums
 
Join Date: Aug 2010
Posts: 333
Default Re: Unauthorized Use of a Photo For Profit

i would write this guy first, see what he did:

http://www.flickr.com/photos/cdevers/5402217217/

and then check with your own lawyer.
Jimbers is offline   Reply With Quote
Old 23rd of March 2011 (Wed)   #10
Tee Why
"Monkey's uncle"
 
Tee Why's Avatar
 
Join Date: Feb 2006
Location: Pasadena, CA
Posts: 10,595
Default Re: Unauthorized Use of a Photo For Profit

Yup, you think a large corporation like GAP (which also ownes Banana Repulic alon with GAP) would know better and have a process where they ensure not to violate copyright laws.

Sounds like some money is coming your way though. I wish GAP would steal some of my imges as well.
__________________
Gallery: http://tomyi.smugmug.com/


Tee Why is offline   Reply With Quote
Old 23rd of March 2011 (Wed)   #11
sparkplug
Member
 
sparkplug's Avatar
 
Join Date: Sep 2008
Location: North Shore, Louisiana / Golfito, Costa Rica * I release all fish with NOAA tags for research
Posts: 286
Default Re: Unauthorized Use of a Photo For Profit

Maybe I wasn't clear. I was typing in blue and I quoted him from another forum in black. This is my friend that took this picture and it is also his truck. I don't think he is a member here but I am sure he will drop in and take a look.
__________________
Isaac
Canon 40D, 5DMKII, Canon 100mm, Canon 100mm L series, 580EXII, and some recycled homemade stuff.
sparkplug is offline   Reply With Quote
Old 23rd of March 2011 (Wed)   #12
DetlevCM
Goldmember
 
DetlevCM's Avatar
 
Join Date: Apr 2010
Location: Europe
Posts: 3,148
Default Re: Unauthorized Use of a Photo for Profit

Quote:
Originally Posted by Merlin_AZ View Post
Might be sticky enough for a lawyer.
They stole your photo, but is it OK with the car manufacturer that you sell images of their registered vehicles for your own profit?
Just some questions to throw out there.
-> I can't see any visible trademarks on the "used image".
It's the general shape of an off-road vehicle, I could NOT tell it was a Toyota Landcruiser, I only know that because the OP said so.

It is my understanding that you'd need either a trademark or a clearly identifying unique design for an object to be unusable for commercial images.
-> I.e. the three rings on a Montblanc would be protected, but a plain wine glass would not be.
___________________

To the OP:
Laywer is possibly your best bet, unless they are forthcoming, in that case you might save some money if you deal with them directly (-> no lawyer fees, unless you feel that they should give you more)
DetlevCM is offline   Reply With Quote
Old 23rd of March 2011 (Wed)   #13
TooManyShots
Cream of the Crop
 
TooManyShots's Avatar
 
Join Date: Jan 2008
Location: NYC
Posts: 8,888
Default Re: Unauthorized Use of a Photo For Profit

Quote:
Originally Posted by Tee Why View Post
Yup, you think a large corporation like GAP (which also ownes Banana Repulic alon with GAP) would know better and have a process where they ensure not to violate copyright laws.

Sounds like some money is coming your way though. I wish GAP would steal some of my imges as well.

Hahahaha.......
__________________
One Imaging Photography and my Flickr
Facebook
TooManyShots is offline   Reply With Quote
Old 23rd of March 2011 (Wed)   #14
bolaberlim
Member
 
Join Date: Jan 2011
Location: Porto- Portugal
Posts: 90
Default Re: Unauthorized Use of a Photo for Profit

It is my understanding that they can't use your photo. Period. However they altered it significantly. Therefore they are in the clear, as their image was created by them, although it was based on a photo of yours. However, I'm Portuguese. I have a whole different set of laws here...
bolaberlim is offline   Reply With Quote
Old 23rd of March 2011 (Wed)   #15
alabama1980
Senior Member
 
alabama1980's Avatar
 
Join Date: Mar 2008
Location: Gadsden, AL
Posts: 1,213
Default Re: Unauthorized Use of a Photo For Profit

Wow....how...blatant. There was a similar case with GAP not too long ago. Same scenario...they ripped off an image of a vehicle and used it on some clothing. As someone pointed out though, it's more likely not the company themselves, but a subcontracted graphic design person that wanted to make a quick dollar with not a lot of work involved.
__________________
Name's Andy!
Facebook
My 500px
asheltonphoto.com
alabama1980 is offline   Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Unauthorized Printing... BreitlingFan The Business of Photography 5 14th of September 2010 (Tue) 10:09
Unauthorized shots being used ducatiwv General Photography Talk 20 6th of August 2010 (Fri) 00:20
Another unauthorized photo use dugcross General Photography Talk 1 11th of June 2009 (Thu) 13:52
Unauthorized use of photo stinkydiver61 The Business of Photography 4 12th of March 2008 (Wed) 05:51
League Photo - who gets a cut of the profit? LeftofCenterPhoto The Business of Photography 13 8th of November 2007 (Thu) 06:27


All times are GMT -5. The time now is 09:09.


Powered by vBulletin® Version 3.6.12
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
This forum is not affiliated with Canon in any way and is run as a free user helpsite by Pekka Saarinen, Helsinki Finland. You will need to register in order to be able to post messages. Cookies are required for registering and posting. HTML in messages is not allowed, plain website addresses are automatically made active by the board.