Unauthorized Use of a Photo for Profit

[sparkplug]

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?

[HansSteinert]

That's pretty epic. Hope they pay you.

[pxchoi]

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.

[Merlin_AZ]

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.

[pxchoi]

Originally Posted by Merlin_AZ

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.

[P51Mstg]

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

[silvrg35]

Wow, it is hard to believe a large corporation would just blatantly approve these shirts to be sold.

[Philz]

Wow please let us all know how this ends. Good Luck !

[Jimbers]

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

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

and then check with your own lawyer.

[Tee Why]

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.

[sparkplug]

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.

[DetlevCM]

Originally Posted by Merlin_AZ

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)

[TooManyShots]

Originally Posted by Tee Why

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.......

[bolaberlim]

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...

[alabama1980]

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.