copyright help needed.

[Stebel]

A friend of mine found a picture of my jeep being used in an online advertisement of 4x4 store.
I've taken this picture about 8 months ago. I usually post pictures on online 4x4 forums so I guess that's where they got it.

They didn't ask any permission or notified me that they going use it.

I just would like to get a credit for that picture on their website. Because right now it feels like they are stealing from me.

What should I do in situation like this? How should I approach them? Any advice?

[Stocky]

Are you sure you took the picture? First thing I would do is go through your images and make sure the picture is yours. Anyone could have taken a picture of your truck.
If it is yours, and you just want credit for it then write them a letter explaining that they stole your image. I am sure they will be very happy to help when you tell them all you want is credit for the picture.

[Stebel]

Yes I'm sure it's my picture.

I think I'll call them on monday and talk to them about this situation.

[Stickman]

Originally Posted by Stebel

I just would like to get a credit for that picture on their website. Because right now it feels like they are stealing from me.

Your item was stolen/ used without your permission. If you had agreed to simply getting credit ahead of time, that would have been one thing, but that company has been making money off your image.

It feels like they are stealing from you because they did steal from you.

[Stebel]

One more question. How i can prove that it is my picture? What to say if they will ask me to give the some kind of prove?

Here is my original:




And thats how they used it:

[Box Brownie]

Just my opinion but "credit line is vanity, payment is sanity".

There are many threads hereabouts on this very type of subject ~ they are using your image to make money, why shouldn't you get some reward for making that very image

Best of luck

[Stebel]

Originally Posted by Box Brownie

Just my opinion but "credit line is vanity, payment is sanity".

There are many threads hereabouts on this very type of subject ~ they are using your image to make money, why shouldn't you get some reward for making that very image

Best of luck

You are absolutely right!!

But how do I prove to them that this picture is mine?

[Box Brownie]

Originally Posted by Stebel

You are absolutely right!!

But how do I prove to them that this picture is mine?

Hmm! others with the 'right' experience I hope will chime in but:-

1) Can you find the forum where you think you posted itm? So you can perhaps say when you contact them "glad you liked my image seen at xxxxx location but please note this is my copyright and you have used it without my permission & authorisation........" Though looking at "used" image it does make me think you must have posted quite a hi res level of image file ~ bad practice IMO.

2) You have shown here that you have the original ~ you have registerd it at the US copyright office haven't you?

3) Were I in your shoes and surmising I had made sure I had screen grabs and copyright registered etc. I would contact the company pointing out their unauthroised usage of said image and asking them how long they have been using it? Assuming they tell you, write back by registered mail (note not email) with a bill for the usage and top loaded because of the unauthorised use.

4) Treat the matter very business like and ask for payment and/or cease & desist its usage. At the very least they should pay for the fact that they have used it even if they take down once you pointed out the error of their ways!

Best of luck

[Stebel]

It looks like they got the picture from my gallery on Deviantart.

I just checked this Motionoffroad and it looks like they are selling other peoples products under their own name without giving any credit to anybody. I'll call them on monday but I dont think I'll be able to get anything. I'll be lucky if they will take my picture off their website.

I'll let you guys know on monday.

[Zansho]

Register your image with the copyright office.

[amfoto1]

First of all, your original image should contain EXIF data that shows when and with what camera it was taken, right down to the serial number of the camera itself. If you "load" the info into the camera, it can also record your name on every image. And, if you are careful *not* to use "save for web" in Photoshop (or similar), which strips off EXIF data, that might even still be retained in the image you uploaded, possibly even the one they are using. At any rate, having the original is all the proof you need. It's obviously the same image.

The next thing to consider is how long it's been since you posted the image online the very first time. If it's less than three months since "first publication", it is more worthwhile to pursue "damages", and your next step is to immediately register your image with the US Copyright office. There's info how to do that on their website. Note, you can register a very large number of images at one time, for one fee.

If it' ls been longer than three months since first publication (the act of putting it on the Internet constitutes "publication") there's less reason to strongly pursue the case. There is simply less money to be gained. However, you can still bill them for their usage of your image, offering them a license with limited usage terms along with an invoice for the amount due to you. You just need to determine what a "typical fee" for the image usage would be, and how long you wish to license the image.

Along with the proposed image license agreement and invoice, or perhaps even in advance of it, send a "cease and desist" letter, thanking them for their interest in your photography, but informing them that they are infringing on your copyright and must either immediately remove the image from their website or come to terms with you under the image licensing agreement and make prompt payment to your for the usage.

You already took a screenshot of their website, which, along with the original image you have, is very clear proof that they are infringing upon your copyright. Keep the screenshot, check if they are using the image on multiple pages within their site, too, which might up the ante a bit.

If you are unsure how long they have been using the image, perhaps you could try looking at the source for the page or try researching it with the "Wayback Machine" (Google for that), which shows historical versions of websites.

Your billing invoice should include a time limit of, say, 30 days to remit payment for usage of the image. If they fail to do so, and fail to remove the image from their site, you have a case to pursue them legally. If it's been less than 3 months since first publication, that could be big bucks. If longer, it's a lot less and more of a small claims court issue.

[Stebel]

Thank you for your advice!!

[Stebel]

I got to talk to the owner of the 4x4store. He told me that his web site was created by outside company and he had no say in the logo design. I'm going to call the web-design company now.

I still think that the owner of 4x4 store is somehow responsible of what is placed on his web site.

What do you guys think?

[jwwill0]

He is still responsible for it. It's his website and his store. He can do a counter-claim against the creator, but that's his business.

[P51Mstg]

Sorry, Simply POSTING it on the internet doesn't consitute publication. Posting it and offering it for sale does...........

Still get it in there........

Mark H