Big lens company uses my image without consent!

Just noticed that a semi big 3rd party lens maker is using my image on their blog.
That is good but they didn't ask me about it!

Sent them a notice on their FB page to get into contact with me.

How to proceed? Squeeze them for a new lens?

Link?

Like who? Sigma?? Tamron? Talk to your lawyer quick....

http://aurora.samyang.​pl/
My image is the first aurora image on this blog

Cool shot. Any idea how they acquired it?

ArcticShooter wrote in post #15504657
http://aurora.samyang.​pl/
My image is the first aurora image on this blog

You need to research in how your country handles copyright infringement. Normally, you should ask the site operator to take down the image.

Have a question? Looks like they left the OP's trademark on the image. That doesn't doesn't change anything, right?

aquaforester wrote in post #15504734
Have a question? Looks like they left the OP's trademark on the image. That doesn't doesn't change anything, right?

No. Consent is required regardless. Normally, if you ask them to remove it, they would comply.

Of course you may also be dealing with multiple separate legal jurisdictions, the country of the photographer, and the country where the infringement took place. I believe that Norway is a Bern Convention country, so the OP should hold the copyright from the moment of creation, without the need for registration. The lens company in question seems to me from the link provided to be based in Korea, although the infringement seems to be on a website that is based in Poland. As Poland is now an EU country they will also be Bern Convention so again at least you are relatively protected, although you will need to pursue any claim through the Polish legal system, including having the image taken down.

Alan

I dont see them advertising anything for sale.. might they argue this is editorial use?

Before you take action and contact them, or any legal authorities, just ask yourself if you ever used this photo anywhere online?

If you ever entered it in any sort of photo contest, the contests themselves almost all have fine print that says they can use the image any way they want, including extension of use to any third party. Also, if you put it on Flickr, and have "creative commons" checked, then it's fair game for them to use. Facebook? Instagram? They may be able to authorize the lens maker to use the image with no compensation to you (there is a lot of debate about their terms of service, and what rights it gives them, with regard to photos).

I'm just saying it may be helpful if you think about the photo's history before you go off demanding it be "taken down", or before you ask for compensation.

This image is from Flickr and I have all my images as All Rights Reserved
I don`t have any problems for others to use my images on blogs. But they always ask me first.
And since this particular image was taken with the Samyang 24mm I would have gladly let them use it.
But they didn't ask so I have to see what to do. Might just let it sink into the sand or snow I would say.

If you're going to just let it slide, I'd ask them to link to your website and provide you credit. I don't know if it's in the Article or not as I can't read it

This photo appears to not endorse a product, but is merely editorial use to show an expeditionary event...

(from Google Translate)

"Late last night the expedition successfully reached the Ramfiord Camping that the end of the expedition will be the locale and the starting point. Two-stage air travel from Krakow to the destination went smoothly, although not without a little bit of adrenaline in the blood, when a strong snowstorm at the airport in Tromso caused quite strong turbulence and hindered landing. After landing at the airport was waiting for them hired bus that took them to the place of residence. Short report and first impressions Mark Substyka after arriving in Ramfiord Camping"

Samyang appears to be a sponsor of this activity. From the-digital-picture.com:

"January 17th begins a photographic and scientific expedition through the Arctic Circle organized by Polish Association of Amateur Astronomers and astronomy forum AstroCD. The point of the expedition is to observe, photograph and study aurora borealis in the area of Tromso in Norway. Equipment sponsorship is provided by Samyang's european lenses distributor.

"Research project Samyang Aurora Expedition will take place between January 17 - 21. The expedition team of ten astronomers and photographers from the Polish Association of Amateur Astronomers of Katowice will conduct intensive studies of Earth's magnetosphere and aurora borealis appearance.

"Direct report of the trip and photographs will be available on Samyang Aurora Expedition blog"

I see nowhere that Samyang directly benefits from use of your photo in promoting its products, so I would not get too upset about this, even if your photo credit is not visible to others.

But doesn't it endorse Samyang as a whole?