Another stolen image thread...how to word an email.

Notts_Dave

Notts_Dave

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Dave
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After reading some of the "some one nicked my photo" threads i came across a business that had nicked one of my photos. I posted the photo on here about a year ago and noticed at the time this guy made himself a member of TP and posted his one and only post.

I have kept an eye on his site and today i have found my image used on his business web site. So how do i word my inital contact email? Should i ring him? Should i a) ask that the photo be taken down. b) ask for payment (if so how much).
 
Dear Sir, please find enclosed my invoice in respect of your use of my image...

;)
 
With reference to the existing advice (both good and not quite as good) I would be inclined to word it as an " either pay / or remove" thing.

Something along the lines of.....

It has been brought to our attention that your website includes images for which no licensing or useage agreement has been made etc. etc.... perhaps....

How do you find out whether your images have been pinched - One particular image in my flickr site has had precicely 285 more views than any of the others on there. It hasn't been posted elsewhere by me, and I haven't got any links to it.... That to me suggests that it's out there somewhere (possibly credited) but I just can't find it....
 
Has the business any relevance to you? could you use a deal with him or has his site nothing you can use to your advantage.

If the latter, then print screen his website and your image along with a date...then send him a Bill...If he takes no notice, send him another in a month plus some for administration ...if he takes no notice, take the lot to small claims court ... claim it all back plus some excessive charge for administration.

:thumbs:
 
I've done some screen dumps and sent this:

"It has been brought to my attention that your website includes an image for which no licensing or usage agreement has been given to your business by me. Nor has any acknowledgement been made to myself as the photographer and therefore the copyright holder. I would appreciate it if this image was removed from your site immediately.

The photograph in question is in your section headed “Day time events”, is on the 3rd row, left hand site and contains the “southern cross” flag in the lower portion of the image.

I await your response and welcome the opportunity to discuss the supply of my images for commercial purposes to your business or a suitable fee for the commercial use of this particular image.

Regards
Dave Nelson"
 
deffo send them an invoice...or a horses head
 
I'm thinking £50 for the image and commercial rights or goods to that value as he sells things i'd been looking at buying anyway.

In some ways i'm miffed and in others i'm flattered as i dont rate many of my shots that highly. But power to the people and all that, theft is theft!
 
make sure you get screen shots etc of it being on the website incase they deny it.
 
If you get no joy, then you can also send his web host and even Google a DMCA notice. The former has the power to take his website offline, the latter has the power to remove his website from search results.

Mentioning that you have this in your corner should help move things in the right direction.
 
So how, if asked, do i prove it is my image. Obviously i have the origonal but what is to say I didnt download it from his site.
 
you have the exif data, (camera serial No)
 
Notts_Dave said:
So how, if asked, do i prove it is my image. Obviously i have the origonal but what is to say I didnt download it from his site.
Click to expand...

Hopefully your original image will still have the EXIF information attached and you will also have other similar images taken at the same time which will identify the image with yourself.

It is very rare that someone will argue the case unless they have more money than sense.

50 Quid is not anywhere near enough to charge for the use of the image online.

I suggest that you take a look at the NUJ Freelance Rates for online photography use at this page:-

http://www.londonfreelance.org/feesguide/phonlrat.html

Refer to the Commercial & Business rates section and bill him according to the length of time that the image has been used.

The Small Claims Court WILL accept the NUJ Charges as a measure of the going rate as they are regularly updated.

billyh42
 
pxl8 said:
Dear Sir, please find enclosed my invoice in respect of your use of my image...
Click to expand...

Succinct, works, do it and see what happens next.
 
That NUJ link shows for a 600x800 image £225 for one month upto £600+ for 6 months, is that really the going rate?

I'm going to get my GF to do the letter as she chases businesses for money owed as part of her job, she also has extensive experiance of using the small claims court for this purpose should it come to that. But the invoicing of £200 for an amature photo is amazing. Like i say, i've never really rated my work anywhere near the level of pro or even "keen amature".

I would be happy if he said "here have some of my wares in payment".

I'm beginning to see why you "pro's" get so ragged off when someone steals a shot. It really is taking the bread off your table. I'd go nuts if someone took a half a weeks wage out of my bank.
 
Admirable: you say exif viewers show the serial number of the camera. I've looked at some viewers and can't see one which shows the serial number. What do you use?
 
Notts_Dave said:
That NUJ link shows for a 600x800 image £225 for one month upto £600+ for 6 months, is that really the going rate?
Click to expand...

That rate is the suggested "minimum"!

You can also claim interest on these charges from the date that the image was first used.

The Small Claims Courts are very much aware of digital image theft and have handled loads of these cases now.

The reason that the small claims court works so well is that it usually costs the "offender" much more to go to court and defend the claim than it would just to pay up. The majority of Small Claims for this type of thing don't actually make it to court.

It's a very straightforward procedure and unlike normal court procedures the majority of cases favour the victim.

Small Court Charges have recently changed and instead of the fixed charge there is now a "sliding" scale depending on how much you are claiming.

http://www.small-claims-court-support.co.uk/costs.htm

One thing to be aware of though is that you must have tried to claim the appropriate fees in a conventional manner, i.e. by letter or invoice, before referring the matter to the Small Claims Court.

My advice is always to write by Recorded Delivery rather than email and do not under any circumstances telephone.

It all sounds very formal and daunting but at the end of the day you are dealing with quite a high-value theft.

There are no "businesses" that are not aware of copyright theft in this day and age and they are very much aware of lawyers fees and will not want to go to court over a few hundred £'s.

Write your letter, detailing what you think you're owed and refer them to the NUJ charges and see what they say.

billyh42
 
I was thinking of calling them on Monday but yes, you're right, a letter will be drawn up and sent recorded delivery. I'm going to assume that the image has only recently been put on the site and go with the £225 that the NUJ suggest but point out that they recommend a much higher figure as the time increases.

I dont want anyone on here thinking i'm getting ideas above my station and thinking i believe myself to be the next David Bailey but i think this kind of thing needs to be stamped out.
 
Notts_Dave said:
I dont want anyone on here thinking i'm getting ideas above my station and thinking i believe myself to be the next David Bailey but i think this kind of thing needs to be stamped out.
Click to expand...

It doesn't matter who took the image, whether they are amateur or professional or even whether it was taken deliberately or by accident - it's still worth the same amount of money!

It's only through hearing of others being made to pay after this sort of theft that those considering it will think before doing it themselves.

Make sure you state that it "was brought to your attention by another party" that the image was being used so that they know that you've got witnesses.

billyh42
 
Note that the Small Claims track in England & Wales is no longer deemed appropriate for cases of copyright infringement :-(
 
Good point about the witnesses. Maybe we have a "Name 'n' shame" thread so that we can check out those known to use stolen images on thier web sites for our own. I'm pretty certain my was taken from here.
 
photon said:
Note that the Small Claims track in England & Wales is no longer deemed appropriate for cases of copyright infringement :-(
Click to expand...

This case is not "copyright infringement" however!

This is a case of "theft".

Copyright Infringement is usually where someone's "intellectual property" is being abused - like selling counterfeit goods or using a company logo without permission.

The Small Court Claim will be based on the recovery of "earnings" after the "theft" not a Copyright Infringement.

billyh42
 
Notts_Dave said:
Maybe we have a "Name 'n' shame" thread so that we can check out those known to use stolen images on thier web sites for our own.
Click to expand...

Unfortunately, we can’t condone this as it is deemed liable.
 
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