Images being used by Another company.

InaGlo

InaGlo

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Name
Glo
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I provide a nail company with regular images for their advertising.
The photos are nothing flash but are used in their catalogue and in classified sections of nail magazines, and I get payed well for it.
The company also print small posters of my pictures and give to salons with large orders.
My copyright is printed on them.

Ive just opened my this months nail mag and there is one of my own images (badly resized) being used to advertise another company.
Im fuming here!

This company are also selling some of the products from the company I work for, and are undercutting them so I doubt its an affliliated company (though Im waiting to hear back on that one).

Does anyone know where I stand here regarding them using my image without permission?
Having checked their website/courses this is a company I do not wish to be associated with.
 
Definitely.

You can either :

A : Just invoice them for the use at your normal rates.
B : Start a small claims action against them. They have used your commercial images without your consent, but not only that, they have damaged your professional reputation and possible sales by using poorly resized versions which lack your usual professional quality.

Scratch their eyes out! (The nail em pun has already been taken)
 
Sorry to hear this Inaglo. As Joe T said, your going to have to look at legal action I suspect. It might be worth sending a letter to the company in question, explaining that they have used your image without consent, and that you wish to be compensated for the use of it. (Usual full cost to normal customer + any incurred legal costs) then see what they say. If they end up playing funny buggers, then its time to get a lawyer involved I recon. Good luck whatever you do though.
 
I think the first thing you need to establish how they came by the images. Did they pinch them or were they supplied by someone else.

Also, what kind of deal do you have with the nail company for the images? Depending on the rights you've assigned them it might be they who should be pursuing this, not you.
 
Might be worth baring in mind what rights you have given to the company you sell your images too, do you sell them a license to the image? or the image itself?

EDIT: damn I was beaten to it
 
Send them an invoice kindly reminding them that image theft is a crime and you as copyright holder are giving them either the option or settling now or have the option of either settling now or taking you to court.

Recourse to law should be the last resort.
 
I'd suggest (as above) you invoice them. Perhaps offer a discount for payment within 14 days or so, and full price after that, but to be settled within 28 days. Well, make them think it's a discount. If you've heard nothing after 28days - 31days send them a reminder which also states further action will be taken if not settled within your stated period of time, perhaps 7 days. Once you have given them notice then you can quite easily go to small claims court. They then know you're aware that you know your images have been used. You may also want to mention it to the other company that the pictures where origanly intended for. The content of their magazine may be copyright, and they may also wish to take things further.

If your a member of the BFP they will do it for you, I think.
 
The problem with just sending them an invoice is that the company may believe they had permission or purchased the images elsewhere and so will likely ignore it. Establish the facts first and then take action to ensure the best result.
 
I'd be fuming too Glo. There's nothing worse than someone using your image without permission, but to reproduce it at a sub standard quality as well...grrrrrr!:bat:

pxl8 said:
The problem with just sending them an invoice is that the company may believe they had permission or purchased the images elsewhere and so will likely ignore it. Establish the facts first and then take action to ensure the best result.
Click to expand...

I agree with pxl8's comments above and much of what has been said by others. Either way, "someone" is definitely out of order here imo. I hope you get it sorted soon. Best of luck.:)
 
pxl8 said:
The problem with just sending them an invoice is that the company may believe they had permission or purchased the images elsewhere and so will likely ignore it. Establish the facts first and then take action to ensure the best result.
Click to expand...

Yes... you COULD find that they were "given" the images by someone at the firm that get them from you... so find the facts first I think. :thumbs:
 
Hey InaGlo

Please do let us know how this progresses and if there's anything anyone here can do to help.
 
Thanks for all your advice peeps.
Ive bookmarked the copyright link Nigel, thanks :thumbs:

Ive put an email together with an invoice ready to send, though Im waiting to hear whether the company I supply has supplied the pic to this new company before I make a move.

Going to be a frustrating afternoon I think ... enough to make a girl start biting her nails! :gag:
 
pxl8 said:
The problem with just sending them an invoice is that the company may believe they had permission or purchased the images elsewhere and so will likely ignore it. Establish the facts first and then take action to ensure the best result.
Click to expand...

I agree. Ring them up, play nice to start with and find out whats what. Then if it turns out they have used them without permission invoice them.
 
Hold back with that invoice for now. That's just one possible route. As has been said, try to establish the full facts first.

but if you do end up sending them an invoice then make sure it's the full monty and the not the 'heavily discounted' rate you offer the other firm ;)
 
With any dispute its best to hold your big guns in reserve until they're really needed. So start of nice and pleasant, as once you've become nasty and threaten legal action its hard to either escalate threats further or to climb down.

Who knows, if they like your shots to consider stealing them, maybe they'll buy them, although you may want to check how your current customer feels about this.
 
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