Infringement UPDATE

  • Thread starter Thread starter stupar
  • Start date Start date
S

stupar

Guest
Evening all.

Every once in a blue moon I run my images through Googles reverse search engine.

Tonight I ran one of my smoke art images through the search and it came back with a hit for this wordpress blog
Link removed

My image comes under the header "smoke flowers - whatever next!"
At a fleeting glance it looks like a normal blog entry to do with flowers, however upon closer inspection you will see the 3rd paragraph which reads -
"Alternatively, you could use the services of Corporate Flowers London for a much quicker, 3 dimensional result"

As a blog on its own It wouldn't bother me (although a link to the original image source would have been nice rather than just using my name).

Given the link to the floral business though would you deem this commercial usage or is the link too weak do you think? To me it feels like an additional way to promote the business :thinking:

As a side note the owner of the blog and the owner of the flower company is the same person(s)
 
Last edited by a moderator:
artyman said:
Change the image for something 'suitable', know what I mean ;)
Click to expand...

Whilst I know exactly what you mean :D It isn't possible as the image is not a hotlink, its copied and embedded into the blog page
 
It's a commercial use and cheeky but also complimentary.
Could it work to your advantage to make an approach and try to get some more useful recognition? Either that or send an invoice?
 
gramps said:
It's a commercial use and cheeky but also complimentary.
Could it work to your advantage to make an approach and try to get some more useful recognition? Either that or send an invoice?
Click to expand...

In what way would you make it try and work to my advantage :thinking:
 
Was thinking of some advertising for you, though didn't check how popular the site is.
 
Not sure on the blog Page itself but the blog does appear on the main website too.
 
Invoice time
 
MWHCVT said:
Get some screen grabs before you do anything and take the link out of your OP
Click to expand...

Done!
I think what aggravates me more about this instance of image taking is they have seen it on this forum.
In their 2nd paragraph under the image they talk about how the image was made. I only shared that information in my forum post here!
And the only reason they no my name is due to me doing a flickr link under my image using my name.

Not to worry. I have my screen captures and I have saved the webpage as a complete file.
All details are collected so I will do an invoice tonight when I get home from work.
 
Last edited by a moderator:
Definite commercial use. Invoice them for sure.

You know that it is more than one site that is using the image you mention? There are at least 2, the sole purpose of which appears to be SEO to drive traffic to their main Garden Party site.
 
Last edited:
How do you run an image through google images out of interest? I feel I should maybe do this with a few of mine!

As others have said send them an invoice. They've used your image without permission so an invoice will soon make them take it down if nothing else :)


Edit - ignore the google search question as I did a google search and found the answer :)
 
Last edited:
graphilly said:
Definite commercial use. Invoice them for sure.

You know that it is more than one site that is using the image you mention? There are at least 2, the sole purpose of which appears to be SEO to drive traffic to their main Garden Party site.
Click to expand...

Yeah I had noticed it on other sites.
Don't think that makes any difference when it comes to invoicing though does it :thinking:
 
gnirtS said:
Go to http://images.google.co.uk/ and click on the camera icon.

You can either upload or paste a URL.

Or for most browser you can get a right click add-on so just right click on your photo to "find in google".

Works far far far better than TinEye.
Click to expand...

Yep, I never managed to get it to find anything, even pics I knew were up on the net.
 
Thought I would update this thread since I have received correspondence from the person involved.
This is my first case where the guilty party has put up barriers.
They apologised for the miss use (blaming it on bloggers who submitted the articles....hmmm:thinking:) and that the image has now been removed.

They then went on to say that they would not pay the invoice as we did not enter into a commercial contract to license the image (sure there's a clue somewhere in that statement).

I think it would now cost to much to pursue this for the sum of money I requested on the invoice.

What have others done when faced by a brick wall like this, do you let it go or do you pursue your rights?
 
How much did you invoice them in the end?

In one respect they're right, that there is no contract between you and them. Your invoice is therefore meaningless. But then it was a good-will gesture from you, to provide them an opportunity to make good after their transgression.

However by them being explicit about there being no relationship between them and you, what they've done is admitted the copyright infringement. This means that you have a pretty water-tight case for now suing them for theft of your image.

You could now sue them for copyright infringement, image orphaning (taking a copy rather than hotlinking, while failing to explicitly give credit), loss of potential revenue and so on.

From here, there'd be a cost to you, but the damages you seek would far exceed them. The path to go down is the Small Claims track at the Patents County Court.

What I would suggest is reading the guidelines, listing all of the things you think you could claim for, and send the company a letter/email detailing your intention to proceed and on what basis. Double your invoice price and offer them a final opportunity to settle within 7 days.

Info here: http://www.justice.gov.uk/courts/rcj-rolls-building/patents-county-court
 
From a thread a while back,

step two,

Send a letter by recorded delivery which (a) refers to the emails (b) encloses a further copy of the invoice (c) sets a specified time for them to let you have their proposal for payment - I would suggest 14 days, and (d) asks for details of their solicitors or other persons who would take receipt of a summons. It is a good idea to add at the foot, in block capitals perhaps, "This letter and related enclosures may be referred to for their terms in any proceedings which follow hereon.
 
stupar said:
Thought I would update this thread since I have received correspondence from the person involved.
This is my first case where the guilty party has put up barriers.
They apologised for the miss use (blaming it on bloggers who submitted the articles....hmmm:thinking:) and that the image has now been removed.

They then went on to say that they would not pay the invoice as we did not enter into a commercial contract to license the image (sure there's a clue somewhere in that statement).

I think it would now cost to much to pursue this for the sum of money I requested on the invoice.

What have others done when faced by a brick wall like this, do you let it go or do you pursue your rights?
Click to expand...

Don't forget there were other sites that appear to be linked with your "defendant's".

At least one of them is still using the image today.
 
SimonH said:
How much did you invoice them in the end?

In one respect they're right, that there is no contract between you and them. Your invoice is therefore meaningless. But then it was a good-will gesture from you, to provide them an opportunity to make good after their transgression.

However by them being explicit about there being no relationship between them and you, what they've done is admitted the copyright infringement. This means that you have a pretty water-tight case for now suing them for theft of your image.

You could now sue them for copyright infringement, image orphaning (taking a copy rather than hotlinking, while failing to explicitly give credit), loss of potential revenue and so on.

From here, there'd be a cost to you, but the damages you seek would far exceed them. The path to go down is the Small Claims track at the Patents County Court.

What I would suggest is reading the guidelines, listing all of the things you think you could claim for, and send the company a letter/email detailing your intention to proceed and on what basis. Double your invoice price and offer them a final opportunity to settle within 7 days.

Info here: http://www.justice.gov.uk/courts/rcj-rolls-building/patents-county-court
Click to expand...

I invoiced them for £310 for 4 months use without consent. The fee was based loosly around the "London Freelance Photographers" rates that are published on the net for guidance.

If I go down the small claims track do I not have represent myself at the court hearing itself?

admirable said:
From a thread a while back,

step two,

Send a letter by recorded delivery which (a) refers to the emails (b) encloses a further copy of the invoice (c) sets a specified time for them to let you have their proposal for payment - I would suggest 14 days, and (d) asks for details of their solicitors or other persons who would take receipt of a summons. It is a good idea to add at the foot, in block capitals perhaps, "This letter and related enclosures may be referred to for their terms in any proceedings which follow hereon.
Click to expand...

Thanks for the additional info

graphilly said:
Don't forget there were other sites that appear to be linked with your "defendant's".

At least one of them is still using the image today.
Click to expand...

When I initially wrote to them I made a note to them of all the sites the image was on.
Having done a very brief check today to see if there word is gold revealed the image still being on show on the wordpress blog.

This is something that I will deal with when I respond in due course.
 
When you look at her site and do a Google image search on some of her other images, it appears, on the surface at least that you may well not be the only one this has happened to.
 
You must log in or register to reply here.
Back
Top