What to do next..stolen image thread

Notts_Dave

Notts_Dave

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Name
Dave
Edit My Images
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http://www.talkphotography.co.uk/forums/showthread.php?t=71471

I asked for advice in the above thread. Thanks to all who offered it.

To date i have done this:

Emailed (no response)

Sent a letter explaining situation regarding my copyright, asked for payment by a date or image to be removed. (sent recorded delivery and rejected reciept)

Rang on two numbers both of which taken from the web site and rang unanswered.(funny way to sell stuff??)

So What can i do next? I am loathed to see a solicitor because of the cost.
 
Depending on the value involved I would go to Small Claims court. They will have no option but to attend and defend or they lose by default and then you engage bailiffs to recover debt. That will snowball into a nightmare for them if they continue to ignore.

A solicitor will cost and shouldn't be needed for Small Claims court. The whole idea of the court is to allow legal action without costly representation.

Couple of words of caution though:

1. Make sure you can substantiate your case in a court.
2. Don't bother taking action if they haven't got any money. You'll wait years to recover your costs, let alone any debt.
 
Find out who is hosting their website and involve them as well, explain you've attempted to resolve this with the company breaching your copyright but they're not responding. If they're a decent hosing company they should step in and remove the image as it probably represents a breach of the T&Cs their customer agreed to.
 
Photon posted in the other thread that the small claims court cannot be used in situations like this.

What is this guys' website m8? bear in mind it's been less than two weeks he may be on holiday somewhere.
 
i have spoken to him tonight and he recieved my email but chose to ignor it. He is stating that i did not have permission to take a photo of his stall. I have checked with the event organisers and they have no restrictions on photography.

I offered to sell him another two images for goods to the value of £50 but he said no and he wasnt going to ague the toss with me and hung up.

Where to now...?
 
Notts_Dave said:
Where to now...?
Click to expand...

He obviously doesn't want to talk to you about it so the only way to make him listen is to make it official.

Send him an invoice giving 28 days for payment and stating that if payment is not received then proceedings will be taken against him. By the way, when you invoice don't be lenient. Work out how many months you know the picture has been on the site and invoice for the lot. If it does go to court you may not be awarded the whole amount so best invoice high.

If you don't get any offer of payment then start proceedings in the small claims court. You'll be able to substantiate your claim provided you have the original file. He will have to prove that you gave him permission to use the photo, which of course he won't be able to do.
 
Send him a letter of intent to sue? Assuming you are that is, tell him pay up or take the image down permanently or you'll see him in court. If you are not willing to go the distance though forget it now, walk away and chalk it up to experience.

You didn't need permission to photograph his stall but he certainly needed your permission to use the shot you took.
 
Did you say that this guy was a member, if so its worth noting that he may be reading all this thread word for word and pre-empting your moves.

If you do take any more action be careful what you say in this thread :) :thumbs:

PS screw him for all he's worth, theft is theft, you wouldn't let him get away with your 42' Plasma TV would you? :bat:
 
Glen said:
Did you say that this guy was a member, if so its worth noting that he may be reading all this thread word for word and pre-empting your moves.

If you do take any more action be careful what you say in this thread :) :thumbs:
Click to expand...

Not really any reason to worry though. It's his image, it's been used without his permission, the third party has to compensate him for it. It's not a game of cat and mouse, unless the third party can show that he had permission to use the image he hasn't got a leg to stand on.
 
I would definately follow it through mate. Obviously another person who wants something for nothing.

You have the copyright to the image and based on the information you've given, he is infringing on this...
 
I'd pay him a visit. For £50.00 I'll do it for you:D. He's obviously an ignorant *rse and needs sorted out one way or another. Hope you have success.:thumbs:
 
I've been at work tonight and have swayed to and fro. I agree with all the advice you lot have given but can't help thinking i'm banging my head against a brick wall. Has anyone ever won one of these arguments? Anyone gone to court and had a result?

Yes he made himself a member and his one and only post was telling me how good the photo was.

I'm really disheartened about it and think it is another case of a bully getting his own way.

My GF does commercial debt recovery through the small claims court and tells me if it does go against us we could be looking at severalhundred pounds in costs. Worth it...i dont think so.

At the end of the day all i wanted was credit for my picture and he will not even allow me to send him another with my name on it. A5rse.
 
In the small claims court costs aren't awarded to the other side, unless a case of vexatious litigation can be proved (afaik). If you can't recover costs any other way, which you've shown you can't above) then you have no choice but to sue.

You're not going to get costs awarded against you for two reasons;

1. You'll win, there is no case.
2. The reason above.

:)
 
Perhaps worth proving your right, find a copy of the law where it states the image is yours and no permission needed to take, then a copy of the event organisers t&cs to prove no photography right withdrawn.

attach a copy of the invoice saying if payment not recieved in 14 days then you will see him in court. bill the whole amount as it will probably make it to the case and they will prob knock it down a bit anyway.

small claims court should be a simple affair and it is a open and closed book on who is right.
my tuppence worth.
 
I think i will go down the invoicing route. Do you think it is worth including all the screen dumps i made showing where i suspect he down loaded it and when?
 
If you are worried about being stuck with costs, visit a solicitor and ask wether you have a case, a first visit might even be free.
 
Just found this very clearly written booklet from the Interlectual Property office via th egoverments business link web site. Members may find it a useful quick referance

http://www.ipo.gov.uk/c-basicfacts.pdf
 
I'd like to thank everyone who has offered advice on this and my origonal post it is much appreciated.

I have decided on my course of action but think it's best not to say.

I will in due course post an out come.

Thanks for the support.

POWER TO THE PEOPLE !
 
Nope.

I wonder if it is advisable to show th eorigonal thread from a year ago which started the ball rolling. If he is following this it can't do harm because he posted on it.
 
:suspect:i wouldnt just to cover yourself. i do wonder if the rest of the images are legit or been stolen, there seems to be an aweful lot on there.:suspect:
 
I think some are video captures and hence the lower quality.
 
fletch5 said:
:suspect:i wouldnt just to cover yourself. i do wonder if the rest of the images are legit or been stolen, there seems to be an aweful lot on there.:suspect:
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I would like to know this sites name just so i can look and see if he has stolen any of my work. (highly unlikely)

Who is to say that he only coppied your shot?
 
I think anyone with half a brain can work out the site name so there is no point in posting it or the images.

What I'd do,

Send him an invoice 14 days to pay.
If no reply send him an invoice in red with 14 days to pay.
If no reply take to small claims court.
It might take time but he will have to reply sonner or or later.
If he doesn't, you win.
If he does, he is likely to say he took them, ask him for the exif data as we discussed in previous thread.
You have the data to prove they are your copyright!

There is no need to engage a lawyer but it might not do any harm.
 
kidnap his dog and blackmail him in to giving you the money

i am completely joking
 
admirable said:
I think anyone with half a brain can work out the site name so there is no point in posting it or the images.
Click to expand...

Not the most helpful advice I have ever seen you given ... :shrug:

Despite searching through this and the other thread, I was unable to find any reference to the offending site. I therefore used my half a brain cell to ask for help.

Helping people used to be one of the things that this forum was set up for I believe.

I would like to thank the people who did send me the details by pm.
 
Well said Kev :clap: We must both only have half a brain cell then because I haven't been able to find any reference to the offending web site either :shrug:

Thickos unite! :thumbs:
 
Oops, sorry if anyone is offended, it's just an expression and I didn't think it wise for Dave to post the link at the time as I am unsure of the legalities later on!
 
No offence taken :) All meant in the best spirit ;)
 
Please dont think it is odd i dont reply to these for a while, when most of you lot get in from work i'm on my way out on nights.

Anyway, yes, legal advice is being sort and i'm going down the invoice/small claims route. As has previously been mentioned it is highly possible the person in question is watching this so i'm a little cagey as to what i'm posting.

Thanks to all who have offered advice.

Cheers

Dave
 
Go to his profile and it will show when he was last active, even if it was just lurking..
 
I didnt know that. Very clever.
 
the site is up. Complain to his host that he has an image that isnt his and has no right to use, find his site host easily enough using who is or Network Tools. Alternatively buy the domain name www.*insert-his-url-isusingmyphotowithoutpermission.net and get it high on google...
 
why not trademark his business name (assuming he's not done it, and he maybe hasn't), then send him a letter giving him 28 days to remove the name, that you then own the trademark for, from everything business related.......
 
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