Using images without permission

[Geoff M]

Hi Guys

Can anyone offer some advice on the use of one of my images without permission being sought or granted.

The image in question (below) was taken by me in Oct 2009 and is posted on my Zenfolio site, not sure if I have posted in the public domain elsewhere, but I can check this out.

I have today received an email for a newsletter I have subscribed to and low and behold there is my image in all its glory albeit with a small crop. Now I know it could be possible for someone to take a image from the same spot but doubtful it would have the same cloud formations! See here http://www.teammoto.com.au/teammoto-eve ... ontent_1_5

Is there anything I can do to seek compensation?


Thanks in advance.

[Alpha_7]

No doubt its your picture unless some photographer was standing right next to you. I'm sure others will have more detailed suggestions, but I'd send a polite email to the editor or the contact us email address if you can find one. In the email I'd politely point out that your image is being used without consent, and that's a breach of copyright. Offer the the option of providing suitable remuneration for the use of the photo, or that it be removed / or a retraction sent out.

Something along those lines, but trying not to be too angry or confrontational..

[surenj]

Sorry to hear about this! Fancy receiving a newsletter with your image!!

There is a few threads on the strobist site on this issue.

I think DH usually sends a firm letter using lawyer, legal action etc.

[gstark]

Geoff,

There's lots you can do, but it may become a question of how ugly you want to get, based upon their attitude to your claims.

First of all, you need to grab a screenshot of the website, with the image in question. I'd probably save it as a PDF.

You need to decide what remedy you wish to seek. If this would be a source of income for you, then you may be entitled to claim something, but at, ultimately, what cost?

Consider their position (which is not your concern, but it does have relevance ) when you approach them about this. What are their options: pay you? Remove the image? ignore you? Think seriously about these potential options.

Given that they seem to be associated with a commercial entity, I think it might be worth pointing out the error of their ways. You should state that you are the photographer who made that image, that it appears to have been taken and used without your approval or permission, that they have denied you of your proper remuneration for this image, and that your normal fee for a limited use license is $x.

The email should be polite, and sent to whomever seems to be responsible for this site, and I would also send a copy to the principal of any and every related organisation. Include a copy of the PDF you've taken, as well as a link to somewhere where they may be able to view a copy of your original image.

Appropriately annotated with suitable copyright messages.

Ensure that you include your own contact details, including a phone number.

That's, of course, if you want to seek remuneration. Alternatively, you could just ask them to take down the offending image, or if they're unresponsive, an email to their hosting provider, claiming breach of copyright and asking them to take down the offending site.

[stubbsy]

What Gary said, but I'd also check there isn't some odd Zenfolio clause that lets them use images from there for free. I know there was a big fuss a year or two ago when this happened to people with images on Flickr whose work was used by (I think) Vodafone for billboard ads, but the Flickr service terms allowed it unless you explicitly stated otherwise.

Just a thought

Oh and I'd be bloody pissed off too Geoff!

[aim54x]

I would definitely try to do something about it. Gary seems to have some good suggestions (esp the PDF idea)

[Geoff M]

Thank you all for your thoughts, I am currently compiling a carefully worded email based on your feedback and suggestions.

I will let you know what response I get.

[biggerry]

Sorry to hear about this! Fancy receiving a newsletter with your image!!

I agree, what are the chances of this happening!

As suren said have a poke around various aussie forums, there are quite a number of threads with this style issue discussed.

In a nutshell though, Gary has pretty well summed it all up

[surenj]

Also in addition to all the other great suggestions, I would take the screenshot AND post it/ftp it online somewhere to prove that the date is relatively authentic etc etc...

Good luck and please let us know the outcome.

Fingers crossed.

[Geoff M]

Consider their position (which is not your concern, but it does have relevance ) when you approach them about this. What are their options: pay you? Remove the image? ignore you? Think seriously about these potential options.

You are bang on the money Gary with the third of the options you have posed......they have ignored me I have tried to contact them via the email address on the newsletter so alas, I will now try to find an alternative contact method.

[gstark]

Geoff,

Ok, do you have a phone contact?

Regardless, issue a takedown request to the hosting service.

Find out the IP address that the site is hosted from (ping sitename). Then do a whois on the ip address, and send an email to the abuse address of the hosting service.

In that email state that you are the owner of the IP in the image, and that the image has been pblished by the site without your approval and in breach of the copyright that you hold in the image. Also state that you have written to the site owners, but that they have failed to respond, and thus you have been left with no alternative but to request that the site be taken down until the matter is resolved to your satisfaction.

You might want to also do a whois on the site's domain name, to see if that brings up anything further.

Good luck.

[gstark]

Here's a bit more info.

Domain Name: teammoto.com.au
Last Modified: 24-May-2010 00:10:38 UTC
Registrar ID: Melbourne IT
Registrar Name: Melbourne IT
Status: ok

Registrant: Team Moto Pty Limited
Registrant ID: ACN 092300831
Eligibility Type: Company

Registrant Contact ID: Z126605023714237
Registrant Contact Name: Bob Donovan
Registrant Contact Email: Visit whois.ausregistry.com.au for Web based WhoIs

Tech Contact ID: W124655079855995
Tech Contact Name: Domains Administrator
Tech Contact Email: Visit whois.ausregistry.com.au for Web based WhoIs

Name Server: ns1.conetix.com.au
Name Server IP: 202.74.64.4
Name Server: ns2.conetix.com.au
Name Server IP: 202.74.65.4



Name TEAM MOTO PTY. LIMITED
ACN
092 300 831
ABN
90 092 300 831
Type Australian Proprietary Company, Limited By Shares
Registration Date 03/04/2000
Next Review Date 30/06/2011
Status Registered
Locality of Registered Office Brisbane QLD 4000


You should be able to get a phone number from this info, and also try to find out who Bob Donovan is.

conetix.com.au hosts their DNS, see if they also host the site.

[Geoff M]

OMG Thanks for the info Gary. I will see where this takes me.