Someone using one of my images without permission!

[Rob_B]

Well chaps, thanks to boredweegie I've found that someone has used one of my images without permission, I know this is commonplace but it's not on. I'm taking them to record the build and I don't know where I stand.

If you compare this..



to the homepage of scotlandbuildexpo.com (not linked I don't want to give them traffic!) it looks like they've cropped and mirrored my image!

The men standing around in the background and the bouys are in the same position, I know it'll be common for shots to be taken from the same position but this is clearly mine!

Any suggestions guys?

[Bobster]

you have a number of options as you own the copyright

much money is to be paid to you however!

[stevie lee]

do you have that "Request to license" enabled on your account?

if not, then asking them nicely to not use it is the first option.

then see the Guidelines page https://www.flickr.com/guidelines.gne

Copyright Infringement.
If you see photos or videos that you've created in another member's photostream, don't panic. This is probably just a misunderstanding and not malicious. A good first step is to contact them via FlickrMail and politely ask them to remove it. If that doesn't work, please file a Notice of Infringement with the Yahoo Copyright Team who will take it from there.

You may be tempted to post an entry on your photostream or in our public forum about what's happening, but that's not the best way to resolve a possible copyright problem. We don't encourage singling out individuals like this on Flickr as it could be seen as harassment which is against our guidelines

do that first.

[Bobster]

just send them an invoice for usage of the image

[Rob_B]

I do believe I've got the license option thing ticked, never thought I'd need it though

As it's not on Flickr I don't see what they'll do but they've obviously taken it from there as it was only posted here/on my stream :/

I was going to contact them but no idea what stance to take, never thought I'd need to do anything like this!

[stevie lee]

the 'yahoo copyright team' might have methods for infringement out of flikr, may aswell ask them.

don't do anything rash (just yet) it may jeopardise any legal help you receive. follow the guidelines first then 'other stuff' after.

just my opinion.

[Rob_B]

The flickr options just seem to lead to filing a DMCA notice if it's on the yahoo network, so looks like a non-starter. Licensing is US only on flickr anyway so I guess this is just a case of me contacting them, any suggestions on what to say/ask for? :/

[Splash]

I'd go with Bobster's stance: they've appropriated your image without attempting to contact you to at least ask permission.

http://photo.stackexchange.com/quest...out-permission seems to be a pretty decent discussion on your quandary though.

[Bobster]

screenshot the site, find out when the site went live, charge them a daily rate for usage since the site went up. and then add a fee for improper usage.

and don't take any sh*t about it's not their fault. they are responsible for the site, if they have a problem with their web designer, then they need to recover their costs from them!

[TheAnimus]

IANAL, but it's a UK firm.

I'd definitely invoice them. I would also write a letter to the company secretary, that informs them of the usage without permission, but also the fact they are not in compliance with the Companies Act. http://www.theregister.co.uk/2006/12...il_regulation/

I'm guessing it's 06401622.

The fact is their web team clearly needs a kick up the arse, not only are they stealing peoples work, but they are failing to act in the manner required for company communication.

[Rob_B]

Cheers for all the advice guys, to be honest I'm not even sure what I would put as a charge for a single image, I'm not going to be greedy here.

I know this is a very 'it depends' question but what would the going rate be for something and is there anywhere i can pull some sort of agreement for usage of it? Or would a "give me £x and use my picture how you want for as long as you want" suffice?

Cheers again folks

EDIT: Well, email sent, no figures mentioned yet so we'll see but I would appreciate if anyone could give me a ballpark to aim for?

Rob

[Galant]

Seen this?

http://www.londonfreelance.org/feesg...+use+of+photos

[Rob_B]

That's a good one thanks, is that about what others charge?

[Galant]

Honestly no idea. Not a photographer.

[Galant]

Here's a Google search with a few results: https://www.google.com.gi/search?q=h...spv=1&ie=UTF-8

[jimborae]

Yep sure looks like they've nicked your picture and in a big way, cheeky bar stewards. Take 'em to the cleaners!