Image stolen, what would you do?

Discussion in 'Open Discussion' started by christian, Jan 17, 2015.

  1. christian

    christian TalkEmount Veteran

    447
    Apr 12, 2014
    Boston MA
    Hi guys,

    Been a while since I haven't posted anything on the forum. I have a new set of macros that I'm sharing day by day on flickr though. Don't hesitate to take a look if you used to like my pictures ;-)

    Anyway, I found one of my pictures stolen on the Internet yesterday by a Mexican brand. I sent them a message this morning but I don't expect any gesture of goodwill actually.

    Has it happened to you? What would you do? At first it made me laugh and I found it flattering, but then a little reward could do too LOL

    image.
     

    Attached Files:

    • Like Like x 5
  2. unlo

    unlo Sony ******

    Jan 19, 2014
    Ohio
    Matt
    Wow. I'd be slightly flattered. Then angry. Right after. Idk what i would do.
     
    • Like Like x 2
  3. davect01

    davect01 Super Moderator

    Aug 20, 2011
    Fountain Hills, AZ
    Dave
    1st, great image.

    2nd, not sure what can be done if it is an international company. If in the US there is claims court.
     
    • Like Like x 1
  4. WoodWorks

    WoodWorks Super Moderator

    Dec 12, 2012
    Ashland, OR, USA
    David
    I'd send them an email with an invoice. What do you have to lose?
     
    • Like Like x 2
  5. quezra

    quezra TalkEmount Top Veteran

    916
    Aug 22, 2012
    Remember that they probably got this ad done by an agency, so it is the agency that actually stole the image. If they do reply, you can try to drive a wedge between them and point out they got cheated as well, since the agency wasn't providing original work, while opening them up to potential litigation. It might help...

    Sent from my GT-I9505 using Tapatalk
     
    • Like Like x 5
  6. NickCyprus

    NickCyprus Super Moderator

    Oct 11, 2012
    Cyprus
    Nick
    Fantastic photo Christian! :thumbup:

    I've had this happen to me - if a polite first email doesn't do the job maybe a threatening email will...
     
    • Like Like x 2
  7. stripedrex

    stripedrex TalkEmount Rookie

    20
    Dec 18, 2014
    Well, worse case it's now part of your professional publication portfolio =).
     
    • Like Like x 2
  8. roundball

    roundball TalkEmount Hall of Famer

    Oct 8, 2013
    USA
    And copy their Better Business Bureau.....if they have one.
     
    • Like Like x 1
  9. roundball

    roundball TalkEmount Hall of Famer

    Oct 8, 2013
    USA
    Good idea...turn-about is fair play...use their AD as advertisement for your work
     
    • Like Like x 1
  10. davect01

    davect01 Super Moderator

    Aug 20, 2011
    Fountain Hills, AZ
    Dave
    Good point.

    If you choose to sue/ask for compensation, it could be very time consuming.
     
    • Like Like x 1
  11. chrid

    chrid Super Noob

    807
    May 5, 2014
    australia
    Chris
    +1
     
  12. christian

    christian TalkEmount Veteran

    447
    Apr 12, 2014
    Boston MA
    Some good ideas here. Thanks for the help!
    I sent them an email on Saturday morning. let's see next week if they ever reply.
    I like the idea of using it as a pro portfolio. LOL
    I only checked for 4 pictures of mine. I have to check for others too. I might be surprised.

    I'll keep you updated if I have some news from them :)
    Thanks again folks!
     
  13. Amamba

    Amamba TalkEmount All-Pro

    Apr 13, 2013
    SE MI
    I am sure there are ways to sue their business activities in the EU and US based on the theft of your intellectual property. Although the lawsuit may be more expensive than whatever you may hope to get out of it. Try asking question on POTN, they deal a lot with issues like this one.
     
    • Like Like x 1
  14. tjdean01

    tjdean01 TalkEmount Regular

    37
    Jan 14, 2015
    This. I would completely steal their images and in some way use them to your benefit. I would make a resume documenting the work you did for a Mexican company.

    The person who stole that image is a nobody doing a task he was paid peanuts to do. The company doesn't know where where got the image from and it has never crossed their mind. If asked they would guess it's Microsoft Word clip-art. If you did spend you time and money pursuing this, they'd just take some other clip art...or pay a photographer $100 to go out and take some similar pictures for their use.

    Unless if the payoff in cases like this is usually a large sum that will make a significant difference in your life, like $20,000 or more; and if you're likely to win, I'd stand flattered only. Now that you've contacted the company, if you do go for a lawsuit, all they have to do is take it down. I don't know how it would work if I judge had to decide: "So, they used your image for a while, but they took it down now, sooooo, I award you $1."
     
    • Like Like x 2
  15. SpaceManSpiff

    SpaceManSpiff TalkEmount Top Veteran

    547
    Dec 13, 2013
    Tucson, AZ
    Eric
    Well, I suppose it is a back-handed compliment to be 'theft-worthy'. :rolleyes:

    Given the daunting logistics of pursuing this legally, I would send them a registered letter (for documentation purposes, not because you expect a response) and use their ad in your portfolio and call it a day.
     
    • Like Like x 1
  16. izTheViz

    izTheViz TalkEmount Top Veteran

    537
    May 10, 2013
    Paris
    Yannis Marigo
    Christian,

    This is a mail I received a couple of months ago in my Flickr mailbox. You should read (and all the other guys here) it cause indeed I can download your photo, just checked.
    Take care.

    Yannis

    ----------------------------------------------------

    I want to tell you that if you click d on your picture I can download your picture at original size. You can check yourself when you check out of Flickr and then go as an “outsider” to your photostream.
    If you are on All Rights Reserved, I really doubt you want this. In any other case you still can see if you want this or not.
    You can change this if you go into your Settings. Hover over your icon which you see in the right upper corner. Choose Settings, then Privacy & Permission. Then fill your settings in like follows :
    Who can access your original image files? Only you edit

    Allow others to share your stuff No edit


    There is something not very clear in the language used. For me sharing means using a link which goes to your photostream; for Flickr nowadays sharing means downloading at original size. Sharing will be always possible, you can do nothing against it. If you don’t want that people download your picture, then you really have to change the second sentence into “No”.
    Knowing now this can happen without that you know, the best thing for even better protection is to watermark your pictures. You even can replace your older pictures by a watermarked version.
    I myself left Flickr after 6 years having been daily on Flickr but I want to keep this account to warn other people who do not know. I won’t read your reactions and so I will also not answer. I am not keeping a list of the people I sent this message to, meaning you might get it several times. If you do not want to change your settings and no longer want to get this message very simply go into my (non existing) photostream, hover over the 3 dots and there you see “block”.
    Take care of yourself. Kind regards.
     
    • Like Like x 2
  17. serhan

    serhan TalkEmount All-Pro

    Aug 27, 2011
    NYC
  18. SRHEdD

    SRHEdD TalkEmount Veteran

    396
    Nov 25, 2012
    Viera, Florida, USA
    Steve
    Grab some copies if it is print. MUCH harder to go back later and find them. For portfolio or legal use, grab them now.
     
    • Like Like x 1
  19. christian

    christian TalkEmount Veteran

    447
    Apr 12, 2014
    Boston MA
    Thanks Yannis for the info. But first my pictures are watermarked on Flickr, second, I upload low resolution versions, so they don't have the original size, and last but not least, it's not because they can technically download any picture on the web (cause let's face it, anybody can download any picture, even the best protected ones) that they're allowed to use them for commercial purpose. It's a thing to download it for one's smartphone wallpaper, and it's something else to take it and use it for a company advertisement in a whole country. If they want it, it's available on my shutterstock portfolio, they have to pay, but they would have the real full resolution this time.
     
  20. christian

    christian TalkEmount Veteran

    447
    Apr 12, 2014
    Boston MA
    I know that article. This guy has almost a hundred pictures borrowed like he likes to say it. Impressive! It's hard not to use the Internet anyway. Especially as I try to make our online magazine work LOL Don't hesitate to take a look btw ;-)