Should I do anything about my image taken and used in a business?

[Alan Edward Klein]

Ask them if they would like to hire you to do a full photo expose on Quebec for them.

 

[xkaes]

"Before you head to court, see if you can resolve the copyright infringement amicably without lawyers. Contact the person to let them know that you detect a copyright violation. Err on the side of giving someone the benefit of the doubt, and see if they made an innocent mistake in plagiarizing your original work."

"“The next step is to contact the company hosting the site (aka the "online service provider" or "OSP") and ask it to disable the infringing site,” according to Moz. “The DMCA [U.S.'s Digital Millennium Copyright Act] provides incentives for OSPs to disable infringing sites by offering them immunity from lawsuits if they respond quickly to take-down notices.”"

This (above) is the way to go.

You can ask the offender, and if that doesn't work, the hosting service -- but they will likely just ask the offender. I've had the same problem, but because the offender and the server are in different countries, it's a waste of time.

If none of that works, your only recourse is to hire an attorney with international copyright experience -- NOT CHEAP -- and might not make any difference at all.

So if you ask the offender to remove it, and they refuse, there's not much you can do -- unless you have a lot of $$$$$ and time.

That's my experience -- and my nephew specializes in international copyright law.

 

[Pieter12]

Ask them if they would like to hire you to do a full photo expose on Quebec for them.

If they (more probably their online advertising firm, a freeelancer or in-house department) stoop to stealing images from the internet, I doubt they are going to fork over the money to do a commissioned shoot. This egregious disregard for a photographer's rights is usually the result of ignorance and entitlement--if it is on the web, it is up for grabs. If the company that has used your photo is large enough, getting in contact with the owner, CEO or other higher-up will usually result in some sort of action, from an offer of recompense to the removal of the photo from the website, maybe even some heads rolling or at least a good slap on the wrist. All depending on how much of a stink you are willing to make.

 

[Nancy123]

I appreciate all the input, everyone! Thank you! I read every one and thinking about my next move. Mostly, I think it's the principle of the thing. At this point, it's probably going to be educating them about what they have done and ask that it be removed.

Background (if interested): The photo is from a 2006 trip to Quebec City and has been on my websites ever since. My kids and grandkids were just there last week and I asked them to find the spot, for fun, and take a picture. They did and it looks very different now. (See photos). I did an image search and a number of photos came up, including mine (the one that is posted on the business website here, scroll down.) There was only one other photo that had the bicycle in the search, which does not appear in the source website. So all in all, my photo is proving to be almost rare, at least on the web in an image search.

I will update back here what happens next.

 

[BMbikerider]

You definitely need to pursue this issue. It is a gross violation of your rights, and a bad example for others to wantonly steal from those who are trying to make a living as photographers.

The main problem could be if all the evidence is there, the potential cost of legal action started in Canada for an infringement in Switzerland. OK if you win, but could be a disaster if you don't.

 

[Pieter12]

The main problem could be if all the evidence is there, the potential cost of legal action started in Canada for an infringement in Switzerland. OK if you win, but could be a disaster if you don't.

At this point, I don't think you need a lawyer to be involved. Just the threat of legal action. If it was an honest mistake, they might want to do right by you. If you are a member of an association like the ASMP in the States, they might have a legal team willing to take on your case. Otherwise, the chances of recovering the cost of a lawyer are close to nil unless the company is a big one with deep pockets and a public image they don't want tarnished. But then they will probably have a legal department or lawyers on retainer to make you go away.

 

[BrianShaw]

Whew... read the GoSee legal notice/ Terms and conditions. They certainly seem to have a slick lawyer working on their behalf.

 

[Nancy123]

Whew... read the GoSee legal notice/ Terms and conditions. They certainly seem to have a slick lawyer working on their behalf.

I did read those. Amazing how they state everything on the site "belongs" to them!

 

[MattKing]

I did read those. Amazing how they state everything on the site "belongs" to them!

It's roughly the same on any sharing site.
If one runs such a site, it is necessary to be able to control what happens on the site, and to be able to use what is on the site to promote the site.
Good luck trying to use that language to sell use of a photo uploaded by someone to a 3rd party.

 

[Nancy123]

Update already: I politely but firmly informed them they had my photo and need to either take it down, give me credit, or compensate me fairly. Within an hour I got this reply:

"Oups...so sorry...
I will see to have it removed asap."

So, it was the principle of the thing to me. They are a photography production service, no less. You'd think they would know better!

 

[xkaes]

I'm glad it worked out for you. It hasn't for me -- but it's not just one website that has stolen my stuff. I think it's funny when they claim the material is original, but somehow MY "typos" end up on THEIR website.

 

[BrianShaw]

Update already: I politely but firmly informed them they had my photo and need to either take it down, give me credit, or compensate me fairly. Within an hour I got this reply:

"Oups...so sorry...
I will see to have it removed asap."

So, it was the principle of the thing to me. They are a photography production service, no less. You'd think they would know better!

That’s great. Hope they follow through, and if they don’t I’m sure you’ll remind them.

Both organizations seem quite legitimate and professional. Sometimes, though, web presence is done by an external organization, contractors, and it seems that lapses of ethics or procedures happen more frequently.

Judging by their response, though, it seems that your concern should be addressed. Too bad they won’t pay you; it’s a really cool image.

 

[Nancy123]

That’s great. Hope they follow through, and if they don’t I’m sure you’ll remind them.

Both organizations seem quite legitimate and professional. Sometimes, though, web presence is done by an external organization, contractors, and it seems that lapses of ethics or procedures happen more frequently.

Judging by their response, though, it seems that your concern should be addressed. Too bad they won’t pay you; it’s a really cool image.

Thank you, it looks like they got their legal department involved with a another email copied to me. I offered to let them keep it for a fee. To be determined

 

[awty]

That’s great. Hope they follow through, and if they don’t I’m sure you’ll remind them.

Both organizations seem quite legitimate and professional. Sometimes, though, web presence is done by an external organization, contractors, and it seems that lapses of ethics or procedures happen more frequently.

Judging by their response, though, it seems that your concern should be addressed. Too bad they won’t pay you; it’s a really cool image.

Well if it was worded differently it may of lead somewhere. Its best not to demand if you want to work out a business deal.

 

[Nancy123]

Well if it was worded differently it may of lead somewhere. Its best not to demand if you want to work out a business deal.

I politely gave them three choices: take it down, give me credit, or pay me a fee. It really doesn't matter to me. I think they're just going to remove it, so that's OK. The whole point is that they needed to know what they have, a stolen photo.

 

[retina_restoration]

It's curious how many people need to hear the words "Stealing your photos is NOT flattery" before they recognize what's been done to them.

 

[Nancy123]

It's curious how many people need to hear the words "Stealing your photos is NOT flattery" before they recognize what's been done to them.

You are correct and I knew that. I don't know why I even said it...

 

[retina_restoration]

You are correct and I knew that. I don't know why I even said it...

Just to be clear, my comment wasn't meant as a criticism (in case you read it as such), simply an observation (about most people).

 

[Nancy123]

Just to be clear, my comment wasn't meant as a criticism (in case you read it as such), simply an observation.

A good observation and needed to be said. It's not flattery to steal a photo because one likes it. It's still theft. Was dumb for me to say it.

 

[Sirius Glass]

I politely gave them three choices: take it down, give me credit, or pay me a fee. It really doesn't matter to me. I think they're just going to remove it, so that's OK. The whole point is that they needed to know what they have, a stolen photo.

Exactly!

 

[awty]

I politely gave them three choices: take it down, give me credit, or pay me a fee. It really doesn't matter to me. I think they're just going to remove it, so that's OK. The whole point is that they needed to know what they have, a stolen photo.

You gave them one real choice they could make. You could of just asked them to remove the picture and 99% of the time they would comply. If you wished to do business with them you could offer a proposal that could benefit both of you.
Regardless of what people think most small business just earn a modest income if their lucky, every time you have to spend money it must be justified. Using generic photos from the net is common practice, I have used them for my own business and would of responded exactly the way this business owner responded, but if the owner of the photo responded with an offer for more similar pictures I would definitely contemplate.

 

[Nancy123]

You gave them one real choice they could make. You could of just asked them to remove the picture and 99% of the time they would comply. If you wished to do business with them you could offer a proposal that could benefit both of you.
Regardless of what people think most small business just earn a modest income if their lucky, every time you have to spend money it must be justified. Using generic photos from the net is common practice, I have used them for my own business and would of responded exactly the way this business owner responded, but if the owner of the photo responded with an offer for more similar pictures I would definitely contemplate.

Thanks, awty. This has been an interesting thread, and it got pretty long. I provided some back story a few posts ago. The company that took it was a large photography production service so they should have known better. I took the photo in 2006 and really don't have more that would be of interest to them. They apologized and said they would take it down and find out how their SEO person got it in the first place. It could have been many years ago. I'm hoping they will tell me so I'll know, too.

 

[Pieter12]

You gave them one real choice they could make. You could of just asked them to remove the picture and 99% of the time they would comply. If you wished to do business with them you could offer a proposal that could benefit both of you.
Regardless of what people think most small business just earn a modest income if their lucky, every time you have to spend money it must be justified. Using generic photos from the net is common practice, I have used them for my own business and would of responded exactly the way this business owner responded, but if the owner of the photo responded with an offer for more similar pictures I would definitely contemplate.

The use of photos to promote your business is a justifiable expense, "Generic photos from the web"? Someone took those photos and the use of them without permission and compensation is theft. Photgraphers are small businesses too. Don't take anything for granted. How would you like it if someone stole from you?

 

[Pieter12]

Thanks, awty. This has been an interesting thread, and it got pretty long. I provided some back story a few posts ago. The company that took it was a large photography production service so they should have known better. I took the photo in 2006 and really don't have more that would be of interest to them. They apologized and said they would take it down and find out how their SEO person got it in the first place. It could have been many years ago. I'm hoping they will tell me so I'll know, too.

It also makes one question their overall ethics and service. If they are showing your photo as an example of a location in Québec, shouldn't they have scouted that location (and taken their own photos)? I have worked with such services in the past, and expected all the imagery for a proposed location to be up-to-date. As your later photos show, the bicycle is no longer above the doorway. That could have been something that sold a photographer or director on the specific location, and wouldn't be there when they arrived. Also, what if the owner of the premises didn't want to allow their building shown in a production? I know that I have, in least one instance, had a location scout come to my door asking if I would be willing to use the exterior of my house as a background for a commercial shoot. So permission is needed, beyond whatever municipal permits may be required.

 

[MattKing]

A large percentage of small businesses can't afford to commission photography or pay substantial amounts to license it. They are limited to photography that is free of royalty cost or, more and more, AI generated imagery.
That being said, even in this time of near revolutionary disruption to photographic markets, their is no excuse for not doing the right thing with photographic images that, at least until recently, had commercial value.