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Old 08-09-2014, 12:57 AM   #1
MIOB OP
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I could use some (bike related) legal help

I'm a regular poster to the old's cool part of ADV. I am also a photographer and you can find more then a few of my photos in the girls on old motocycles thread (and on my website).

ALL these photos have a copyright logo. I've never posted them on websites that harm my rights to the photo (like facebook).

You'll probably guess what's coming: A Melbourne based clothing company has used one of those photo's. They printed it on a shirt which is being sold worldwide. They never asked for permission.

The photo (I won't post it. Yet.) is part of a shoot that took me hours to prepare, it took us (me, the girl and a few helps) hours to shoot, it killed one of my flashes and it took me hours to process. Now someone else pressed ctrl+c and then ctrl+v and minutes later is making money off of my photo.

This severely pisses me off.

As soon as I found out I have send them an email notifying them that they have committed copyright infringement and gave them a price for the use of the photo. I also gave them 2 weeks to respond.

After a week there was no response so I called them. The guy on the other side fell quiet quite a few times and in the end promised me a proper response before the end of this week. You guessed it: No response.




I am not interested in the money for the photo. I don't care. I just want this kind of bullshit to stop (it has happened before, more then once). I want to see them burn.


I will start legal actions against the distributor in Europe (conveniently located in my homeland), but I could use advice on how to deal with the company in Melbourne.
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Old 08-09-2014, 01:15 AM   #2
GazzaFish
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Seek legal help. You should be able to get a feel for your next actions without spending anything if you ring a few legal companies??? They will tell you straight away what your position should be and if they are interested helping you... I think..

Disclaimer: Im guessing here and have no legal skills whatsoever
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Old 08-09-2014, 01:20 AM   #3
Tradey
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Cease and desist

I find a Cease and Desist letter on a Lawyers letterhead will fix 75% of problems in Australia. As long as your photo or website had your copyright mark on it, anyone, including third parties are bound by Australian copyright law.

Use a Cease and Desist Letter if:

  • You want to formally tell someone to stop.
  • You’re being harassed.
  • You’re a victim of copyright or trademark infringement.
  • You own a business and want to be prepared for worst-case scenarios.
There are plenty of free templates on the net which are not COPYRIGHT and you can use yourself. I would imagine in your profession this would become a common occurance, so maybe it's time to swat up on this for now and in the future...
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Old 08-09-2014, 02:02 AM   #4
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For $50,000 I can make it all go away
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How the hell did you get all this together?

It just happened, Max, you know?

A p-p-p-p-piece from here and a p-p-p-piece from there.
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Old 08-09-2014, 02:05 AM   #5
Knackers
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Beautiful website and photos btw
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How the hell did you get all this together?

It just happened, Max, you know?

A p-p-p-p-piece from here and a p-p-p-piece from there.
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Old 08-09-2014, 03:41 AM   #6
gateman
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Like Tradey said. a Cee&de should be all you need to get issued.
After all you have paid for that protection as part of your copyright agreement.

I do have to wonder why you don't post protected images if you've had this sort of problem before though.

Good luck.
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Old 08-09-2014, 04:02 AM   #7
MIOB OP
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Thanks for the advice, I had never heard of a Cease and desist letter before, makes googling a lot easier.

Quote:
Originally Posted by gateman View Post
Like Tradey said. a Cee&de should be all you need to get issued.
After all you have paid for that protection as part of your copyright agreement.

I do have to wonder why you don't post protected images if you've had this sort of problem before though.

Good luck.
All photos are automatically protected, even without a watermark or statement. Nevertheless I don't post photo's without watermarks (they must have removed it).
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Old 08-09-2014, 04:07 AM   #8
Happy Snapper
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Mate as a fellow pro photographer go them.

Don't stuff about.

Unless... the conditions of the websites you have published them on state that they re now public domain.

Years ago I found the local K Mart copying my wedding photos.

It was unfortunate.. for them!

Check where you stand and go for it!
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Old 08-09-2014, 04:18 AM   #9
panhead_pete
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Lawyer up and cash in. They have ripped you off deliberately. There could be a couple new cameras in this for you.
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Old 08-09-2014, 06:29 AM   #10
stujamur
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I shoot a lot of property and my images often get used without rights to do so. Sometimes I can make more money long term by creating a relationship with the business using them . They might pay you for the use , commission you for a shoot ? The hassle and cost of legals can be taxing, although it is important they know it's wrong ... Maybe there is a good opportunity for you here ?
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Old 08-09-2014, 06:40 AM   #11
WayneC1
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There are a number of recent legal precedents re unauthorised use of images lifted from the web, do a google search they should come up then see if you can contact the legal people involved in those cases, you make it clear on your site that the images are copyright so you should come though on the winning side
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Old 08-09-2014, 08:14 AM   #12
*nick*
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Hi mate, i'm a fully qualified Photographer (BFA RMIT Unjversity) and currently work for the government in the museum sector (digitisation). I HIGHLY recommend you contact the fine people at ArtsLaw Australia on their toll free number- Arts Law is Australia’s independent national community legal centre for the arts. It exists to help people like you and I in situations like this. Please let us know how you get on. best of luck, you deserve justice.
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Old 08-09-2014, 03:10 PM   #13
woopwoop
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This thread is handy for identifying the potentially litigious.
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Old 08-09-2014, 05:00 PM   #14
Tony T
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Are an AIPP member?
Industry associations are invaluable with problems like this and you would get all the legal advice and support from them if you are a member.
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Old 08-09-2014, 05:21 PM   #15
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MIOB

Do you know if the pics were taken by a member of the public or a member of ADV and if so do you know his /her username?

Copyright violations are taken seriously here on ADV see the rules.

Feel free to contact me by PM.

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