Use of a Photo Image

scobyobrien

Hi guys and gals,

Sorry if this is in the wrong thread, so move if appropriate.

Recently, a reputable company(or so I thought) used one of my images on social media and cropped out my watermark, didn't credit me and used it without my permission. When I spotted it, I advised them on their page that they cropped out the watermark and didn't have my permission.

Several members were agreeing with me and that I should invoice them off, to which I did after several hours of not hearing back from them. I should point out that I messaged them and attempted phone calls to them but I was passed about and given several different numbers. I eventually got on to customer service(pissed off at this stage) and asked who can I invoice off for the illegal use of my image and they gave me an email address that I sent the invoice through PayPal.

I just wanted to know if people who take photos for a living, has had this problem and if so, how successful were you in getting money out of them.

The person who put the picture up eventually called me and apologised. He said he would take it down straight away, but I told him that if I walked into their business and stole something from them, they would call the Gardai and get me charged. I also said that if I just said sorry, would they let me off and before he answered, I told him 'of course you bloody wouldn't'. I also pointed out that he has given the impression to all their followers/people who like the page, that it is ok to just take any image and stick it up. He also told me that they used software to copy the image and this was so that they could enhance it for their purposes. So to me, people may have copied the image and when I do go to sell it, that picture may not get me anything. Before anybody says anything to me about selling, yes I am aware that I may not have sold it but I feel that by this company/business using my image, many people would probably steal it from them to use for their own purposes, commercial or personal.

To me, this is stealing and all my equipment is not free and I need money to life. This is why I put my pictures up in the hope that somebody will use them and will contact me before they do to discuss money. I would love to hear from people who do this for a living more than somebody who has a day job and does this for a hobby, but every input and angle will be much appreciated.

Thanks in advance

ScumLord

scobyobrien wrote: »

I just wanted to know if people who take photos for a living, has had this problem and if so, how successful were you in getting money out of them.

I think it's probably fair to say a thread like this gets started maybe once a month on here. It's a common problem, many, many companies do this, often they simply don't know any better, the internet is seen as a place of free stuff that anyone can use. Sometimes companies are doing it because they usually don't get caught. It only really becomes a problem is they start taking photos from locals that will see their work being used.

They did steal your work, the law is on your side, stick with it, try and strike up some rapport, avoid going to a solicitor if possible as you could end up paying out more money than you'll get back. If they don't know any better, educate them, there's the possibility of getting work off them if you haven't been to aggressive up to now.

CabanSail

Where did they lift the image?

I think that some sites have exclusions in their T&C's that allow sharing if upload images. It may be worth reading the stuff we all tick as having read and agreed in the first place.

scobyobrien

CabanSail wrote:

I think that some sites have exclusions in their T&C's that allow sharing if upload images. It may be worth reading the stuff we all tick as having read and agreed in the first place.

It was on instagram. I have sent the invoice and told them that they can keep the image now as they took it already, I included it in the invoice that part. If they don't get anywhere I will take it to the small claims court. Won't go near a solicitor but will see how it goes first. I've given them within 30 days to pay so we shall see.