Business using images of others' work as their own, what to do?

Acoshla

Hi All,

Hope this is the right place to look for advice on this, if not mods please point me in the right direction.

It came to light last night that a company in Drogheda have been using images of mine and other peoples' work as profile photos on their facebook page, which as they don't have a website is their main "site". She is unashamedly using photos belonging to at least 4 other people as her photos, therefore leading her customers to assume that she did them, not others.

Myself and some of the other business owners tried to contact her, I messaged her, another left a comment on her wall, to tell her to remove them or we'd report her to facebook, she blocked the few of us and that was it, didn't remove them. She has enraged the small community of Irish people doing our business, as we have a facebook page for Chat and everybody knows about it now.

I and others have reported her to facebook, late last night, does anyone know how long they take to follow up on things like this or anything else we can do? I know of another business who when contacted by the owner of the work being passed off on their site removed them immediately, this one is obviously brazen enough to continue the charade and lie to her customers.

Any help or advice appreciated?

Spadina

PCPhoto

Copyright infringement - sue sue sue

Seriously - send her an email demanding removal of the images and send her a bill for illegal usage of your work, the faster people learn that images used online follow the same rules as an image printed...it is the property of the copyright owner and any use must be paid for.

I work as a photographer and if she is possibly getting clients off of your work - then she is getting work under false pretences, this could be worth several thousand to you*.

*=assuming you can prove she used your images and falsely claimed they were her own.

NOTE: you do understand that by uploading the image to facebook you give facebook the right to use the image in any way they want.....read the terms and conditions.

Acoshla

Thanks PCPhoto,

I understand that facebook can use my photos, I have read the terms and conditions, before I uploaded any business photos, but that's not facebook using them is it? It's her. The thing is these photos are also on my website, where they were first, so it is always possible she got them there too. And when you upload photos on to facebook you have to tick a box to certify that they are yours to upload, so she was fraudulently agreeing to that wasn't she?

I have already asked her to remove them, as have the others involved, but nothing. At least 5 people have reported her to facebook. I'll email her now saying the same.

Thanks

antoinolachtnai

You can fill in this form:

http://www.facebook.com/legal/copyright.php?copyright_notice=1

http://www.facebook.com/legal/copyright.php

This is a notice under the US Digital Millennium Copyright Act. It might seem odd that you can do this from Ireland to an Irish company, but since FB is a US company, you probably can.

Be sure that you do actually own the rights before filling this in.

Acoshla

antoinolachtnai wrote: »

You can fill in this form:

http://www.facebook.com/legal/copyright.php?copyright_notice=1

http://www.facebook.com/legal/copyright.php

This is a notice under the US Digital Millennium Copyright Act. It might seem odd that you can do this from Ireland to an Irish company, but since FB is a US company, you probably can.

Be sure that you do actually own the rights before filling this in.

Already filled in that form last night, that's what I meant when I said I had reported her to facebook.

And sorry if this is a stupid question, but if they are photos of my work that I took and that I uploaded, aren't they mine and I own the copyright?

antoinolachtnai

yup, they are certainly your images and your copyright so.

That form is a bit more than a report, Facebook now have to put your statement to the other party and get a sworn statement from them, or alternatively, take it down. If they don't, Facebook open themselves to legal action from you.

Mozart1986

Take snap shots of the facebook page with photos up for your records. I presume you know how to do this, but since I only found out its: "fn-prt sc" at the same time:)

Acoshla

The page has disappeared now so can't, but in the report thing I had to provide a URL link to where it was, and I'm assuming the powers at Facebook can see it even if we now can't. I sent her an email earlier telling her to take them down and to confirm by reply email that it was done, nothing, she has serious nerve.

The worst thing really is that she was using photos from another Drogheda based business as her own, and on an album of photos where someone had apparently commented "Great work, well done" she said "Thanks so much". Cheek.

Thanks for ye're help and advice, I think I've done all I can and have to wait and see now. Hopefully Facebook are tackling it now.

91011

You can also put a little note on your facebook page saying that usage of image are permitted once a fee of €100 per image is paid. - Then just send her a bill.

Another way is to find her address and send a letter from "Joe Bloggs Legal Advisors" (not solicitors) asking for all copywrighted images be withdrawn or else court action will be atken and all costs in relation to the court action will be borne by her.

Acoshla

Update:

Facebook just emailed me to say they have removed the copyright infringement for violating their statement of rights and responsibilities, so a happy ending I guess.

Now to remove all my photos and watermark them....

Gloomtastic!

Spadina wrote: »

Update:

Facebook just emailed me to say they have removed the copyright infringement for violating their statement of rights and responsibilities, so a happy ending I guess.

Now to remove all my photos and watermark them....

Viewing watermarked images is very annoying and more likely to deter potential customers as opposed to copyright infringers.

Acoshla

Gloomtastic! wrote: »

Viewing watermarked images is very annoying and more likely to deter potential customers as opposed to copyright infringers.

I know but what other option do I have? I'm using watermarking as a general term for something though, it may be to put my business card in each future photo but I can't do that in retrospect so I'll have to do something with the photos already up.

gavney1

am surprised she didn't just take the photos off once she got messages from you.

I presume you wouldn't have pursued it further if she had?

Seems very cheeky and "brave" of her to just block you and continue using your photos.

Acoshla

gavney1 she was using at least 6 people's photos, we could only see 16 because you had to be added as a friend to see her whole page, we just saw profile pics, and out of 16 photos we could identify about 10 that belonged to others, the rest she probably took from other people too. She blocked the two of us who contacted her originally, then just systematically blocked everyone as they questioned her, but obviously other people could still see they were there so kept us informed.

Based on the photo of my work that I saw I wouldn't have gone further with it, but what I wanted was to see her other albums, the photo she copied of mine was quite minor but if there were others belonging to me I would have pursued it. I don't work my a*s off to let others take the credit so I wouldn't let her away with it.

Very unprofessional I have to say, I hope her customers get to know what she did.

Acoshla

Just had to pull this up again, the aforementioned business that facebook took down for copyright infringement is back up today....with photos easily found on google from English and American businesses, and what I can only assume are their own poor attempts at similar work. They have clearly moved outside of using Irish photos, but like I said a quick google shows who really owns the photos and hence the copyrights.

I'm quite surprised this business had the nerve to do the same thing again, but as it doesn't include my work this time should I just let it go, or tell facebook again? I feel like a child wanting to tell on them but at the same time they are using photos of others' work and are not indicating anywhere that they are not their own work, it's very unfair to the actual businesses and any future customers who will almost certainly be disappointed.

Should I just shut up and let it go?

Thanks,

Spadina

Abelloid

Spadina wrote: »

Just had to pull this up again, the aforementioned business that facebook took down for copyright infringement is back up today....with photos easily found on google from English and American businesses, and what I can only assume are their own poor attempts at similar work. They have clearly moved outside of using Irish photos, but like I said a quick google shows who really owns the photos and hence the copyrights.

I'm quite surprised this business had the nerve to do the same thing again, but as it doesn't include my work this time should I just let it go, or tell facebook again? I feel like a child wanting to tell on them but at the same time they are using photos of others' work and are not indicating anywhere that they are not their own work, it's very unfair to the actual businesses and any future customers who will almost certainly be disappointed.

Should I just shut up and let it go?

Thanks,

Spadina

I'd let the copyright owners know and leave it at that.

Do you have a link BTW? Curiosity is getting the better of me.

Acoshla

JustinOval wrote: »

I'd let the copyright owners know and leave it at that.

Do you have a link BTW? Curiosity is getting the better of me.

Yeah I let one of the owners of the copyright know, turns out already out of 29 new photos at least 10/12 are "stolen", madness! I can PM you a link but I can almost guarantee that you'll find it quite boring! Although playing "spot the shambolic work they do own" is fun

highlandseoghan

I cant believe the cheek of this person we can only presume that there work must be disaster if they have to go and steel other peoples work. I think the only thing to do is report it to the copyowner and leave it there just keep checking the site yourself to make sure your work is not put back up on the page.

Acoshla

Yeah we're checking it the whole time, what a lot of the other's have done now is underneath her photos of her "work" they are putting the name of the actual business it belongs to and a link to it on the owner's page, she has at least 2 comments from people whose photos she has used, at least 5 have reported her for copyright infringement but nothing has been done yet. She also put an ad on a parenting website which was swiftly removed when some of the other's involved let them know what she's doing.