Use of copyrighted images on Facebook

Sky King · 13-04-2014 2:08pm #1

Ahem.. 'Hypothetical' situation (I know legal advice is not allowed here).

I have a business. I sell a product. I take a photograph of my product's output and put it on my company's website. (note the pic is not of my product... its of the end result of my products operation, if you get me).

Anyway i take the picture, so the picture is mine. My business competitor copies this picture from my website and puts it on their facebook page... implying that the picture shows the end result of THEIR product!

(also stealing my picture).

What rights, if any, would I have in this hypothetical situation?

Paulw · 13-04-2014 2:11pm

If you report it to Facebook, they will check for copyright infringement and remove any offending images.

Sky King · 13-04-2014 2:14pm

Thanks for your reply.

A couple years ago some national papers stole a load of pictures from my picasa album and printed them without my permission. The guys in the photography forum suggested i whack in a few hefty invoices to them... which I did. Got paid.

Could the same be done here?

jimmynokia · 13-04-2014 2:15pm

Watermark your images simple solution.Or put your name on it,another option there is lots of apps and tools to do both,it is a simple effective way to stop it..

Paulw · 13-04-2014 3:20pm

No reason why you couldn't invoice them for use of your image. It might also work better sending a solicitor's letter with the invoice, reminding them that they are in breach of copyright, and then have the invoice for an amount for previous use of the image.

shy-tall-knight · 13-04-2014 4:01pm

Photographs, for the most part, will satisfy the originality requirement that needs to be made out in order to show that copyright exists. Once the photograph is not a generic stock photo that every competitor in your field of business tends to use to sell their product, then you will have no issue making out a breach of copyright claim.
The next thing that needs to be satisfied is whether there is sufficient objective similarity. Included within this test in this is what is the intention of the defendant and does his infringement result in direct competition with the original work.
It's clear that through using your image they sought to gain a competitive advantage. So as suggested I would be bringing this breach to the attention of your competitor. It's up to you how far who want to take it but the law should be on your side I would think.

Use of copyrighted images on Facebook

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