Website using my photo without permission

[Motohip]

What I do if a website is using my photo I took without credit or permission. Can I request reimbursement? It's not like they gave me the headlights for free or even asked me if they could use it. They're using it to sell their product. I contacted them so we'll see what they say.





Original

[delta-9-ginseng]

How much would it take for you to forget about it hehe

[Stewy_604]

They definitely should not be doing that without permission or compensation to you. Let us know how the conversations go. They'll most likely take the photo down and use another instead.

[Dackelone]

Welcome to the Club. It sucks.

Best thing to do is have a well written legal letter sent to them registered mail - and "hope" it scares them into deleting your pics.

[Schalldampfer1]

The other problem is there is no copyright stamp on the photo. Technically they can use it, unless you can prove it came from your camera and was uploaded by you (which should be possible). I had this happen to me on a stupid ebay listing for angel eyes. Somehow they stole my photo (probably from google). I just said screw it, what would I get for my trouble? "Sorry Bro, didn't know."

[Motohip]

I emailed them and he responded, very unprofessionally, that he'd talk to his supervisor.

[E91WAG3N]

Umnitza.... Never been a fan. Not surprised at all by this.

[Motohip]

So it was just in the newsletter not the website. He said he wouldn't use it again and that he didn't know what the big deal was.

[Rikx1M]

Just so you know, according to US copyright law, once you fix an image into a tangible form (making a JPEG is tangible form) then you own the rights to the photo. You do not have to watermark the image but it helps prove a case where there is intent to steal the image and have someone else use the image as their own by photoshopping out the watermark.

I once read about a Sydney Opera house photo that was used by a travel company...the original photog loaded his photo to flickr and years later a marketing dept used the image without permission.. Photog received a flyer in mail announcing cheap flights to AU and saw his photo. He asked for compensation and was told to f'off so he sued and received $20,000 for copyright violation...

[Motohip]

That's good to know. I'm just upset they did it without my knowledge.

[ChillFill]

How are these headlights? Replacing my OEMs has had me thinking mainly because of the infamous orange corners, and lack of real LED rings.

My car is an adaptive BiXenon.. would any extra wiring be involved?
Thank you

[Motohip]

A couple leds burned out and they fog up after getting wet.

[Gangplank]

How did the get the photo? Did you load it on a website or forum?

[mike@x-ph.com]

Originally Posted by Motohip

A couple leds burned out and they fog up after getting wet.

They shouldn't have used your pic without your permission. Mistakes happen, and they should have apologized for that.

Sorry to hear their response was not professional

That being said i would be much more upset with the LED failing and the water thing more than the pics

[Motohip]

Originally Posted by Gangplank

How did the get the photo? Did you load it on a website or forum?

I posted it in another thread on this forum about headlights.

Originally Posted by mike@x-ph.com

They shouldn't have used your pic without your permission. Mistakes happen, and they should have apologized for that.

Sorry to hear their response was not professional

That being said i would be much more upset with the LED failing and the water thing more than the pics

Well the LED's have a lifetime warranty but it's really a hassle to take them off and put the stock ones on while they replace them.

[Gangplank]

Originally Posted by Motohip

I posted it in another thread on this forum about headlights.

Then one question would be what does this site's Terms Of Service say about photos you post in a public thread?
Link to 1Addicts TOS: http://www.bimmerpost.com/tos.php

"By submitting, displaying or posting content on the Site, you hereby grant us a nonexclusive global license to reproduce, publish, modify, and distribute the content submitted by you to the Site. You also grant the Site global nonexclusive adaptation and resale rights over any content and material submitted to the Site. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted "for publication" within the Site, including both message board postings and content submitted for uploading and subsequent publishing within non-message board portions of the Site. Neither we nor our staff will be responsible for any misleading, false or otherwise injurious information and advice communicated on the Site or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user's reliance on information and advice gained on the Site.

The Site claims no ownership over any content submitted, posted or displayed by you on the Site. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or the Site and you are responsible for protecting those rights, as appropriate."

You may want to send them an email and letter stating that you own the rights to the photograph they are using and that they do not have your permission to reproduce, reprint, distribute or otherwise use your photographs without your permission. Ask them to cease and desist any and all use of your content and copyrighted works. Ask that they contact you to make fair and equitable payment for their past and/or current use.

You may get a nasty-gramm denial of use but who knows they may just send you something for free.

[m_thompson]

I always put a copyright notice on my personal WWW pages and documents. Another BMW enthusiast downloaded a repair instruction document from my WWW page, removed the copyright notice, put his name as the author, and posted it on his WWW page. I asked him to remove the document, and cited the DMCA. He said that he was a lawyer so I would have to sue him. I forwarded the email to his ISP and they canceled his account.

[Motohip]

Originally Posted by m_thompson

I always put a copyright notice on my personal WWW pages and documents. Another BMW enthusiast downloaded a repair instruction document from my WWW page, removed the copyright notice, put his name as the author, and posted it on his WWW page. I asked him to remove the document, and cited the DMCA. He said that he was a lawyer so I would have to sue him. I forwarded the email to his ISP and they canceled his account.

I love it when things work out that way. What a jerk.