Author Topic: Possible Photo Misuse (Read 2155 times)

Fred · « **on:** May 25, 2018, 13:35 »

I have found one of my images online being sold as a sticker or decal by two different vendors. One of the vendors has also used the image in a collage of several other images (not mine) and sells it as a sticker.

To the best of my knowledge this kind of use is not permitted by any of the licenses I sell under (i.e. standard RF licenses at major stock agencies.)

Can anyone advise as to how I might proceed? Links below.

http://www.lefliving.de/en/kek-amsterdam-wall-decal-sparrow-forest-friend-15x.html
https://www.littlezebra.com/lifelike-sparrow-wall-sticker-4831.html
https://www.littlezebra.com/cute-set-of-4-lifelike-animal-wall-stickers-4787.html

Thanks.
fred

Hannafate · « **Reply #1 on:** May 25, 2018, 14:15 »

Check with the agencies you sell these through, these sites may be affiliate outlets. With the outlets, every time they make a sale, you get a sale. So if they sell one sticker, you get a sale. If they sell a thousand stickers, you get a thousand sales.

Fred · « **Reply #2 on:** May 26, 2018, 00:56 »

Quote from: Hannafate on May 25, 2018, 14:15

Check with the agencies you sell these through, these sites may be affiliate outlets. With the outlets, every time they make a sale, you get a sale. So if they sell one sticker, you get a sale. If they sell a thousand stickers, you get a thousand sales.

Thanks I will look into that. I am aware if similar agency affiliates for print-on-demand, however, don't know how they would manage products that combined images from different photographers as they have done here,

c h e e r s
fred

unnonimus · « **Reply #3 on:** May 26, 2018, 09:47 »

if you are not being compensated for the sales, then you should file a DMCA take down notice to the web site owner. US based web sites have agents who are registered with the federal government, and it will include a mailing address.

you will send them the notice, the list of urls, what you believe is something that you own the copyrights to, and send it to their DMCA agent. the agent has to respond to it within a reasonable time, they will ask the other party for their side of the story, and if they determine you are the copyright owner and it is being used without permission, the site has to take the material down.

other countries might have different DMCA style laws.

if it is an international site, in a different country than you are, check if they are a signatory to the Berne convention (which means your copyright is protected by all signatory countires), and check WIPO for their procedure that resembles the DMCA.

memakephoto · « **Reply #4 on:** May 26, 2018, 12:28 »

Quote from: unnonimus on May 26, 2018, 09:47

if you are not being compensated for the sales, then you should file a DMCA take down notice to the web site owner. every US based web site has an agent who is registered with the federal government, and it will include a mailing address.

you will send them the notice, the list of urls, what you believe is something that you own the copyrights to, and send it to their DMCA agent. the agent has to respond to it within a reasonable time, they will ask the other party for their side of the story, and if they determine you are the copyright owner and it is being used without permission, the site has to take the material down.

other countries might have different DMCA style laws.

if it is an international site, in a different country than you are, check if they are a signatory to the Berne convention (which means your copyright is protected by all signatory countires), and check WIPO for their procedure that resembles the DMCA.

EVERY US based web site has an agent who is registered with the federal government???!!?!

What colour is the sky in your world? Stop giving people ludicrous legal advice.