My Photo Used Without Permission

Competition win or not (and it was a throwaway comment not really relevant to the point I was making) there comes a point where it’s simply not worth the effort, as unfortunate as that is. I spent many, many hours putting together the eBay case and it came to nothing, even if I had won that particular case another seller had the image for sale on canvas a few weeks later, then another, then another. I’d be trying to put a plaster on the Titanic.

Time with my family is way, way more important than what was an entirely fruitless exercise.
Sometimes competition small print means the company can do what they like with your image and you may (or may not) lose some rights. Pixsy for example are wary of a case if it’s a competition entry or winner.

I use Pixsy a lot but the cases they win are getting fewer and further between. Basically if someone ignores them they don’t chase them...
 
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But, you didn't provide an accurate answer to the post. Your original post was confusing. Rather than explaining what you did, you referred to an obscure term (uplift) and said that anyone who didn't know this was ignorant. That doesn't explain anything - it just insults people.

The real issue with your original post was the use of 'x2' to mean 'add'. You still have not explained why the use 'x2' should have been understood. Just accept that your use of 'x2' was a poor choice and let's move on

And lastly, as a member of this community, you do have an obligation to be polite and support the community and its members. Being short and rude and blunt does not advance the community but excludes people. In your post that generate this set of responses, you seem to out of your way to insult people. It wasn't just a terse answer but one that deliberately as a put down. That is out of bounds.

Saved me some typing!
 
Sometimes competition small print means the company can do what they like with your image and you may (or may not) lose some rights. Pixsy for example are wary of a case if it’s a competition entry or winner.

I use Pixsy a lot but the cases they win are getting fewer and further between. Basically if someone ignores them they don’t chase them...

It was a print magazine competition and they specifically only published it the once (print only). Flickr was the only electronic source of the file.
 
But, you didn't provide an accurate answer to the post. Your original post was confusing. Rather than explaining what you did, you referred to an obscure term (uplift) and said that anyone who didn't know this was ignorant. That doesn't explain anything - it just insults people.

The real issue with your original post was the use of 'x2' to mean 'add'. You still have not explained why the use 'x2' should have been understood. Just accept that your use of 'x2' was a poor choice and let's move on

And lastly, as a member of this community, you do have an obligation to be polite and support the community and its members. Being short and rude and blunt does not advance the community but excludes people. In your post that generate this set of responses, you seem to out of your way to insult people. It wasn't just a terse answer but one that deliberately as a put down. That is out of bounds.


No problem. I won't bother answering next time.

Good luck finding someone with equivalent legal knowledge on here.
 
No problem. I won't bother answering next time.

Good luck finding someone with equivalent legal knowledge on here.

My problem wasn't with you responding. And the legal information could be useful. As I have thought about this overnight, I think that I now understand what you were trying to say in your original post. But, your explanation of the information in the post was unclear. Rather than you say something like 'Oops, let's try that again and make it clearer', you took a less constructive route. Information is great but needs to be presented so that interested but less informed readers can understand it.

Time to get back to the OP's original concern.
 
..... the original photo itself has been flipped 180 degree and slight colour adjustment to it.

I wonder if image was altered in order to prevent copyright holder from identifying copyright infringements via reverse image search? If so its more than likely that a 3rd party was involved such as design agency who may be doing similar with most if not all their images, this should be a great concern to all photographers as problem could be more widespread.
 
I would just pick up the phone - record the unauthorised use and talk to them to work it out :) Ask what their budget is to pay for the usage but getting super legalistic won't help the situation.
 
Polite first...Legal second.

I disagree ... in this instance the use of the image is so flagrant (even manipulated in use) that 'legal' should be the way to proceed.
By 'legal' I mean pursuing the matter with a demand for payment (as outlined by Demilion) for both use and misuse of the image ... any large organization should know that the actions taken are wrong.
 
I would just pick up the phone - record the unauthorised use and talk to them to work it out :) Ask what their budget is to pay for the usage but getting super legalistic won't help the situation.


I wouldn't do anything of the sort. Keep all correspondence in written format in case you need to refer to it later.

As I said, the first move is to contact them for details of their licence.

There's a reason that you follow a set formula for infringement. It's so the infringing party can't wriggle out of their obligations.
 
I disagree ... in this instance the use of the image is so flagrant (even manipulated in use) that 'legal' should be the way to proceed.
By 'legal' I mean pursuing the matter with a demand for payment (as outlined by Demilion) for both use and misuse of the image ... any large organization should know that the actions taken are wrong.
Fair point. I was speaking more generally. :)
 
You cannot use a recorded phone call as evidence unless the recipiant of said phone call is aware that you are recording it, and for that purpos.
 
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