Around 3 years ago we published some sample images taken with a new camera on our websit magazine. We do this all the time. The images are made available for individuals to download for their own personal evaluation. It's made very clear on the download page and in the image file metadata that the images are copyrighted and permission is required for any use other than personal evaluation. One of the images we published was downloaded and used commercially by a software company. I found out what was going on when at a trade show I opened up a press pack and there was my photo being used to demonstrate the company's product. The image was also on their website, along with many others that I suspect were all harvested off the Web. We contacted the company and they even admitted what that had done - I have it in writing.
We have sought legal adviceon what to do, but with limited success. As this is a coyright issue, high street solicitors aren't that keen and even warned us that the software company could legally retaliate if we muddied their name, despite what they had done.
I feel strongly that something should be done to punish a violator of our copyright. They stole an image from us and used it for free to further their commercial activities.
So what can we do?
Scott Gair
Associate Solicitor
Direct Dial: 01273 223258
Email: sgair@mayowynnebaxter.co.uk
Link here for directions to our offices
Link here to visit our website www.mayowynnebaxter.co.uk
Speak to Dave Tyler at IPP. 01438 871 680
AFAIK IPP are one of the only outfits willing to handle IP cases on a no win no fee basis. They settle out of court in nearly all cases and I don't think there are many newspapers and magazines they haven't gone after. They rolled over Private Eye for me.
AS far as muddying their name I have only recently learnt that infringers can ask for a NDA when paying for an infringement. It might cost them a bit more though.
Assuming you are in UK it's worth talking to any of the specialist legal firms in our FAQ Legal section. No we don't get a kickback, and no, they don't pay to be there. It's just, as you say, that copyright is a bit beyond the average High St solicitor.
©A admin
DMCA can easily have the omage reomved from the web - and quickly - they will have to argue with Google and their ISP's legal teams, not yours. I've done this and given an image thief a serious fright as her decades-old web presence (links in Google) was about to vanish as Google pulled the plug on her. Post back if you want further info. Also if you have in writing from them that they admit using the image without permission, just go for them, - worried about legal retaliation for muddying their name on the basis of their thievery? Hmm I dont think so, THEY muddied their name not you!
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