Anybody got any legal advice?

[Carstudio]

I'm just wondering if anybody out there has had their images robbed from the internet and used for advertising?. I sold a car on this website, through the classifieds and have had it pointed out to me that a garage in Italy are using my shots to advertise their services. The car was a Hawk Lancia Stratos replica and being as I'm a professional photographer I took a few studio shots of my car. As supplying images is the way I make a living, it's some what annoying to find out someones using them for free!. The garage have the franchise for Hawk as far as I can make out.

I've emailed them asking to either be credited for the photography or stop using them but surprise, surprise no response.

If anyone has had experience I'd be grateful for any advice.

Cheers

Bob.

http://cgi.ebay.it/Lancia-Stratos-Replica-riproduz...

[Frankeh]

Not easily and not cheaply.
If I was you I would take this as a lesson learned. Always watermark.

[james_tigerwoods]

I guess you could approach them stating that you own the copyright to these images - But I suspect that may be met with whatever passes as an italian version of a Gallic shrug

[Simpo Two]

I don't know how international copyright works but you could easily report the advert to eBay and get it pulled.

If you try http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&am... you'll get the link in English and a 'report item' button.

Is the seller selling the actual car you photographed, or are they misrepresenting their item as well as breaching copyright?

Edited by Simpo Two on Wednesday 30th September 16:08

[Carstudio]

They're not selling the actual car in the shots. I contacted the bloke who now owns it and he was pretty shocked too!.

[GetCarter]

Frankeh said:

Not easily and not cheaply.
If I was you I would take this as a lesson learned. Always watermark.

I take the opposite approach.

Most of the time, it takes seconds to remove a watermark, so they are pointless and spoil the image.

I have on my site

"Images Copyright .... bla bla, and may not be used without permission, usually given.

I get loads of people asking to use my images, some pay, some I give away.

To the O/P

I found a chap had nicked my images and was selling them in 'fridge magnets', I tracked him down and sent a Lawyers letter telling him to stop selling or else. He agreed, and gave £500 to the local otter rescue centre rather than be prosecuted. He no longer uses my photos!

Might be more difficult overseas!

[Carstudio]

I found a chap had nicked my images and was selling them in 'fridge magnets', I tracked him down and sent a Lawyers letter telling him to stop selling or else. He agreed, and gave £500 to the local otter rescue centre rather than be prosecuted. He no longer uses my photos!

Might be more difficult overseas!
[/quote]

Thanks for the info. I did email them saying credit me on the shots or stop using them. Obviously no response!. I might have to contact Ebay Uk or a solicitor, just pi55es me off companies think it's a bl00dy free for all!!.

[Simpo Two]

eBay won't much care who owns the copyright of the photo, but they will care that the seller's product is misrepresented (it's a different car).

Just report it and it's 'bye-bye advert'. You won't get much better then that; you won't get a link, or an apology, or money.

[ehasler]

Yep - Simpo is right. I had someone use one of my photos on their ebay ad, so I reported it (I think there was even a preset complaint form for this reason), and the ad was deleted soon afterwards.

[Carstudio]

I've emailed Ebay uk and I'll let everyone know the result.

Edited by Carstudio on Wednesday 30th September 17:55

[CVP]

Unfortunately you're dealing with somone in Italy. I say this as someone who loves that country and lots of folk who inhabit it but they somply won't give a stuff whatever you send them in the way of legal letters. Even trying to enforce in Italy is a nightmare as Italian courts can take a very long time to process anything and you'll need Italian counsel which will cost an arm and a leg

If you have asked nicely and got nowhere I humbly suggest going legal is not going to result in any joy and you will be sinking costs for no return.

Any further action would be up to you but Italy does have a dedicated tax police who take great delight in hauling businesses over the coals a quick email could see them doing more than a cursory review

Chris

[Scraggles]

if the italian guy has his own website, run a bandwidth waster on it, ie continually loads images, was great for 419 bankers

[CVP]

Bob,

The owner of that site is a member here, see this thread in the Italy forum, he uses the same user name here as on ebay. Maybe a direct member to member email could get you the result you want?

link here

Chris

[Carstudio]

Wow, thanks for the info Sherlock!. Don't know what response I'll get but I've sent a message via Pistonheads too!.

I'll let you know the outcome and thanks


Bob.

[CVP]

No problem, just thought I recognised the name of the garage from a banner advert on PH a long time ago.