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Cheeky sod, stealing other companies images
Had a strange e-mail this morning through the website, advising me that a page on Facebook is using an image of van we signed up a few years ago. A quick look and there it is clear as day, and also featuring on their website. :shake:
A few mins on google finds they’re also using images from other companies, and I suspect most of the images aren’t actually their work.
A request on Facebook and a request via e-mail for the image to be removed, also a request to their web host to remove the image.
I’m not holding out much hope. Not sure what else I can… send an invoice for use, or try and drag them through court?
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37 Replies
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I have had this in the past…lazy web designer put a load of images in including mine and several other companies.
Numptie had just done links too rather than download and embed.
Oh, what fun you can have substituting another image on your site with the same name…Request removal politely.
Then involve FB or Web Host.Of late I’ve not been too bothered…if they want to use my stuff to scam some work and then fail to live up to expectations… I’ve more important things to do!
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Or I could try and claim through the IPEC (Intellectual Property Enterprise Court) that should teach them not to steal others work.
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A former employee at our place has set up on his own and done exact same thing, some jobs are from google and some are jobs that ive fitted.
I just laugh it off knowing that he cant use a drill to save his life and hates ladders! -
A few DMCA requests have been submitted to their Web host & Facebook.
No reply from the owner yet. See how they like the invoice they get Tuesday by special delivery.
The law is on our side, might have a go as it’s not expensive and straight forward enough 😆
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I get it all the time with my photography…..
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Image finally removed… and replaced with another companies image without permission :bangshead:
Legal advice sought, letter sent.
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Can we all know who they are?
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No way!! Just had a snoop and 3rd car in custom shop up here we do work for. Just let the boys know.
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Looks like most of the images aren’t actually theirs. :shake:
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We had someone not only take images of one of our products but also copy the text from our website and put the lot on amazon pretending to have been a supplier!
Tracked the person down with a ‘I’m really interested in a lot of those, please call me’ email and had a phone conversation with them. Issue resolved within 2 hrs.Bloody cheek!
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Letter was signed for this morning.
Considering the small cost involved, I’m interested in pursuing this matter fully just to see how it pans out, as the law is firmly on our side.
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this is a handy website for checking if others have used your text on their sites
http://www.copyscape.com/ -
Just a brief update, until things are finalised.
We received no reponse to our letter and issued a claim through the Intellectual Propert Enterprise Court, I finally got a copy of their defence 3 weeks after the court received it. :rollseyes:
Having read the ‘defence’ we’re continuing with the proceedings, although trying to avoid a hearing in London as it’s not really required.
Current costs are £305, which will be added to the sum we’re claiming. Costs would be less (for us), if we continued to a trial.
Once the court has made its decision I’ll give a more comprehensive update.
So far it’s been relatively straight forward, if a little slow. But we’re in no rush!
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I have had this happen recently. I had a phone call from my client asking if I had given anyone permission to use a picture of a job I posted on LinkedIn (obviously his job). I explained that I had never heard of them, nor would I ever allow that anyway. Seems they were posting online that it was their work. Due to the nature of what we do, I have to be careful what I post, but does go to show you don’t know who is looking at online content
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That’s the frustrating part, they’re passing off others work as their own, and their customers won’t have the faintest idea. (other than in our example where signs in the background have an 0161 number, yet they’re based in another part of the country!)
Whether it’s using an image without permission, or using a design concept we’ve submitted without paying for our time, our intellectual property has a value, and I’m curious as to whether the law really does work and just how easy it is.
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Got notice of hearing through the post today, along with an order, asking for me to submit documents & evidence prior to the hearing should it go to a full hearing (hopefully not)
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Rock on David :thumbsup:
Interesting site that Chris for checking anyone using bits from website
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A very quick update…
I’m having my day in court on Monday, so making a weekend of it in London :thumbsup: All evidence was submitted to the court and defendant and I’ve had no communication since.
Once the hearing is done, on the train back I’ll try and make more comprehensive post about, how & why we took the case the court, and what I’ve learnt along the way, as it’s sure to come in handy in the future.
I’m quietly confident we’ll win, unless I’ve missed something out along the way, the evidence is overwhelmingly in our favour.
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David, very best of luck on Monday and I sure a few of us will be keen to hear of your experiences.
I looked at their site some while ago after you posted details and I recall a good number of images of ‘their’ work, I’ve just looked again and the number is greatly reduced to a point that, for a company whose claims of experience and work quality, all looks pretty pathetic. An interesting note at the foot of the page says :-
‘We do not claim all of the pictured work on this website to be our own. If you would like an image removed please contact us’
which suggests the use of other peoples pictures, with the inference that permission hasn’t been requested.
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Yes that was noticed by myself and does form part of our claim, and trying to emphasise the flagrant disregard to copyright, in the hope the judge gives us an uplift in damages 😉
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So was that bit at the bottom of the page always there David or has it been added since you took Court action, I just don’t remember seeing it when I first looked at their website 😆
Oh as Steve has already said best of luck on Monday
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I will elaborate more after Monday, but no it wasn’t there, which disproves part of their defence that they didn’t know what they were doing. :awkward:
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good luck David 🙂
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Well done David for perusing it this far and look forward to the outcome on Monday.
It’s not in court No1 in the Old Bailey is it? I’ll book my seat in the public gallery :awkward:
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Well done, and good for you for sticking it out! :claps:
Be interesting to hear how things go, and if they actually turn up on the day! -
The IPEC is actually in an annex of the high court, there may be a public gallery though… despite that the judge we have been allocated is a QC :shocked:
If they don’t turn up we should get a default judgement… and it will demonstrate to the judge their disregard to the matter.
One thing getting a judgement, another actually getting paid.
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Makes my blood boil when I see this sort of thing. It was done to me a while back but they didn’t pinch a few images, they cloned my entire website & changed the header at the top. Was amazing to see a sign company in Thailand doing so many projects in Worcester.
Good luck in court David, if I were them, I wouldn’t attend as I’d be too busy dying of embarrassment. -
It’s in their interest to attend… they won’t like it when the HCEO’s come knocking, you never know might see it on can’t pay we’ll take it away.
They took the time to file a ‘defence’ so perhaps they will show up.
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Currently enjoying a celebratory drink in Soho.
The defendant didn’t turn up, the judge acknowledged our application for a summary Judgement, as the defendant admitted to launching the website and facebook as part of their defence.
As they didn’t appear, we won by default anyhow.
We had a quick hearing, as the judge struggled with the damages, and how do we quantify our losses. As we wouldn’t grant a licence to use the image, nor are there any comparable images which would grant a licence. Our damages were hard to justify.
We were awarded damages, with an uplift for the prominent use of the image, and a further uplift for flagrancy, with regards to the footer.
So we’ve successfully secured a jusgement for over £1000, and enjoyed a lovely weekend in London.
Very impressed with a knowledgable judge, who understood our circumstances.
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Congratulations David. Had a feeling they would be a no show. Now for the battle to get the payment.
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quote David Hammond:Currently enjoying a celebratory drink in Soho.
.Ahh, I love Soho, I could show you a few places round there, you didn’t know existed :shocked:
Congratulations and I admire your persistence in taking it to the courts and deservedly getting the result you wanted.
Not surprised the other party didn’t show and as Kevin says getting the money could be tricky.
I had a case many years ago (not sign related) where we took someone to court won 6.5k and getting paid was a nightmare but persisted it went to arbitration and eventually we got paid.
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As the others have said, congratulations on the result & your persistence, hope your as persistent chasing whats owed as my first thought is that they will ignore any demand for payment, had that myself in the past :blushing:
I know I would have eventually got paid if I had pushed it but simply didn’t have the funds to be able to do that at the time.
Hopefully it will make then think twice about using images that they don’t own or at least remove them quickly if contacted to do so. 😆 😆 -
quote :”I could show you a few places round there, you didn’t know existed”
Do we really want to know about your life away from signmaking :smiles:
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seems like alot of effort to get an image down lol fair play but its your work and dont want them making off it.
the blog has just gave the guy a brilliant back link from uksignboards but lol no such thing as bad press they say hahha
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The image was taken down prior to legal action, however not in the time frame provided.
It was always more of an experiment and moral battle. Yes this was ‘just a photo’, however, imagine if not just 1, but 10, or 50 companies use that image, it discredits your own portfolio, will Joe Public know who the originator is?
The same action could be taken for artwork, suppose you design a van, a logo, a sign, and the client doesn’t pay for your design services, yet takes that design to another company to produce the sign.
It can work in reverse too, you use an image on a clients job without permission, your client is likely to recover and damages from you.
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great reading this and seeing a fair result , well done and thanks for sharing your story :claps:
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