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Just received a commercial e-mail that showed one of my pics ...

be Offline Top-Gear-24

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Today I received an e-mail from a dutch online knife shop (I subscribed to their newsletter, so I receive them on a regular base).   But this one made me go from "hey wait a minute :think: " to  :sa: in about 5 seconds.

Here's a printscreen I made from the e-mail:




I immediately thought that pic looked familiar:



I posted this pic here at MTO a while back in this topic.

So, I'm not quite sure how I should feel about this, on one hand, I'm a bit flattered that they like my pic so much that they are using it to promote the new Delémont Collection on their site, but on the other hand I think they could have at least contacted me to ask if they could use my pic.  If you do a google search on "Victorinox Delémont Collection" there's a big chance you end up on MTO, and once you're there it's not that difficult to contact the person who took a certain pic, be it by PM or by contacting one of the mods here.

Let me be clear about this, if they would have contacted me to ask if they could use one of my pics, I would have said yes right away, but now it just feels a bit ... bittersweet  ::).

So, what should I do, should I contact them to explain that I really would have liked them to contact me first, or should I just let it pass ... ?

What would you guys do ?


nz Offline zoidberg

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #1 on: November 11, 2014, 11:58:17 PM
That is so not right. Shame on them. Hit them up about it.


us Offline captain spaulding

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #2 on: November 12, 2014, 12:02:55 AM
I would contact them and raise hell.
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us Offline JAfromMn

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #3 on: November 12, 2014, 12:15:59 AM
I would get in touch with them


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us Offline jerseydevil

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #4 on: November 12, 2014, 12:21:23 AM
I'd be in touch with them as well.  I'm lucky - none of my pictures are good enough to bother stealing.......  :)
There's no such thing as "Too pretty to carry".  There's only "Too pretty NOT to carry"...... >:D


ca Offline derekmac

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #5 on: November 12, 2014, 12:28:52 AM
I don't like that one bit!!  I have no problem with anyone "here" using my pics, but for a shop to use one, I'd want to be contacted.  Things like this make me want to start watermarking my pics again. 

I'd most certainly contact them about it.  Be civil, but let them know that you would prefer to be contacted before your pictures are used.

It is a great shot though, so I can see why they'd want to steal it. :D


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hr Offline enki_ck

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #6 on: November 12, 2014, 12:31:30 AM
Not nearly the first time this happened, regretfully. A German shop used Neil's pic for years as did other shops and often ebay sellers. That's why Neil started putting the bees in his pics to make them harder to copy and easier to prove.

The most legendary picture steal was one seller who actually used a picture of Def in front of a Gerber banner to try and sell a multitool on ebay. :rofl:

I'd contact them, at least they should offer you a discount if not even a Ranger for using your pictures for promotion. :whistle:


be Offline Top-Gear-24

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #7 on: November 12, 2014, 12:50:36 AM
Not nearly the first time this happened, regretfully. A German shop used Neil's pic for years as did other shops and often ebay sellers. That's why Neil started putting the bees in his pics to make them harder to copy and easier to prove.

The most legendary picture steal was one seller who actually used a picture of Def in front of a Gerber banner to try and sell a multitool on ebay. :rofl:

I'd contact them, at least they should offer you a discount if not even a Ranger for using your pictures for promotion. :whistle:

Why on earth would someone think a pic of Def is good to sell a multitool ...  ???

Anyway, it seems pretty obvious, I should contact them.  So, here's my next question, do I contact them through e-mail, or do I use their facebook page (I just found out they have facebook page) to post my original pic and ask them why they didn't contact me before using it.  In other words, do I handle it discreetly, or do I go public ?

Edit: Discreet might be the best way to get something out of this, didn't think of this before but a discount or a Ranger like Nikola mentioned would be nice indeed  :D.


us Offline detron

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #8 on: November 12, 2014, 12:53:07 AM
I think they should provide the three SAKs in the picture as compensation   :rofl:

Or talk to them about working WITH (as in paid) their marketing department.  let them know you can provide amazing pictures that should sell the product with ease.   :climber:
If I can help, let me know 


ca Offline derekmac

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #9 on: November 12, 2014, 01:05:58 AM
Be discreet first, and if that doesn't work, go the Facebook route.


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be Offline Top-Gear-24

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #10 on: November 12, 2014, 01:23:04 AM
I think they should provide the three SAKs in the picture as compensation   :rofl:

Or talk to them about working WITH (as in paid) their marketing department.  let them know you can provide amazing pictures that should sell the product with ease.   :climber:

Too bad they didn't use the pic showing my complete Ranger collection then  ;).

Getting paid for taking "marketing" pics would be a dream come true ...  :dd: (but I'm realistic enough to know that this will stay a dream, sadly enough).

Guess I'm going to write them a polite e-mail tomorrow, I'll keep you guys posted here if/when I receive an answer.

Thanks for the help guys  :salute:.


ca Offline jzmtl

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #11 on: November 12, 2014, 02:32:43 AM
I'd be pretty pissed too if a shop stole my photos. Mine has been stolen before and I've seen them in youtube videos, but it's just a guy doing review so I did't think much of it.


us Offline captain spaulding

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #12 on: November 12, 2014, 03:21:13 AM
I'd be pretty pissed too if a shop stole my photos. Mine has been stolen before and I've seen them in youtube videos, but it's just a guy doing review so I did't think much of it.


I would not be pissed if used in a review on youtube. For a company to make money off the pictures is a whole different story.
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us Offline hrvstmn31

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #13 on: November 12, 2014, 08:10:18 AM
That sucks gotta use a watermark next time.


nz Offline babola

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #14 on: November 12, 2014, 09:53:44 AM
They're most likely members here and reading this thread too... ::)
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pt Offline pfrsantos

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #15 on: November 12, 2014, 11:49:38 AM
I think they should provide the three SAKs in the picture as compensation   :rofl:

Or talk to them about working WITH (as in paid) their marketing department.  let them know you can provide amazing pictures that should sell the product with ease.   :climber:

Too bad they didn't use the pic showing my complete Ranger collection then  ;).

Getting paid for taking "marketing" pics would be a dream come true ...  :dd: (but I'm realistic enough to know that this will stay a dream, sadly enough).

Guess I'm going to write them a polite e-mail tomorrow, I'll keep you guys posted here if/when I receive an answer.

Thanks for the help guys  :salute:.

+1

Keep us up to date on this... Hope they compensate you for the steal.

 :rant: :rant:
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pt Offline pfrsantos

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #16 on: November 12, 2014, 11:50:35 AM
They're most likely members here and reading this thread too... ::)

Unless the original thread can be viewed without registering in the forum...

 :think: :think:
________________________________
It is just a matter of time before they add the word “Syndrome” after my last name.

I don't have OCD, I have OCDEFGHIJKLMNOPQRSTUVWXYZ.

I'd give my right arm to be ambidextrous.

Eff the ineffable, scrut the inscrutable.

IYCRTYSWTMTFOT



be Offline Top-Gear-24

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #17 on: November 12, 2014, 12:40:02 PM
They're most likely members here and reading this thread too... ::)

Unless the original thread can be viewed without registering in the forum...

 :think: :think:

I just used Google to search for "Victorinox Delémont Collectie" pics, because that is probably what they would have typed in.  If you do so you'll see a pic of my two red Rangers, and when you click on that pic you can go to the "original page" where the pic was found, which leads you straight to this topic where they found the pic that they used.

I've been looking at the "terms of use" on photobucket (although the pic is shown on MTO, the location of the pic still remains my photobucket acount) and this is what I found:

"By making your content public, you are also giving other Members on Photobucket the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the Site, third party websites or applications (for example, via services allowing Members to order prints of Content or t-shirts and similar items containing Content, and via social media websites), provided such use is not for a commercial purpose."

Just to be clear, the letters in bold are also in bold in the original "terms of use" on photobucket.

I'm going to write that e-mail now  :).


pt Offline pfrsantos

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #18 on: November 12, 2014, 01:04:31 PM
Meanwhile, we're going to prepare our red buttons of banishment to use on the company... Just in case...

 :twak: :twak:
________________________________
It is just a matter of time before they add the word “Syndrome” after my last name.

I don't have OCD, I have OCDEFGHIJKLMNOPQRSTUVWXYZ.

I'd give my right arm to be ambidextrous.

Eff the ineffable, scrut the inscrutable.

IYCRTYSWTMTFOT



us Offline MadPlumbarian

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #19 on: November 12, 2014, 01:42:13 PM
That's just screwed up.
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scotland Offline gardenvalley

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #20 on: November 12, 2014, 01:59:07 PM
It is a commonly held belief by many people that once an image (or piece of music) is "out there" on the interwebz that it is OK to use it as they see fit. It is most certainly not OK, it`s theft of intellectual property but I think it`s now too late, that particular horse has bolted. Contact the company and raise your concern firmly but politely although if they refuse you will be faced with a potentially expensive legal case which may be more trouble than it`s worth.

Before uploading anything to any social media site read their T & Cs, you may find that just by uploading it you have assigned copywrite to them and you then cannot use the image for commercial purposes without their permission or paying them.

This practise is known as a "rights grab" and is becoming more prevalent. Be careful out there, things are not always what they appear to be.


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ca Offline Megan

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #21 on: November 12, 2014, 02:33:54 PM
That is most certainly theft.
As a marketer- we pay good money for stock photos for advertising.

I've had my work stolen in the past. What did I do?
I invoiced them. And I suggest that you do the same. Photographers aren't cheap.

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be Offline Top-Gear-24

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #22 on: November 12, 2014, 03:02:09 PM
It is a commonly held belief by many people that once an image (or piece of music) is "out there" on the interwebz that it is OK to use it as they see fit. It is most certainly not OK, it`s theft of intellectual property but I think it`s now too late, that particular horse has bolted. Contact the company and raise your concern firmly but politely although if they refuse you will be faced with a potentially expensive legal case which may be more trouble than it`s worth.

Before uploading anything to any social media site read their T & Cs, you may find that just by uploading it you have assigned copywrite to them and you then cannot use the image for commercial purposes without their permission or paying them.

This practise is known as a "rights grab" and is becoming more prevalent. Be careful out there, things are not always what they appear to be.


"Steps away from keyboard and removes tinfoil hat"

I'm not going to take it that far, I would just like to hear from them that they should have contacted me to ask if they could use my picture for their site, nothing more ... (If they feel the need to "compensate" me by giving me a discount or a tool of some kind, I would be okay with that  ;)).


ca Offline Syph007

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #23 on: November 12, 2014, 04:00:44 PM
Common sense and common courtesy SHOULD be that if you are going to be using someone else's picture in your own for profit purpose, you ASK them.  But sadly that logic is far less common then it should be.
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us Offline Aloha

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #24 on: November 12, 2014, 04:02:26 PM
It is a commonly held belief by many people that once an image (or piece of music) is "out there" on the interwebz that it is OK to use it as they see fit. It is most certainly not OK, it`s theft of intellectual property but I think it`s now too late, that particular horse has bolted. Contact the company and raise your concern firmly but politely although if they refuse you will be faced with a potentially expensive legal case which may be more trouble than it`s worth.

Before uploading anything to any social media site read their T & Cs, you may find that just by uploading it you have assigned copywrite to them and you then cannot use the image for commercial purposes without their permission or paying them.

This practise is known as a "rights grab" and is becoming more prevalent. Be careful out there, things are not always what they appear to be.


"Steps away from keyboard and removes tinfoil hat"

I'm not going to take it that far, I would just like to hear from them that they should have contacted me to ask if they could use my picture for their site, nothing more ... (If they feel the need to "compensate" me by giving me a discount or a tool of some kind, I would be okay with that  ;)).

It's theft plain and simple and for a company to do that it's outrageous.  If you were to steal something from them they'd most certainly have "issues" and seek some sort of "damages".

Now this being said I'm not one that feels I need to be compensated at every turn when I've been wronged.  I did have a thought however regarding their unauthorized usage............. 

They clearly loved the picture and as we all know you take a mean ass picture so.............

Tell them to send the other Vics in that line so you can take a photo for them and you will keep the tools as compensation. 

Heck tell them send you ALL the tools they sell and you'd take pictures and test them as compensation. 

Just a thought TG24.   
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ca Offline Chako

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #25 on: November 13, 2014, 12:21:59 PM
This happens to me all the time. So much so that I almost expect my photos to be stolen. I have seen my images in news articles, online eBay postings, used as backdrops to businesses, etc. I really don't have any issues...except when it is a business doing so to make money off of my photographs.

I have tried watermarks...but the issue with that, they are so easily removed to be laughable. Watermarks do nothing to protect the photographer.

Call them up and tell them that the next time they want to use one of your photos, to at least have the common courtesy to give you credit. Otherwise, there is very little you can do that won't involve lawyers and a big $$$ bills. Just not worth it...and they know it.
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gb Offline Essexman

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #26 on: November 13, 2014, 01:40:32 PM
So you have done work for them without knowing it, time to send an invoice to them  :D


be Offline Top-Gear-24

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #27 on: November 13, 2014, 03:49:46 PM
So you have done work for them without knowing it, time to send an invoice to them  :D

Megan gave me the same advice, and you know what, if they respond in an impolite manner I might just make an invoice and send it to them, just to make a point (I know they'll never pay it, but maybe, just maybe they will think twice the next time the need a picture ...)

Like I said, if they contacted me to aks if they could use my pic, I would have said yes right away (maybe give me credit for it like Chako said, a small note under the pic "pic taken by ..." would have been nice).

Oh well, haven't heard anything from them yet, it looks like they haven't even opened my e-mail, I should receive a read receipt (hope this is correct in English  :-\) when they open it.

I'll keep you guys posted here  ;).



no Offline Grathr

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #28 on: November 13, 2014, 05:31:26 PM
I hope they answer you and apologise. If not, send them an invoice.




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ch Offline Etherealicer

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Re: Just received a commercial e-mail that showed one of my pics ...
Reply #29 on: November 13, 2014, 05:46:33 PM
So you have done work for them without knowing it, time to send an invoice to them  :D

Megan gave me the same advice, and you know what, if they respond in an impolite manner I might just make an invoice and send it to them, just to make a point (I know they'll never pay it, but maybe, just maybe they will think twice the next time the need a picture ...)

Like I said, if they contacted me to aks if they could use my pic, I would have said yes right away (maybe give me credit for it like Chako said, a small note under the pic "pic taken by ..." would have been nice).

Oh well, haven't heard anything from them yet, it looks like they haven't even opened my e-mail, I should receive a read receipt (hope this is correct in English  :-\) when they open it.

I'll keep you guys posted here  ;).
Don't know about the laws in your neck of the woods. But here they would have to pay compensation because they used it commercially. I would simply bill them for 1000€. If you have a friend who is a lawyer ask him to send the bill.
They know exactly that they are not allowed to do it, but stock photos are horribly expensive, so they steal. Make it clear that this is your peace offering.
It wouldn't be the internet without people complaining.


 

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