Vendor Stole My Photo

[Dave]

I am not going to waste my time going into detail, but let me just say that any Court that you take this to is going to be awfully pissed to see it. Talk about a waste of judicial resources should you file an action over this.

Courts do not want to be bothered with minutiae. Cases over "principle" are a tax on the system.

Thus far you have no proof that there was any ill intent - you have not established where Ary got the photo, or had any idea it was claimed as copyrighted. I'd bet a dollar to a donut that amount of profits you might show he made from using your photo (if you can even establish that) are probably not much more than the filing fees for your complaint.

You got the result - he took down the photo you claim as yours and you have publicly embarrassed him over it.

Let it go.

[speedminded]

So Jason, the company owner never contacted you after you acknowledged them about the little problem? Not even to apologize or graciously offer a few free part in exchange of the inconvenience? I hope he reads this and goes forward.

Lee

Correct, no contact what so ever. As you can see my address, telephone, and e-mail were included in the letter and invoice. I prefer letters or e-mail since they're actual documents. I have the signature of who received the packet.

The images were removed immediately even though I never asked for it to be. I feel if someone has to pay for something they should at least be allowed to use it but removing it does not extinguish the infringement. Robbing a bank then returning the money the next day does not change or take back what laws were broken.

As you mentioned its not just my photo, I estimate 9 out of 10 of the images on their site do not have licenses or permission for their use.

[Massive Lee]

So Jason, the company owner never contacted you after you acknowledged them about the little problem? Not even to apologize or graciously offer a few free part in exchange of the inconvenience? I hope he reads this and goes forward.

Lee

[speedminded]

Agreed. But hey, what do I know . . . .

Bad business ethics destroys companies, their profits, and prevents them from getting or affording insurance. What a company doesn't want is their insurance to have to foot a bill.

So, basically, what you are saying is that a small business can steal from another small business and is not redeemable for doing so, but that only big businesses can be sued for doing the same. A different law depending on how big you are. Brilliant thinking.

It's amazing how ignorant people are about copyright laws and ethical business practices. Intellectual property has been protected internationally by laws for over a century and thanks to the Digital Millennium Copyright Act of 1998 the penalties increased for any infringement on the internet.

[Massive Lee]

Let's face it, this guy is a small fish and you're not going to get any money from him. Total waste of time and effort. He took the picture down, and the story should stop there. Sending him an invoice is comical at best.

So, basically, what you are saying is that a small business can steal from another small business and is not redeemable for doing so, but that only big businesses can be sued for doing the same. A different law depending on how big you are. Brilliant thinking.

[Dave]

Let's face it, this guy is a small fish and you're not going to get any money from him. Total waste of time and effort. He took the picture down, and the story should stop there. Sending him an invoice is comical at best.

Agreed. But hey, what do I know . . . .

[Red88]

I agree with Luke, Lee and SM sound like they know what they're talking about. I'm behind you guys. Good luck to you SM in your quest and keep us updated.

[speedminded]

Let's face it, this guy is a small fish and you're not going to get any money from him. Total waste of time and effort. He took the picture down, and the story should stop there. Sending him an invoice is comical at best.

Never owned a business huh?

[s0urce]

Let's face it, this guy is a small fish and you're not going to get any money from him. Total waste of time and effort. He took the picture down, and the story should stop there. Sending him an invoice is comical at best.

[StereoInstaller1]

As I know dick about "intellectual property" rights I cannot comment on the whole legal aspect...but it sure seems that Lee and you make a lot of sense in your postings.

Good luck on the battle!

Luke

[speedminded]

I worked in advertizing and still consult. Every single case involving a picture that is used without the expressed (not assumed) consent of the photographer or a right holder is always lost by the agency/studio that wrongfully used the picture. Basically, every picture must have some sort of release form "attached" to it. Not only the photographer gets his usually fee paid, but it also comes with a huge punitive fine. Very often, if a Guild of Photographers exists in your state, it will give you hand to help you enforce your right.

Last time I checked the "DTMfiberthing" website, I think that 95% of the pictures were "borrowed" and not even of the actual product. Basically, if a photorapher wants to make a case easy, he only has to make screen dumps of all the pages, research the originals, and demonstrate that his case is not an isolated case and that the website extensively uses stolen pictures. BTW what remains to decide is who is at fault. The parts manufacturer or its website design firm? Pretty sure that the manufacturer will shovel the responsibility on the design firm.

I am also pretty sure that the OP would have agreed initially, before the facts, to rent his picture for a low fee or in exchange of free advertizing if he had known in advance. But hey, the website designers decided otherwise.

Bingo. I'm willing to bet you had a hand in the Massive website right? I've always said it's one of the most beautiful aftermarket parts websites on the internet today, honestly nothing else I've found compares.

Actually Massive destroyed my motivation to fabricate and sell a couple brake kits I've designed using Porsche calipers lol! It would take SOOO much effort to compile all the information and knowledge you offer to even be close to your level. I've attempted so many times spending countless hours on trying to build a similar site just to get frustrated when I go back to yours. It's clean & simple with everything being uniform and presented perfectly. Seriously I'm jealous lol!

[speedminded]

I don't think the maroon E30 has a single eurostop part on it either.

The e46 was shot on the Nürburgring with an Olympus E-1. The e30 appears to be the same style/photographer but it doesn't have any EXIF data to know for sure. I see no Eurostop/DTMFW parts either. I thought I knew the photographer that took them, as he did too, until he discovered the EXIF data on the e46 to be a different from his camera. I've recognized the photographers of at least 3 photos stolen on various websites the past year...even just from small crops of the original.

The silver 2002 was taken from photobucket, the file name wasn't changed and it was uploaded 2 months before the new DTMfiberwerkz website. Not to mention there are two more photos of that car that aren't on DTMFW. http://www.flickr.com/photos/32399794@N02/3837523986/

The E36 GTR Race Style Widebody Kit on DTMFW is ironically the same photos found on Octane Motorsports.

The list goes on and on: the entire website, other than a couple of their own personal cars, was made from stolen photos.

[Massive Lee]

I worked in advertizing and still consult. Every single case involving a picture that is used without the expressed (not assumed) consent of the photographer or a right holder is always lost by the agency/studio that wrongfully used the picture. Basically, every picture must have some sort of release form "attached" to it. Not only the photographer gets his usually fee paid, but it also comes with a huge punitive fine. Very often, if a Guild of Photographers exists in your state, it will give you hand to help you enforce your right.

Last time I checked the "DTMfiberthing" website, I think that 95% of the pictures were "borrowed" and not even of the actual product. Basically, if a photorapher wants to make a case easy, he only has to make screen dumps of all the pages, research the originals, and demonstrate that his case is not an isolated case and that the website extensively uses stolen pictures. BTW what remains to decide is who is at fault. The parts manufacturer or its website design firm? Pretty sure that the manufacturer will shovel the responsibility on the design firm.

I am also pretty sure that the OP would have agreed initially, before the facts, to rent his picture for a low fee or in exchange of free advertizing if he had known in advance. But hey, the website designers decided otherwise.

[Eric]

I don't think the maroon E30 has a single eurostop part on it either.

[accident]

I hope you win your suit, this is obvious infringement and I definitely feel you handled this in the most appropriate manner.

And fuck everybody saying you're a douche.