Vendor Stole My Photo

[Wh33lhop]

They were given 30 days to make an offer, simple as that. I agree with you in some ways then I think about the 12+ hours staight I was holding a 10lb camera setup up and 50+lb camera bag busting my ass doing freelance photography in less than ideal conditions, followed by countless hours editing photos to share them with fellow BMW members, to have a company take them and cut out my watermark to use my image to sell their products and make them money. You having no respect for me doesn't bother me lol! It's my photo and they removed my watermark for their own benefit.

I feel for you, but your methods seem like they are approaching blackmail. It sounds like (correct me if I'm wrong) you're basically saying "pay me or I'll register for copyright and sue you" simply because you are in a position to do so. If you already had the image copyrighted, it would probably come off a little differently.

That said, I'd be pretty fucking pissed too. And since when is a 2002 an E21?

[Aptyp]

I'd still find a better approach, than getting lawyered up. Especially since you may own other pics that they could use. I really don't understand, why your first action is to see how you can screw someone instead of seeing how you could work with them? Simple logic, as you may get absolutely nothing out of this.



PS: I really like your gallery code on your site. What is it and can I use it?

[bejbis]

There's 3 intellectual property attorneys within 15 miles of my house. One in the building next to my old office. I have the time and the money ;-)

If thats the case, and you want to, take it to the next level. In photography, you can either be a professional, or a hobbyist. If your having to deal with this, your probably the latter. Either way, good luck, your going to need it.

[speedminded]

I see where you're coming from... but that's a bitch move. You could have called and talked to them, you could have e-mailed, PM'd or contacted them in so many ways. They'd probably be happy to hear from you and offer you a deal on the parts you desired.

I don't agree with "your plan of attack" and waste of your own time when you could have easily done something nice and possibly be rewarded for it. No respect.

They were given 30 days to make an offer, simple as that. I agree with you in some ways then I think about the 12+ hours staight I was holding a 10lb camera setup up and 50+lb camera bag busting my ass doing freelance photography in less than ideal conditions, followed by countless hours editing photos to share them with fellow BMW members, to have a company take them and cut out my watermark to use my image to sell their products and make them money. You having no respect for me doesn't bother me lol! It's my photo and they removed my watermark for their own benefit so apparently that makes two that have no respect for me or my work, oh well!

They are calling your bluff. Its doubtful you have a intellectual property attorney, much less the money/time to go ahead with this over a couple hundred bones.

There's 3 intellectual property attorneys within 15 miles of my house. One in the building next to my old office. I have the time and the money ;-)

[bejbis]

They are calling your bluff. Its doubtful you have a intellectual property attorney, much less the money/time to go ahead with this over a couple hundred bones.

[Aptyp]

I see where you're coming from... but that's a bitch move. You could have called and talked to them, you could have e-mailed, PM'd or contacted them in so many ways. They'd probably be happy to hear from you and offer you a deal on the parts you desired.

I don't agree with "your plan of attack" and waste of your own time when you could have easily done something nice and possibly be rewarded for it. No respect.

[speedminded]

What's funny about it is I discovered it just 3 days after the new site went live. I had been waiting well over a month for the new site to be up, checking it every few days, because I was wanting to get a set of the ESM BBS RS replica's. That part of the Eurostop site was still not working but I noticed the DTMfiberwerkz was up so went to check it out...and there's my own photo lol! Then I spent the next couple weeks researching copyright laws and talking to attorneys to plan the method of attack...

[Wh33lhop]

Soo, this begs the question: how much? ;)

[machined]

You wouldn't think it'd be hard to PM someone and get permission...

[SamE30e]

Shitty deal, hope it works out.

I'm surprised their website works.

[speedminded]

dtmfiberwerkz.com aka eurostopusa.com
19019 Parthenia Street, # 107-108
Northridge, CA 91324

I wasn't going to post this up but their apparent refusal to pay for the photograph they stole and cropped my watermark from has forced me to. I sent the vendor a letter and invoice stating they have 30 days to respond otherwise all evidence will be turned over to my intellectual property attorney.

A notary public at the UPS Store screen captured, printed, and notarized the said copyright infringement as evidence; including the images, the source, and the file directory that contained the image. I included copies of this in the packet I mailed them.

Ironically they removed the photo within a day of receiving my packet and I did not even send a cease and desist letter. The invoice is for the use of the image up to the day of the said invoice, and as a gesture of good will offered a free 2 year usage license. This way by removing the image, which I was sure would be done anyways, has zero affect on the outcome. They can't simply say it's gone and they're not using it so they don't have to pay for it.





Click to enlarge images


Copyright FAQ's by speedminded.

Since March 1st 1989 all creative arts, including photographs, are copyrighted material the moment they are created: that includes literary works to paintings. That means anyone that takes a photo owns the rights to it the second they push the shutter button, whether it's a cell phone camera or a $40k Hasselblad. The image is not required to be registered with the US Copyright office in order to award the photographer actual/compensatory damages and photographs are not required to have a copyright written on it. If the copyright notice is removed the infringer may face an additional $2,500 charge.

If a photograph is registered then statutory or even punitive damages may be awarded. There is a 90 day requirement after publication for an image to be registered. As seen in the file directory screen capture as of today it's been 45. For $35 my photograph is being registered with the US Copyright office which allows statutory damages up to $30,000 and punitive damages up to $150,000 per image.

I don't mind a company using my photographs, I have an issue with a company using my photograph for commercial use without my permission PLUS removing my watermark from it. This thread is to alert the other photographers of the copyright infringement(s).

Refrences:
http://asmp.org/tutorials/frequently...copyright.html

http://www.copybyte.com/copyright/infringement/4L/digital-copyright/frequently-asked-questions.htm