Legalities of CT company using my pics on their website??

[muzza01]

Hi guys,
Asking advice from other swaggers that have experienced something like this.

I have noticed that Broadwater campers are using a photo of my CT on their website.
The fourth photo down in this link is a pic of the slide out kitchen on my CT attached to my Cruza in my backyard.

http://www.broadwatercampers.com.au/index.php/new-campers/hard-floor-bct-04e/hard-floor-bct-04e.html#.UuGZXRHXeSM

I didn't purchase my CT from this company. I can't understand why they we need to use my pic. Can't they just take one of their own.
They could have copied it from "my CT" thread, not sure.
I just tried to call them but they are not answering the phone.
Here is the original pic

[achjimmy]

I'd say they should remove unless you give them permission?  You may have to prove you are the copyrighted holder of that photo. But my understanding even though you put it in the public domain you still hold copyrights or at least to a substantial period after your death.

[Pog]

No Offence - But does it really matter?

[muzza01]

No Offence - But does it really matter?

Probably not. It would have been nice if they asked.  Why my pic? Surely photo opportunities of CTs are not difficult to come by if you are selling them?

[Bird]

I just tried to call them but they are not answering the phone.

they are probably watching the forum if they are getting photos from here.

Nothing like false advertising though eh... Yours isn't a Broadshonk and they are saying that kitchen is one of theirs.

[KingBilly]

As per my reply in the other thread, smile and be proud they thought your photos was good enough to use.  You posted something on the web and I believe it is now public domain and there's nothing you can do about it.

KB

[dazzler]

No Offence - But does it really matter?

LOL




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[DannyG]

They should have asked, it is pretty rude really.

[dazzler]

If it's in the public domain then it's really open slather. Basically if it's in google images then it's fair game.

As Danny says it would be nice to be asked but hey, it's flattering non the less.

I know a lot of my old Chippendale shots still get used and I get no calls.


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[DannyG]

I know a lot of my old Chippendale shots still get used and I get no calls.

No calls from the women...yup understandable

[KingBilly]

They should have asked, it is pretty rude really.

How?  If the the photo was on Google Images, how would they have found a contact to use?

KB

[DannyG]

How?  If the the photo was on Google Images, how would they have found a contact to use?

KB

google images always reveals the source of its images doesn't it?

[KingBilly]

google images always reveals the source of its images doesn't it?

Correct, you can click a link to the source but when you get to the myswag page, how do they contact the poster to get their permission.  They would have to go to the effort of joining the forum to PM the poster.  All too hard when they don't have to.

KB

[DannyG]

Correct, you can click a link to the source but when you get to the myswag page, how do they contact the poster to get their permission.  They would have to go to the effort of joining the forum to PM the poster.  All too hard when they don't have to.

KB

I understand that but it still would have been the polite thing to do. I would have went to the trouble if I wanted to pinch someones pic, especially to promote my own business.

Anyway, I am not so sure just because an image is on the web or comes up on google images makes them open slather for anyone to use for any reason. Of course I am not sure of this but at a guess Id suggest there may be some sort of rules around in regards to it.

[KingBilly]

I understand that but it still would have been the polite thing to do. I would have went to the trouble if I wanted to pinch someones pic, especially to promote my own business.

Yep, not disagreeing with you.  Courtesy if using for commercial purposes but a PITA nonetheless and most people wouldn't be bothered.

Anyway, I am not so sure just because an image is on the web or comes up on google images makes them open slather for anyone to use for any reason. Of course I am not sure of this but at a guess Id suggest there may be some sort of rules around in regards to it.

I've always been told that if you post on the web, you lose any rights to ownership, be it words or images but happy to be proven wrong with some hard facts.

KB

[HKB Electronics]

A search revealed:

"Copyright on the web seems to be a difficult concept for some people to understand. But it's really simple: If you did not write or create the article, graphic, or data that you found, then you need permission from the owner before you can copy it. Remember, when you use someone's graphic, HTML, or text without permission, you are stealing, and they can take action against you."

And

"When is Copying Something an Infringement?

The most common types of copyright infringement on the web are images being used on web sites other than the owners. It doesn't matter if you copy the image to your web server or point to it on their web server. If you use an image on your web site that you didn't create, you must get permission from the owner. It is also common for the text, HTML, and script elements of a page to be taken and reused. If you have not gotten permission, you have violated the owner's copyright.

Many companies take this type of infringement very seriously. About, for instance, has a legal team that handles copyright infringement, and the Fox TV network is very diligent in searching out fan sites that use their images and music and will demand that the copyrighted material be removed."

General it seems the default assumed if not shown is anything posted on the web is copyrighted unless specifically indicated otherwise.

You can remove any copy right you have to a picture for instances but apparently this is not easy to do so anyone intending to reuse your picture should check the copyright status before use.

So it would seem they should not be using it without your permission.

[KingBilly]

Got a link Leigh?  Not doubting it but would like to confirm the validity of what you posted.  Anybody can post anything on the web but it doesn't mean it is correct.

The most common types of copyright infringement on the web are images being used on web sites other than the owners. It doesn't matter if you copy the image to your web server or point to it on their web server. If you use an image on your web site that you didn't create, you must get permission from the owner.

Playing the devil's advocate, how the heck does Google Images get away with posting all the images that they do?  They sure as hell don't asked everybody's permission so what's the go there?

KB

[DannyG]

Got a link Leigh?  Not doubting it but would like to confirm the validity of what you posted.  Anybody can post anything on the web but it doesn't mean it is correct.

Playing the devil's advocate, how the heck does Google Images get away with posting all the images that they do?  They sure as hell don't asked everybody's permission so what's the go there?

KB

Technically they are only displaying the image at its original source

[muzza01]

I am not trying to make a big deal of the whole thing. It's not like I trying extort money off him, its just that he is using my pic to try and sell his CT.  At the end of the day this CT may have come from the. Same factory in China but it didn't come from his sales yard.

I just can't understand why they used my pic. Everyone owns a phone with a camera these days. If you are in the market of selling CT's would mean that you have access to them whenever you want.
You could take a much better pic than i ever could, especially for a website. 
Surely it would be easier to take your own photo rather than search for one on the web.

Just saying

[HKB Electronics]

Technically they are only displaying the image at its original source

Directing to another's link is also copyright infringement it seems if you don't have their permission.

See:

http://www.smashingmagazine.com/2011/06/14/understanding-copyright-and-licenses/#what-is-public-domain
http://webdesign.about.com/od/copyright/a/aa081700a.htm

I'm not a copyright lawyer so this may all be crap, but I know my son who does web design / creates websites etc never links to other sites or uses content without the owners express permission.

I suppose the bottom line is do you have the resources to take them to court if they refuse to take it down?

[DannyG]

Lol I'm sure your safe!
I used to sell a certain line of products online but I was grey importing them so the local distributors kicked up a stink and rightly so.
The big multi national who's products I was selling got their legal team onto me for using their logos. My argument was that I got the logos from a google search.
As it turned out I was wrong. Google is only compiling the images for ease of a search, they are still at there original location and supposedly technically not hot linked. I don't know the ins and outs of it but google are safe.

[weeds]

maybe send them an email and ask what the deal is.........

[KingBilly]

Thanks for the replies Leigh and Danny.  I've personally learnt a lot today.  Obviously what I have been told for quiet some time is not totally correct.  A couple of USA links as I don't have the time to keep searching for Aussie links.

http://www.socialmediaexaminer.com/copyright-fair-use-and-how-it-works-for-online-images/

http://www.jdsupra.com/legalnews/the-law-of-using-images-from-the-web-on-83653/

KB

[Goose]

I think the real question here is how on earth do you get your grass so green?

[DannyG]

I think the real question here is how on earth do you get your grass so green?

That's probably more worthy of a discussion