Competitors use of my product image

[crelding]

Hi Guys,

I have just seen a competitor create a similar product to my own (health supplements). The competitor has used my product images of the capsules on their website though, which is a bit annoying. Their product is slightly different in that it has a few different ingredients, but it is annoying that they have used a picture that I took of my capsules to promote their own.

Thoughts on this? Can I do anything?

 

[Shopclicks]

Call them and tell them you want the images removed. Then watermark all of your images.
They possibly don't realise the images are owned by you, they may think it's a manufacturers image.
I've had competitors using my images with our website watermarked across the product. Called them and they removed them.

 

[Deleted member 59730]

Charge them damages.

http://www.epuk.org/opinion/stolen-photographs-what-to-do

 

[crelding]

Can I really charge them damages??

 

[Shopclicks]

Can I really charge them damages??

Sure! You may even get enough to pay your solicitor.

 

[crelding]

Sure! You may even get enough to pay your solicitor.

Yeah that's what I thought, lol. Do you think its not worth kicking up a fuss about it, and just telling them to remove it?

I don't really want anything out of it, but I feel like they need to be taught a lesson. Its a bit cheeky to use a competitors image to promote your own stuff, and its not good business practice. Or am I being too cruel?

 

[Shopclicks]

Yep. Just call them and ask them to remove your images. If they refuse, then have a think about whether it's worth pursuing. Sometimes a letter from a solicitor works wonders but it will cost you more than you could ever hope to recover.

 

[fisicx]

Or am I being too cruel?

No, you are protecting your business. Don't email them, send a recorded delivery letter and make it clear if they don't remove the image you will be claining breach of copyright.

 

[OldWelshGuy]

9 years old but still works. http://www.oldwelshguy.co.uk/web-marketing/beating-the-content-thieves-stolen-website-content

 

[crelding]

Great post OWG - cheers!

 

[Deleted member 59730]

Can I really charge them damages??

Of course! Thieves only understand what they have done wrong when you charge them real money.

Try reading http://www.webbaviation.co.uk/court-report.html

And for a bit of humour http://www.webbaviation.co.uk/top10.html

 

[paulears]

The process for copyright theft is available on line, and is by all accounts pretty good. If they stole your images and used them, then as per Getty Images stock abuse system, then invoice them for the image they used. If they don't pay, you do an online court summons. If, of course, you can be bothered.

 

[digitaladditions]

Direct way is to send a mail to inform them to remove that image.

 

[fisicx]

Direct way is to send a mail to inform them to remove that image.

Have you even read the whole thread?

 

[Deleted member 59730]

DMCA is a USA law. Does not apply in the UK.

 

[paulears]

Before you do anything, what exactly do you want? you could 'be nice' and license the image you own for them to use, as friendly competitors - using it for a 12 month period is only £250. They may pay and it's a result. You could ask them to remove it, and they may do so straight away. It cost you some time, but they'll take their own photo to replace it. You get all indignant and send them an invoice for using the image at a lot of money, and if they don't pay, you take them to court.

Or - you just teak them nicely it's a bit of a cheek them pinching you picture, but what the hell? Don't even worry about it. Sometimes life is too short.

 

[beasty]

Mostly that would work, but if the invoice is not reasonable you will lose in court and my lawyer would charge me 1000 quid to send them a letter, so unless you can prove that it made them money, cost you money, was malicious, is valuable and so on you are wasting your breath.

Be pleasant and invoice them
Register with Getty and next time it happens Getty can threaten for you, they do this a lot

 

[paulears]

Only a very select number of sources are used by Getty - - You cannot 'sign up with them' to supply images. The majority come from a number of agencies, who ordinary professional photographers works for.

As for reasonable - the cost of using photographs legitimately licensed can be quite a lot of money, and the intellectual property courts are perfectly aware of how much a licensed image can cost. It all depends on how many people see it!

Getty do not threaten, their business plan protects their property, and when they tell people they will take them to court, it's not a threat - they do it because it's so simple and provable!

 

[Groggy]

Watermarking is a good idea. Also make sure your images contain a copyright message in the EXIF data. EXIF data can be removed easily enough, but the type of person who just steals images to use probably wouldn't bother. See verexif.com

 

[paulears]

and in one recent court case, the judge decided that this was flagrant misuse - as in they obviously understood copyright, and by removing it made it, and the fine an awful lot worse.

 

[Deleted member 59730]

Mostly that would work, but if the invoice is not reasonable you will lose in court and my lawyer would charge me 1000 quid to send them a letter, so unless you can prove that it made them money, cost you money, was malicious, is valuable and so on you are wasting your breath.

The IPE Court small claims track is easy to do yourself and the preliminary letters are little more than the cost of a stamp.