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Dealing with copyright infringement

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DavidWH

DavidWH

Free Member
Feb 15, 2011
1,785
358
Manchester
Received a strange e-mail this morning, from 'Anon' advising me that a company page on Facebook is using a photo of a van we signed a few years ago.

A quick search finds the page, and low and behold there's the van we signed, clearly on our estate, it also features 3 times on their website.

A public comment on Facebook asking for the image to be removed, and it has in one location. A DCMA notice has been sent via e-mail to both the website owner, and the host asking for the image to be removed.

A few reverse image searches using image off their site, it appears they've copied images from other sign companies and passing them off as their own.

Screen shots taken of both Facebook & the Website clearly showing the image, a screen shot of the Whois data shows the domain was registered recently and a few years after the image originally appears on our website.

I'm a little pee'd off with the cheek, and if the images aren't removed I'd like to take it a little further, but how?
 
If you search on here I think you may find a model letter for this sort of thing
 
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Is the picture one that you took, or is it something somebody else took?

Are they a sign company and are they passing off your work as theirs?
 
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Had a look at IPEC, and will be the route we take if needed.

Yes image is a photo we took of a job we completed.

They are a sign company passing our work off as their own, using it as a featured image for a button linking to the service, in a banner image, and on social media.
 
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DMCA requests submitted to Wix, Facebook & google.

IPEC is on the cards, but not sure what action to take before hand?

Letter before action, give them 7 days to pay an as yet undetermined amount, then go to court?

How do we put a value on what to claim?
 
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Just because they removed the image doesn't mean you can't continue to pursue for damages through IPEC. They used the image and should pay for a license for that time plus damages.
 
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We're still pursuing the matter. The issue we have is, that we'd never have issued a licence as the image was of a work we've completed, promoting our business & services.

The company in question simply stole our image, in order to profit from it, misrepresenting our work as their own.
 
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DavidWH said:
We're still pursuing the matter. The issue we have is, that we'd never have issued a licence as the image was of a work we've completed, promoting our business & services.
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It doesn't matter that you wouldn't have licensed it. You just need to work out a cost for a similar image if you had and...

The company in question simply stole our image, in order to profit from it, misrepresenting our work as their own.
Click to expand...
...Then add on something for damages to cover this.
 
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We're claiming £1125+VAT for the image.

Reading advice on line, we can submit the claim form asking for a minimum of £1125+VAT, plus profit on account at the judges discretion.
 
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I'm sure it was a genuine honest mistake, stealing our image, along with other companies, and then when asked to remove them, replacing them with other stolen images from other companies from around the country. :D
 
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We had no response to any communication, and our claim form was sent to them, which did prompt a response, to which they were best advised to put their comments on the form supplied and send it back to the court.

Since then we've heard nothing, with just under a week before the 14 days passes.
 
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DavidWH said:
We had no response to any communication, and our claim form was sent to them, which did prompt a response, to which they were best advised to put their comments on the form supplied and send it back to the court.

Since then we've heard nothing, with just under a week before the 14 days passes.
Click to expand...

Good Luck with this, we recently had to get a largish company to remove our images stolen from our website, not as much as an apology either
 
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I'm not holding my breath, but this one person/company is prolific, they're continuing to use other companies work to promote their own business, and adding disclaimer on the footer of the website saying images may not be there's but represent what they can do.

Our images were removed, but replaced with others. It's a matter of principle at the moment.
 
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Update:

Claim form was issued 18/05, and sent both 1st class and signed for, so I've both proof of delivery & postage.

We received a phone call, which got heated as they realised that the chance to sit and talk has passed, as they've ignored all our attempts to resolve the matter amicably and my final word was to put their excuses on their forms and return them to the court. Their assurances that I won't get a judgement just fuelled my determination.

Since then we've heard nothing, no response has been received.

We instructed our debt collectors to perform a track & trace, however they've turned up a blank, so we've only the name available on the Whois for the domain name, and the trading address and the address again from a whois lookup.

We're now asking for default judgement and see what happens when the HCEO turn up at their doorstep.
 
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DavidWH said:
We instructed our debt collectors to perform a track & trace, however they've turned up a blank, so we've only the name available on the Whois for the domain name, and the trading address and the address again from a whois lookup.
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Also look at Google street view to see what their address looks like. If its an industrial unit there may be other associated businesses which will give you more clues.
 
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They're renting a small commercial unit, I doubt any assets due to the nature of their work.

The other address is a residential address, which hopefully is current as the domain wasn't registered that long ago. As it's a sole trader, I assume they can visit the home address too?
 
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Well said and well done David! I just wish more people were as vigorous as you have been,in getting to grips with those who infringe the IP property of others.

I am still waiting for the goof-ball who did this to come onto this forum to complain about being 'victimised' and asking what he can do about it!
 
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DavidWH said:
They're renting a small commercial unit, I doubt any assets due to the nature of their work.

The other address is a residential address, which hopefully is current as the domain wasn't registered that long ago. As it's a sole trader, I assume they can visit the home address too?
Click to expand...

When is it due in court, and how much did you ask for use of each image ?
 
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There's been no hearing, and I doubt there will be one.

I've asked for £1380 + the court fees, for using 1 image, but the image was used in 3 prominent positions and on social media advertising their services. :mad:

I've done a little more digging and found another address to pass on to the HCEO... they also have an outstanding CCJ already from last year.
 
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Tes, but a quick search found the defendant already has an outstanding CCJ from last year. So if they've tried HCEO and failed, I would think we will too.
 
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I've submitted the request for the default judgement as no defence was received by us.

Strangely today I received an e-mail from the courts after I chased what was happening, to be told the defendant has filed a defence with the court and they now wish to know if I would like it transferred to the IPEC small claims track, or have a directions questionnaire sent out.

I'd like to see what the defence is before deciding how to proceed.
 
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Got a copy of the defence.

They're claiming they used a 3rd party to make their Wix website, and then admit to launching the website & social media using the image in question, and pleading they didn't know it was wrong to use the image.

I'm now asking for a summary judgement as they've admitted to using the image, and ignorance of the law isn't cutting the mustard.
 
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DavidWH said:
Got a copy of the defence.

They're claiming they used a 3rd party to make their Wix website,
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You've got them bang to rights. They are the publisher and responsible. Chances are that as you continue the process through IPEC that they will settle before it reaches the court. Even if they do decide to defend in court it will be an experience for you to remember. Its in an annexe behind the famous facade of the Court in Fleet Street. Just a simple room with a judge. You can charge travel costs, accommodation and loss of a days earnings. I thoroughly enjoyed my day in court.
 
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Exactly my argument. They appointed a designer, didn't supply any content, but were happy to continue using the site, knowing the image wasn't their work, and unsure of its origin and copyright status (although the nature of the image it would be clear the image was copyrighted)

I've requested a summary judgement in an attempt to speed things up, and save the visit to London, the case seems clear cut to me.
 
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DavidWH said:
They appointed a designer, didn't supply any content, but were happy to continue using the site, knowing the image wasn't their work, and unsure of its origin and copyright status (although the nature of the image it would be clear the image was copyrighted)
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It shouldn't cost them anything to settle with you because they can recover the amount from their designer.
 
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It is hosted by wix so I assume built on their platform, using their nameservers. Domain is registered in their name by Register.com Inc t/a Network Solutions.
 
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