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Image copyright - another retailer has used ours

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cotc2001

Free Member
Dec 24, 2007
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Normally when i've found that another retailer is using one of our images (which i've shot myself) I usually just send off a friendly but straight to the point email pointing out their error with example links to both the image they have on their site and then the original from our site.

I've found quite a large retailer using part of our image in a banner on their site.
As it's not a full image and the models face is not used am I still in the right to claim copyright infringement.

For example
Their banner
Splash-of-Colour-780x180.jpg


Pink underwear taken from the original on our site
01981-2.jpg
 
Of course you are!.

The chances are that the company have used a web agency to do their site's graphics and the designer has done what most do, look at the competition and plagarise a bit from each!.

Send an invoice for 2k for unlicensed use and demand that the image is removed and replaced within 14 days and add that failure to oblige with either request will result in Legal action.

Now just make sure you are the owner of the original image, you have got model release etc and if the culprit is a decent sized firm, you will no doubt get paid and your request to remove will be confirmed in writing within a couple of days. Should the culprit be a bedroom operator, then don't hold your breath for any money!.

Cheers Will:)
 
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I dont remember posing for that photo, wheres my money, damn your eyes LOL, I wish!!!

Yeah I agree, fire off an invoice for what you would charge plus some more for the invonvenience.
 
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I don't want to go down the invoice route just yet as i've always found the "ask nicely" approach to work in the past and then if ignored follow it with a phone call and then if still ignored then put my foot down.
 
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cotc2001 said:
I don't want to go down the invoice route just yet as i've always found the "ask nicely" approach to work in the past and then if ignored follow it with a phone call and then if still ignored then put my foot down.
Click to expand...

You nearly had me there, two diffrent sign in names. I wondered who that was posting.

Glad its worked out for you. Should you get a littel gratis payment for the time its been on their website though, after all theyve had the use of it? I dunno, not the market I'm in, although I've read elswhere on here Getty images sending bills out.
 
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Yup I must have two accounts by mistake and my laptop is signed into one and my office into another - have to get the cotc2001 deleted somehow.

Yeah I could but it's a pain in the rear and to be honest I do appreciate that mistakes are made and some of the time it's unintentional - and the banner wouldn't of been up for more than a few days as I visit competitors daily and would of known if it had been up for a long time.
 
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Cheers,
I actually used to work for HOM about 10 years ago and have stocked them since 2004 (along with our other pretty much dead site www.justhom.com) so know the brand really well.
It's one of those brands that is getting harder and harder to fine in the high street.
 
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Williams lester said:
An accountant..in pink pants...that must be a first!
Click to expand...

Dave, I have just placed an order. I can confirm that the ladies love a chap in decent underwear (I haven't ordered anything pink though).

To DGU - it was a little annoying finding a product on your justhom website that wasn't on the main site. I chose something else, as I didn't want to do two orders with two post & packaging charges. But you have a very good website though. Thanks (now lets see how many weeks it takes royal mail to send my product!).
 
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yorkshirejames said:
Dave, I have just placed an order. I can confirm that the ladies love a chap in decent underwear (I haven't ordered anything pink though)./quote]

Thats where we've all been going wrong in this forum, all the threads about generating sales, marketing, seo's,etc. Just turn up to prospective clients in your bundies,get straight past the receptionist no problem, sale made.LaughinMAO:D:D:D
Click to expand...
 
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yorkshirejames said:
Dave, I have just placed an order. I can confirm that the ladies love a chap in decent underwear (I haven't ordered anything pink though).

To DGU - it was a little annoying finding a product on your justhom website that wasn't on the main site. I chose something else, as I didn't want to do two orders with two post & packaging charges. But you have a very good website though. Thanks (now lets see how many weeks it takes royal mail to send my product!).
Click to expand...

Yes it can be annoying but what we are doing is slowly killing off the justhom site and gradually moving products over. what we would do is that if we see orders on both sites from the same person we combine them and void the postage cost (and if the combined value is over the free postage limit then it's free postage).

Everything we do now is mostly on deadgoodundies and justhom is just there for residual income.


Oh and PM me your order number and i'll stick a few extra goodies in there.
EDIT: No need to PM me, just seen your order now.
 
Last edited:
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The polite letter is always best... you can start sending invoices and ultimately remind them that copyright theft is now a criminal offence. (You can thank the film companies for that)
 
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deadgoodundies said:
Yes it can be annoying but what we are doing is slowly killing off the justhom site and gradually moving products over. what we would do is that if we see orders on both sites from the same person we combine them and void the postage cost (and if the combined value is over the free postage limit then it's free postage).

Everything we do now is mostly on deadgoodundies and justhom is just there for residual income.


Oh and PM me your order number and i'll stick a few extra goodies in there.
EDIT: No need to PM me, just seen your order now.
Click to expand...

Why don't you do a 301 redirect from the justhom site to the new one, saves messing about with 2 lots of order processing?
 
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deadgoodundies said:
Oh and PM me your order number and i'll stick a few extra goodies in there.
EDIT: No need to PM me, just seen your order now.
Click to expand...

Thats very kind of you, many thanks. Depending on your database structure, could you arrange the sites so that they pull from the same database? Two shop windows are always better than one (in my opinion). And/or that justhom.com points at deadgoodundies.com/hom (or whatever your hom page on dgu is).

No need to rush with the order - the missus gave birth last week (baby boy :-) ) so I'll not be needing the products for several weeks!
 
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willitbe said:
Why don't you do a 301 redirect from the justhom site to the new one, saves messing about with 2 lots of order processing?
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Because i'd still have to upload the products to DGU which means resizing a load of images and then of course there is the problem of having "too much" underwear on a site :D

For ones where we have moved over already they are 301'd
 
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yorkshirejames said:
Thats very kind of you, many thanks. Depending on your database structure, could you arrange the sites so that they pull from the same database? Two shop windows are always better than one (in my opinion). And/or that justhom.com points at deadgoodundies.com/hom (or whatever your hom page on dgu is).
Click to expand...

No not unless we used a different product from x-cart as there would need to be major coding due to so much being tied into specific tables which couldn't be duplicated.

SEO wise it also suits us to have the two sites as we get double exposure on the search engines for example type HOM underwear into google and we take 2nd and 3rd position only below HOM themselves and we have the banner on justhom to show that our other site has HOM underwear on as well.
 
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yorkshirejames said:
This is unfair - discrimination against the heterosexual male. I demand that you open another website immediately selling ladies underwear.
Click to expand...

So let me get this right, you get work easily by walking round in nothing but your HOMs and now you want womens underwear too. My oh my oh my,:D:D:D:D:D:D:DGot to have a laff havent you.;)
 
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I have just found out something similar. Whilst doing my research for my website, I met with a few companies to discuss my requirements. I just found out today that one of the companies had included my company's logo & link to my site in their portfolio. I only found out because a lady I met at a Business Link seminar (which is where I met this guy) called me to ask for a reference.

wondering what I can do. Can I get compensation of any sort?
 
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Tangerine said:
I have just found out something similar. Whilst doing my research for my website, I met with a few companies to discuss my requirements. I just found out today that one of the companies had included my company's logo & link to my site in their portfolio. I only found out because a lady I met at a Business Link seminar (which is where I met this guy) called me to ask for a reference.

wondering what I can do. Can I get compensation of any sort?
Click to expand...

It depends. Are this other company suggesting that you are their client? You can certainly instruct them to remove any incorrect material. On a practical level, I believe that all publicity is good publicity. Why not get them to add your website link?
 
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