Is this legal?

imamutant

Hi all

Firstly I apologise this question has nothing to to do with anything in this forum... But it's the only forum im on and I know you guys have a lot of knowledge regarding whats legal. And hoping you can help anyway?

Found a company/professional, posting photos that I have taken on social media, and putting their logos on my images. Is that legal? My images weren't watermarked or anything and were online. So they literally downloaded the image, put their logo on it and uploaded it to social media.

Is that illegal? Can I have them remove it?

Again sorry that it has nothing to do with anything.....

PasturesNew

It is illegal. Yes you can have them remove them.
You have full copyright; they have stolen them; they have nothing.

If, however, they're furreners, it's hit/miss if they'll take any notice of you.

Ectophile

Under what licence did you originally distribute them? If you're not sure, then it's likely to be the standard licence used by whatever web site you post to.

Without knowing the licence terms, it's impossible to say whether they are in breach of copyright, or working entirely within the rights that you have (accidentally or deliberately) given them.

bod1467

But they'll have no claim on copyright though. Therefore any logo they may place on such images is entirely meaningless.

pinkshoes

Just send them A bill for use of your images!

lush_walrus

bod1467 wrote: »

But they'll have no claim on copyright though. Therefore any logo they may place on such images is entirely meaningless.

They may have, it is possible to surrender your copyright as the creater of images, photographs, ideas, etc it has to be fair but is more common than you think. For example, I as an employer own copyright of work carried out on my premises. While at university students are generally able to refer to anyone's work, copy paragraphs of text without permission from the author, add others images into their thesis etc as long as the document is prepared for the purpose of examination.

We often pay others to create marketing material for us, therefore taking their photographs and their images and using them for our purposes. Again we agree the terms of the copyright, either we agree to use them as much as we wish but giving reference to the original designer, or we ask for the copyright to be removed.

There are others, those are just a couple of examples. It could well be that the website the image is added onto should have a statement regarding copyright, read that to understand the terms you have uploaded under, before going any further.

forgotmyname

Start by sending them a thank you notice for using your pictures but you cannot seem to find their invoices, Can they provide the invoice numbers for usage of the pictures.

Than make a figue up, The invoice will be for £££+ (approx £400 per picture). Something hefty to make then take notice that your not looking for £5 and quite willing to take them to court.

Contact the actual website and state they have your copyrighted images showing without your permission.

paddyrg

forgotmyname wrote: »

Start by sending them a thank you notice for using your pictures but you cannot seem to find their invoices, Can they provide the invoice numbers for usage of the pictures.

Than make a figue up, The invoice will be for £££+ (approx £400 per picture). Something hefty to make then take notice that your not looking for £5 and quite willing to take them to court.

Contact the actual website and state they have your copyrighted images showing without your permission.

Don't do this, saying you can't find their invoices will mean you are expecting to pay them, not the other way around!

Let them know the images are unlicensed, they can remove them or licence them , cost £50/photo. It'll resolve one way or the other

Undervalued

lush_walrus wrote: »

They may have, it is possible to surrender your copyright as the creater of images, photographs, ideas, etc it has to be fair but is more common than you think. For example, I as an employer own copyright of work carried out on my premises. While at university students are generally able to refer to anyone's work, copy paragraphs of text without permission from the author, add others images into their thesis etc as long as the document is prepared for the purpose of examination.

Only if the photographs are taken by someone working for you under a contract of employment and if it was part of their duties.

If the photographs taken by somebody working on a freelance basis then they would own the copyright in the absence of an agreement to the contrary.

If one of your employees took some photographs whilst at work but not as part of their duties (maybe with their phone) then you would not normally own the copyright despite the fact they were taken on your premises.

forgotmyname

paddyrg wrote: »

Don't do this, saying you can't find their invoices will mean you are expecting to pay them, not the other way around!

Let them know the images are unlicensed, they can remove them or licence them , cost £50/photo. It'll resolve one way or the other

Do you not keep copies of invoices that you send out? I do.

So if i want to check that someone paid, then i check their invoice number and compare it to my copy.

Useful when someone claims their £20 lifetime warranty toolbit has broken and wants a refund/replacement. Invoice shows they bought the cheapy one..

bod1467

Why would someone who stole a photo send an invoice? Surely it would be the other way round ... the person who owned the photo would send an invoice? That's what paddy was alluding to.

However your further reply makes it clearer ... it wasn't clear from your earlier post.