Infringment/Copyright Legal Help??

Mistral001

If this person is selling the clothing on Ebay or Amazon and that clothing have photos that infringe copyright, I believe Ebay and Amazon will remove the listing if they receive a complaint from the copyright owner.

Percy1983

halexis91 wrote: »

Hi Percy, thanks for the input.

You're very right that is definitely one way of doing it, but this matter has honestly put me off working with her ever again. She's shown me that she's not the type of person I'd ever want a working relationship with because it just shows how untrustworthy she is.

I think yes it is a lot of time and money but I think for me it's more principal. I had plans for all of those photos and now she's selling it as her work and ruined it whilst she's at it by putting awful text all over it!

Have you ever gone legal with this sort of thing when it comes to your photography business? If so, I'm eager to hear the time and money it cost you if you're happy to disclose?

I have never gone the legal route over photos as above I have never seen it being worth my time and money for the small cases which have happened.

If they are a company you can send them an invoice for use of your photo and if they don't pay you can then send the debt collectors.

Past that wait and if they make it big claim a portion of the multi millions pound empire was started with your work.

Plantlover66

Mistral001 wrote: »

If this person is selling the clothing on Ebay or Amazon and that clothing have photos that infringe copyright, I believe Ebay and Amazon will remove the listing if they receive a complaint from the copyright owner.

Unfortunately, she's only selling on Instagram at the moment. I've just noticed that she has them on her site too which is hosted by WIX so I may contact them too as Instagram were no use at all!

Plantlover66

Percy1983 wrote: »

I have never gone the legal route over photos as above I have never seen it being worth my time and money for the small cases which have happened.

If they are a company you can send them an invoice for use of your photo and if they don't pay you can then send the debt collectors.

Past that wait and if they make it big claim a portion of the multi millions pound empire was started with your work.

:):)
Thanks Percy. That's probably the best way to do it if I do pursue it.

I know IPEC have a small claims track which I assume is quite similar to small claims court so did think about going that route, but like you said I think I need to just think about whether the payout is gonna be worth the time and effort!

Thanks for all of your help

sasparillo

This is where it is worthwhile considering joining a freelance union or professional association. Not only can they advise but they can send a hard hitting letter on your behalf to the infringer and often that’s enough to scare the infringer into complying. Furthermore, they can advise and help you with further action. The photos always remain your copyright unless you have assigned the copyright or rights to another party which you have not done. If she has modified the photo(s), it just makes the infringement worse. It sounds as if you gave her the right, free of charge, to publish the photo(s) unmodified as long as she gave you a credit.