Northern Ireland Aviation Enthusiast's Forum

General => General Discussion => Photography => Topic started by: casper on October 11, 2009, 08:47:20 AM

Title: Cheeky B'stards
Post by: casper on October 11, 2009, 08:47:20 AM
Bought the Sunday World this morning and as with most Sunday papers there was some form of insert. In this case it was from Lidl. I normally ignore them but on this occasion I noticed a competition on the back page and the accompanying photos. Check them out here

http://www.lidl.ie/ie/home_ni.nsf/pages/c.o.comp.1.i

Notice any similarity to the attached image?



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Title: Re: Cheeky B'stards
Post by: Squad 701 on October 11, 2009, 09:22:53 AM
Oh very bad Lidl. I,m sure this goes on quite a lot.
The plus side being hopefully once you've contacted them and threaten them
 with a solicter a la Copyright Infringement, you might be able to get that new camera you were looking for :-) or at least a weekend in Dublin :-)
Title: Re: Cheeky B'stards
Post by: Paultojo on October 11, 2009, 09:53:05 AM
Yep get straight on to them, don't know what you normally charge but at least double it and send them a bill, as you say cheeky b'stards thinking they can steal and use your image.

Paul
Title: Re: Cheeky B'stards
Post by: Hammerhead on October 11, 2009, 10:02:26 AM
Oh very bad Lidl. I,m sure this goes on quite a lot.
The plus side being hopefully once you've contacted them and threaten them
 with a solicter a la Copyright Infringement, you might be able to get that new camera you were looking for :-) or at least a weekend in Dublin :-)
Or a trip to Madrid.... :LOL
Title: Re: Cheeky B'stards
Post by: String on October 11, 2009, 10:45:29 AM
Outrageous, oh it was a honest mistake i right charge them the going rate £5 per photo.
I freind of mine who used to work for the coleraine chronicle they paid him £3 per photo at a certain size £5 for a bit bigger & £8 for full size so charge them.
Title: Re: Cheeky B'stards
Post by: Blackbird on October 11, 2009, 11:04:00 AM
How do you know that permission wasn't sought / granted for use of the image?
Title: Re: Cheeky B'stards
Post by: casper on October 11, 2009, 11:11:28 AM
Quote
How do you know that permission wasn't sought / granted for use of the image?
I took the photo and have never been contacted about using it.
Title: Re: Cheeky B'stards
Post by: Blackbird on October 11, 2009, 11:36:23 AM
Quote
How do you know that permission wasn't sought / granted for use of the image?
I took the photo and have never been contacted about using it.

Ah - didn't realise it was yours.

Was it ever watermarked before you uploaded it online?
Title: Re: Cheeky B'stards
Post by: casper on October 11, 2009, 11:46:11 AM
Unfortunately not but they're a big company and should know better.
Title: Re: Cheeky B'stards
Post by: Xair on October 11, 2009, 05:05:57 PM
One of my customers is currently being sued by an American chap for using his photo on their website. Thier looking for $1500.00 Ahhhhhh new camera, Radarbox, a new scanner and a wee trip :drinks:

Xair
Title: Re: Cheeky B'stards
Post by: Blackbird on October 11, 2009, 05:41:42 PM
All the photo databases give you the option to watermark pics for this very reason - if your pic is used without permission you will have a case.

You need to remember that pics posted in the forum / gallery can be used for other purposes,even if they are too low resolution for magazines etc.Disabling the 'right-click' option can be bypassed by doing a screen print followed by crop,and you don't even need photoshop do do it.
Title: Re: Cheeky B'stards
Post by: casper on October 11, 2009, 07:16:11 PM
Quote
You need to remember that pics posted in the forum / gallery can be used for other purposes,even if they are too low resolution for magazines etc.
They can't be used for any purpose without the express permission of the owner. There's nearly 600 photos in the gallery here but other than my own I can't use any of the rest to promote this site without asking for permission first. Just because a photo is posted in an open forum without a watermark doesn't mean it can be used by anyone for any purpose.

Quote
if your pic is used without permission you will have a case.
This is the case so here's hoping :)
Title: Re: Cheeky B'stards
Post by: String on October 11, 2009, 07:20:48 PM
Go get them it is totally unacceptable they should never use any photo without permission i was making a calender for a freind but i had to stop as i couldn't get permission to use any pic's for it so i had to talk to a local newspaper and they let me use some of their own pic's so i got to make it.
Title: Re: Cheeky B'stards
Post by: Dave on October 11, 2009, 07:32:53 PM
It will be interesting to see how this pans out. Hopefully they will compensate you adquately for using your photo without permission. I'm surprised such a large company would do such a thing. Thankfully you discovered this as the chances are it would usually have gone unnoticed. I wonder if they have permission for the other photographs there.
Title: Re: Cheeky B'stards
Post by: Blackbird on October 11, 2009, 08:41:33 PM
They can't be used for any purpose without the express permission of the owner.

Just because a photo is posted in an open forum without a watermark doesn't mean it can be used by anyone for any purpose.

You are right  - but wouldn't you agree that watermarking a photo would reduce the risk of some chancer using it without your permission - and increase your chances of compo?

I hope you get an apology and some goodies for your trouble.



Title: Re: Cheeky B'stards
Post by: casper on October 11, 2009, 08:45:57 PM
I totally agree that a watermark would help. I'm not even sure where/when I posted this particular photo. It was taken at Salthill in 2005 and to be honest it isn't a great photo - the orginal is slightly out of focus :)
Title: Re: Cheeky B'stards
Post by: iCardboardRobot on October 11, 2009, 11:09:42 PM
Great spot mate, def get onto them, you have nothing to lose and lots to gain !!! :)
Title: Re: Cheeky B'stards
Post by: Angry Turnip on October 19, 2009, 01:27:23 PM
Heard anything back yet regarding this Casper?

A years supply of dodgey beer perhaps? ;)
Title: Re: Cheeky B'stards
Post by: casper on October 19, 2009, 01:28:46 PM
Obsolutely nothing. I think I'll try a solicitors letter now.
Title: Re: Cheeky B'stards
Post by: Angry Turnip on October 19, 2009, 01:49:12 PM
I agree-I think they charge £25-£30 for a letter,but I think you could claim that back from Lidl.

Really stupid thing to use your photo without permission:they are leaving themselves open to be sued.

Good luck with it.
Title: Re: Cheeky B'stards
Post by: casper on October 30, 2009, 06:35:45 PM
Solicitor is going to send a letter next week, see if he can spark a response.
Title: Re: Cheeky B'stards
Post by: Blackbird on October 30, 2009, 06:58:33 PM
Hopefully the letter will get the desired response.Sometimes these big companies think they can do what they like  :-X :-X
Title: Re: Cheeky B'stards
Post by: String on October 30, 2009, 08:12:32 PM
lets hope they see sense and cough up some cash.
Title: Re: Cheeky B'stards
Post by: Angry Turnip on November 12, 2009, 12:00:43 AM
Any Progress Casper ?
Title: Re: Cheeky B'stards
Post by: casper on November 12, 2009, 09:08:57 AM
Nothing as yet. My solicitor did say to leave it for 2 or 3 weeks for a reply to his letter. He also said it could possibly be cheaper to take them to the Small Claims Court, but I'll have to wait on a response first.