When someone uses your pics to promote their business.

Jules Design · Jan 30, 2018

So this idiot stole a product shot I did for their Kijiji ad; when I called him he claimed it was still his image. Trust me this is my image; my plant, my studio. Besides reporting the ad to my Client and to Kijiji, any ideas how I should deal with this parasite? Is taking this dummy to court worth it?

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Jules Design
Toronto Product Photography

BAK · Jan 30, 2018

And where are you and the thief. Location of the transaction relates to where the court room is.

You might find yourself at Bayview and Markham Road for the trial, and Leslie south of Markham road for filings.

Free parking at the courthouse and the filing office.

If you hire a consulting firm to help you, your personal work will be reduced, but you'll pay about 30% in contingency fees.

But you do not need consultants (usually paralegals or law students working for a lawyer) You can do everything yourself, for free except for some filing charges and charges for serving the papers on the deadbeat. And you can serve the papers yourself, if you want.

Expect to go to "court" twice. Both at a court house, one in a meeting room and once in a real courtroom if the meeting-room meeting does not yield a settlement.

And after you win, you still have to get the guy to actually pay you.

BAK

Aaron801 · Jan 30, 2018

My sense is that any formal legal action will cost you far more than it's probably going to be worth it to you.

I would maybe just send a high resolution photo with a watermark or something on it and explain that it would be impossible to have a high res original version of it if you weren't the one who took the photo. Explain that stealing an image like that is illegal, that it's a really poor way to run a business and if he really needs to use photos like that on his site than he really should think about using stock photos, hiring a pro or perhaps negotiating a fee to use your photo.

All of this might not change this person's mind, but it could be that he's just really ignorant about how these things work or that once he's called on the carpet for what he's done, he'll stop. If you don't have legal muscle to flex, this might be all that you can do even though it doesn't really come with anything like a penalty for not obeying...

stephang · Jan 30, 2018

Try copytrack.com.

You can upload your image(s) to them and they will perform a web search, or you can point out the match to them.

They will do the claiming and collecting, against 30-50% of the money collected. If they don't collect, you don't pay.

Has earned me a nice lens or two over the last year.

Craig Gillette · Jan 30, 2018

This guy is not your client but the shot is for their project? What were the use terms on the original contract/delivery? It's not clear who the guy is, his relationship to your client, etc.

SpiltMilk · Jan 30, 2018

Jules Design said:
So this idiot stole a product shot I did for their Kijiji ad; when I called him he claimed it was still his image. Trust me this is my image; my plant, my studio. Besides reporting the ad to my Client and to Kijiji, any ideas how I should deal with this parasite? Is taking this dummy to court worth it?

I'd say... no, not worth it.

If it was a global well-known-name, KFC or such... yes (but then you'd also likely not need to, they would 'fess up and apologise and send you a payment for it)

But a small place or individual thing... or Chinese when you might be UK/USA?

Nah, a lot more trouble than you;d get in compo.

Jules Design said:
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Jules Design
Toronto Product Photography

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justinwonnacott · Jan 30, 2018

Are you serious about expecting to be paid for this image or are you trolling us?

SpiltMilk · Jan 31, 2018

justinwonnacott said:
Are you serious about expecting to be paid for this image or are you trolling us?

You replied to me but I presume you meant to reply to him - I'm saying that basic same thing:

No, he is S-outta-luck.

Mr Garibaldi · Jan 31, 2018

Be happy someone likes your work and move on. You don't have a hope of collecting anything out of this.

You could probably spend a whole bunch of money to make a point with the guy, just be aware that it's money out the window.

Burnt to a Crisp · Jan 31, 2018

Money isn't everything. Go ahead and take him to court.

Dragging him through the mud of the judicial process should prove to be quite satisfying, How can you put a price on that?

DenWil · Jan 31, 2018

Jules Design said:
So this idiot stole a product shot I did for their Kijiji ad; when I called him he claimed it was still his image. Trust me this is my image; my plant, my studio. Besides reporting the ad to my Client and to Kijiji, any ideas how I should deal with this parasite? Is taking this dummy to court worth it?

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Jules Design
Toronto Product Photography

It is discouraging how lame people can be. He cannot explain the shot, reproduce the shot on demand or display the raw file to demonstrate how it evolved in post...let alone a negative.

If the client has deeper pockets or legal staff I would encourage them to send the fool a note.

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dw

David Pavlich · Jan 31, 2018

Jules Design said:
So this idiot stole a product shot I did for their Kijiji ad; when I called him he claimed it was still his image. Trust me this is my image; my plant, my studio. Besides reporting the ad to my Client and to Kijiji, any ideas how I should deal with this parasite? Is taking this dummy to court worth it?

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Jules Design
Toronto Product Photography

If you have a legally binding contract with the guy, then you might "win" the battle, but lose the war. It's going to cost you far more than you'll ever collect. This sort of case can't be settled in a small claims court. PPA is working on that, but as far as I know, Small Claims is still not an option.

David

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"The world doesn't need you...." Gene Simmons
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bathgate · Jan 31, 2018

You really don't want to bother with the time and expense of taking this to court. I'd get an attorney to send him a simple and straightforward "Cease and Desist" letter. Its amazing how people react differently to something on a law firm's letterhead.

Mr Garibaldi · Feb 1, 2018

bathgate said:
You really don't want to bother with the time and expense of taking this to court. I'd get an attorney to send him a simple and straightforward "Cease and Desist" letter. Its amazing how people react differently to something on a law firm's letterhead.

In Canada, that letter will probably cost him a hundred dollar bill, and if the miscreant has half a brain, he will realize it's an empty threat and tell the owner to pound sand.

Really, it's a case of spend the money to bury him, knowing that it's an expensive way to make a point, or move on.

We don't have the automatic high damage awards here in Canada that Americans, for example, have. To collect damages, he will have to prove that he has been materially harmed, and will have to come up with a defensible amount that he has been harmed by, and that amount is the most he could expect. A court could well decide that the amount of harm is negligible and take him to task for wasting their time. At that point, the exercise backfires, as the case could get tossed, with him on the hook for all expenses.

tko · Feb 1, 2018

Jules Design said:
So this idiot stole a product shot I did for their Kijiji ad;

He paid you to do a photo shoot under previous contract?

Jules Design said:
when I called him he claimed it was still his image.

Well, doesn't that depend on the agreement and licensing and all? Do you have a contract stating the terms?

Jules Design said:
Trust me this is my image; my plant, my studio.

Probably no argument there, but that doesn't mean you own the photo, depends on the contract and terms.

He stole an image of a . . . plant? What did he use it for?

Jules Design said:
Besides reporting the ad to my Client and to Kijiji, any ideas how I should deal with this parasite? Is taking this dummy to court worth it?

If he paid you, got to use it once, and you don't have a contract saying otherwise, how do you show a judge he doesn't have the right to use it again? You might be right, but it makes it more difficult.

Jules Design said:
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Jules Design
Toronto Product Photography

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bathgate · Feb 1, 2018

I guess I missed that he was in Canada. And your details of the differences in the court system almost makes me want to move north. One more example of Canada just "getting it" better than us yanks.

DenWil · Feb 1, 2018

My bad. I misunderstood the entire scenario. I was under the impression someone was using your photo to promote their photography business.

There is tons of that out there- particularly in family work.

fishy wishy · Feb 2, 2018

stephang said:
Try copytrack.com.

You can upload your image(s) to them and they will perform a web search, or you can point out the match to them.

They will do the claiming and collecting, against 30-50% of the money collected. If they don't collect, you don't pay.

Has earned me a nice lens or two over the last year.

I can't really understand the question. Just sounds like somebody is trying to sell something used with OP's shot of the product for the original manufacturer? And that sounds like a mountain out of a molehill.

copytrack sounds like a good idea. Rather than waste $100 on every letter from a lawyer, let these people do it much cheaper on commission. They will be specialists and should have a streamlined operation.

If it bores me to see people throw their toys out their pram over copyright issues that aren't making somebody money, then wasting money and nervous energy over them is going to be much worse. Let a commission agency do it.

confused circle · Feb 2, 2018

fishy wishy said:
And that sounds like a mountain out of a molehill.

Content creators are lucky that this is not true and that the law cares more about their source of income than you do.

Doug J · Feb 2, 2018

Jules Design said:
So this idiot stole a product shot I did for their Kijiji ad; when I called him he claimed it was still his image. Trust me this is my image; my plant, my studio. Besides reporting the ad to my Client and to Kijiji, any ideas how I should deal with this parasite? Is taking this dummy to court worth it?

How did he get your photo, from the client? It appears he changed the main photo in the ad, if this is the photo you're referring to. if so, it's not worth pursuing.

https://www.kijiji.ca/v-photography...sy/1330671590?enableSearchNavigationFlag=true

Cheers,
Doug

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