Unauthorised Use of My Image - Advice?

[FallingHorse]

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Jodie. Did you send him the url of the image on his site, ie, identify it clearly?
Am.

Yes I did Am - and I sent him a copy of the screen shot

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WOW I knew you should never trust Photobuck and the likes. I cant understand why people put photos on facebook for everyone to see and then facebook allows you to download and share the images and there is nothing you can do. Then you have friends and family posting pics of you and your family that others can use I wish they could/would read this and they may not be so keen to share with the world.

I really feel sorry for you Jodie i would not like my sons image used without my consent.

I hope it all works out in the end. Certainly a lesson learned for most of us.
Keep us posted as I would be happy to send him an email.

Thank you for your support I was hoping to find an amicable end to this but maybe I just have to be a bit nastier

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Just on this note - sending him an invoice doesn't create a legally binding obligation on him to pay you the invoiced amount, or any amount. If you do invoice him, I wouldn't then go on to try to enforce the invoice as a debt, e.g. by use of debt collection agency (as previously suggested).

Just so that you are aware, your legal right is to pursue him for wrongful use of your image, for which the remedy may (or may not) be "damages". Calculating damages is never straightforward, but one possible measure is the amount that a licence to use an image in the way that he did would have cost, had he approached you legitimately.

This, of course, assumes that the image wasn't public domain or licensed to a third party with rights to distribute - which seems to at least be ambiguous.

Sorry for the legal primer, but wouldn't want you to stick your neck out because you are angry at what this person has done.

Thanks Dodgy, I once had to go through small claims to get back money for a motor that a mechanic supplied to me (the wrong motor was supplied). Long story short - he had my motor and my money and would give me neither! It is a long drawn out process that I don't particularly want to go through again (I did eventually get all my money back). I was hoping more that it would work as a shock tactic and to let him know that you can't just use other peoples images and expect people to turn a blind eye

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I forgot to add:
These are just some of the terms and conditions from Pxleyes where I uploaded my image in a weekly competition:

USER AGREEMENT

CONTENT
You acknowledge that the content available on Pxleyes.com is the property of Pxleyes and the uploader. All content is protected by copyright and are subject to protection by intellectual property laws.

UPLOADING IMAGES

By uploading images in pxleyes contests, your images will be permanently stored on pxleyes' servers. Once contests are closed, images can no longer be removed or edited.
You also give permission to publish the entries on other sites where a pxleyes channel is present. Your credit hereby will only be linked to your pxleyes profile, and to the corresponding pxleyes picture page.
All uploaded images are reviewed by us. We have the right to ban images and users that do not follow these rules:
You are not allowed to :
- upload images that in any way constitutes a violation of the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light.
- upload images that in any way violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
- upload images that are copyright to other websites or companies.
- resell or distribute any file obtained from this website.
- remove watermarks from our images to use them on other websites or use any part of an image as a trademark, service mark, logo.

[FallingHorse]

I emailed "Uncle Mike" again yesterday and although I did not get a reply, I noticed that today the image on the website has been taken down - I wonder whose image he has this time I just hope that it is from a legitimate source and not harvested from another source, I may even check when I get home from work

[PeterP]

This text is found at the bottom of the website........

Photo used under Creative Commons from Philippe Put

[ameerat42]

This text is found at the bottom of the website........

Photo used under Creative Commons from Philippe Put

Hmm! Does the Phlot phicken?

Jodie. I just remembered a browser add-on called Tin-eye. It apparently searches ?the web? for all occurrences of a given picture. You might be able to check if it's still anywhere it shouldn't be. I only used it half a time and don't have it any more. Maybe someone else can advise.
Am.

[FallingHorse]

Hi Am - I use Tin-Eye but I actually found the Google add on in Chrome works better. It's just called Search By Image (Google). I get a lot of false negative returns from Tin Eye that says the image can not be found anywhere else but I know that it is on the web because it's my own images I am most likely to search.

A quick look at Phillipe Put's profile shows that all his images are allowed to be used in Creative Commons as long as they are credited correctly. I have no idea why anyone would allow this??

[One Click]

If not removed as you have requested I would suggest everyone on this site send a message via Ask Uncle Mikes contact page telling them exactly what they think regarding the use of your photograph. They want it to create a response, perhaps the response they get will not be what they wanted and rightly so. Keep us informed. I for one am, prepared to use his option in your support.

Any one else support this option???

Opps! obviously didn't read, last couple of posts that states he has now removed it, perhaps this is an option next time someone has the same problem

[FallingHorse]

Thanks One Click,

Was definitely on the cards. I did post a comment on Uncle Mikes Facebook account but it got deleted. But imagine being bombarded, I reckon someone would have to think twice the next time they decided to use an image they had no right to

[rum pig]

I'm glad your image has been removed It is just a pity you/we have to make people do the right thing instead of people having a moral sense and do the right thing off there own back.

[FallingHorse]

I'm glad your image has been removed It is just a pity you/we have to make people do the right thing instead of people having a moral sense and do the right thing off there own back.

If everyone had a moral sense to do the right thing, I would be out of a job