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Copyright Infringement!!!

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    Copyright Infringement!!!

    FFS. Just got a solicitors letter from one of my suppliers telling me to take down all images of their furniture, publish an apology and sign a letter that I won't do it again and that I agree to pay their costs and any associated damages!!!!

    I have used their photos from their website to advertise two ranges of furniture. They manufacture the furniture and sell it to me. I use an online brochure to get orders!

    I've spent £4k with them this year. They send me a catalogue of their images to use in the shop. So I used them on my website.

    What the hell are they talking about?

    I'm not signing tulip! More hassle for Monday!!!!
    What happens in General, stays in General.
    You know what they say about assumptions!

    #2
    Originally posted by MarillionFan View Post

    I've spent £4k with them this year. They send me a catalogue of their images to use in the shop. So I used them on my website.

    What the hell are they talking about?
    The fact that you didn't ask express permission to use the same images on your website.

    Check the wording of the letter/contract that allows you to use the images in the shop for exclusion clauses.

    Oh and they are OTT they should have asked you politely first without going to a solicitor to remove the images. I suggest you see if you can find another supplier as they clearly don't want your business.
    "You’re just a bad memory who doesn’t know when to go away" JR

    Comment


      #3
      Originally posted by SueEllen View Post
      The fact that you didn't ask express permission to use the same images on your website. [1]

      Check the wording of the letter/contract that allows you to use the images in the shop for exclusion clauses.

      Oh and they are OTT they should have asked you politely first without going to a solicitor to remove the images.[2] I suggest you see if you can find another supplier as they clearly don't want your business.[3]

      [1] Very true. I've found that if you ask first and explain exactly where and how you want to use someone elses art work then they often agree. You have to stick to the agreement too. It's just doing good business.

      [2] Yes.

      [3] If their opening response is a solicitors letter then that may be the case. Since you have control over your website, you can can have a page that explains why you are not carrying a certain companies brands.
      How did this happen? Who's to blame? Well certainly there are those more responsible than others, and they will be held accountable, but again truth be told, if you're looking for the guilty, you need only look into a mirror.

      Follow me on Twitter - LinkedIn Profile - The HAB blog - New Blog: Mad Cameron
      Xeno points: +5 - Asperger rating: 36 - Paranoid Schizophrenic rating: 44%

      "We hang the petty thieves and appoint the great ones to high office" - Aesop

      Comment


        #4
        It probably is because we haven't expressly asked.

        There is no agreement concerning images on their website, my invoices from them or the catalogue they provide. They have no terms or conditions relating to any of it.

        They are pertaining to damages they have occured for us using their images. Not sure how this is the case, if I hadnt stocked them and used their images on in shop catalogue then I wouldn't have spent 4k.

        I was even on the phone with them yesterday putting another order together!!?!?!?!!
        What happens in General, stays in General.
        You know what they say about assumptions!

        Comment


          #5
          I had a run in with a certain football club after using their badge on a site. Threatened with court action.

          I told them to bolt. They never came back.

          If you are selling their product it is not unresonable for you to use their images in your site, if you are not selling a product by misusing or false marketing with their images then I would reply with a straight Arkell v. Pressdram.

          Comment


            #6
            Originally posted by MarillionFan View Post
            sign a letter that I won't do it again and that I agree to pay their costs and any associated damages!!!!
            Sounds like they want this agreement from you because it doesn't exist already, else they wouldn't be asking for it. Since it doesn't exist already they can do one.

            In your shoes I would cancel the order you have just placed, replace the photos on your website with ones you take yourself of your stock you have purchased from them and once you have sold the last lot off take those down too.

            Replace those items with stock from one of their competitors, and just in case, ask these new guys for written permission to use their photos while you tell them why they now have your business.


            If they phone tell them to fk off and hang up. Done.

            Comment


              #7
              Originally posted by shoes View Post
              Sounds like they want this agreement from you because it doesn't exist already, else they wouldn't be asking for it. Since it doesn't exist already they can do one.

              In your shoes I would cancel the order you have just placed, replace the photos on your website with ones you take yourself of your stock you have purchased from them and once you have sold the last lot off take those down too.

              Replace those items with stock from one of their competitors, and just in case, ask these new guys for written permission to use their photos while you tell them why they now have your business.


              If they phone tell them to fk off and hang up. Done.
              They haven't sent a letter asking for us to sign to use the images. The letter tells me to sign, which says I agree to take them down, but an apology on my website and that I agree to recompense them for all damages and costs of their legal actions!!

              As if I'm going to fcking sign that.

              Whats more stupid is, they are a trade company that sells to retailers. So they want you to sell their products.

              Something very fcked up here. Have replied telling them that I am actually one of their customers and what the hell are they doing. Do they want me to cancel all of my orders!!!!

              Annoying to say the least.
              What happens in General, stays in General.
              You know what they say about assumptions!

              Comment


                #8
                Numpty question but (how) does this apply with inline images. ie. you are not copying anything just linking to a pic on their site which the browser displays.

                Would it still be infringement?

                Just asking...

                Comment


                  #9
                  Originally posted by Pondlife View Post
                  Numpty question but (how) does this apply with inline images. ie. you are not copying anything just linking to a pic on their site which the browser displays.

                  Would it still be infringement?

                  Just asking...
                  I'm not linked. I've copied them. Though to be honest I wonder what would happen if I link it???
                  What happens in General, stays in General.
                  You know what they say about assumptions!

                  Comment


                    #10
                    Originally posted by Pondlife View Post
                    Numpty question but (how) does this apply with inline images. ie. you are not copying anything just linking to a pic on their site which the browser displays.

                    Would it still be infringement?

                    Just asking...
                    Very probably. It could also be argued as theft (of bandwidth)! Just don't go there.
                    How did this happen? Who's to blame? Well certainly there are those more responsible than others, and they will be held accountable, but again truth be told, if you're looking for the guilty, you need only look into a mirror.

                    Follow me on Twitter - LinkedIn Profile - The HAB blog - New Blog: Mad Cameron
                    Xeno points: +5 - Asperger rating: 36 - Paranoid Schizophrenic rating: 44%

                    "We hang the petty thieves and appoint the great ones to high office" - Aesop

                    Comment

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