Bushwalk Australia

This might not be the best forum to ask this question but...

I did a review of a tent a few years ago, and the photo I took of it in action just turned up as the thumbnail for a tent review video on youtube. I already know someone local has been using the photo for a long time to sell the tent commercially too.

The photo is at the top of google search for "xxtent review" so it's not surprising this has been the case.

I'm more pissed off that someone's used it to promote a *&%$#! 'review' video that's totally useless and is obviously profiting off it. Has anyone had any experience getting a video taken down on copyright infringement basis ?

Photos and the bulk of a report I wrote (creative commons : by nc sa) was re-used on a commercial site. I contacted the site and (politely but firmly) advised that it was my work and they didn't have permission to use it. They apologized, explained that it was work they'd paid a temp to produce (ie they had been ripped off, too) and took it down.

Suggest you contact them and advise (with some proof it's your work) and base any further action on their response.

Or just be flattered that someone thought your work was worth reusing.

Usually a polite contact with some "chain of custody" details results in the photo being taken down. The thing is, they may be considering the photo as "fair use" since they are doing a review, and using what they think the manufacturers photos, which is generally acceptable.
You can go through the official youtube channels but to be honest most people really hate the official process, and so giving them the option to change it first will likely give you a better result. As for the local seller, apart from asking, not sure what the laws are here, it may be that you can ask for a take-down, but it may also be that depending on where and how you originally posted it, you may not have much recourse.
Depends on how much it means to you, copyright law is arcane and differs wildly between countries, so you have to decide how much fight you want to put into it.
I suspect an aussie photographers forum, or one with a fair few aussies might have a better idea of what rights you can claim.

ribuck wrote:Or just be flattered that someone thought your work was worth reusing.

Sorry, no!
Without seeking permission to publish it, paying for it or acknowledging the creator. However you put it - its essentially theft.

benoloughlin wrote:

ribuck wrote:Or just be flattered that someone thought your work was worth reusing.

Sorry, no!
Without seeking permission to publish it, paying for it or acknowledging the creator. However you put it - its essentially theft.

That's true. Worth re-using, but they are implying, not worth any acknowledgement or payment.

At minimum, the photos should be taken down. But the copyright holder is entitled to compensation for its unauthorised use.

I know of one forum member here who has been paid by a gear vendor to take photos for their catalog. And another who's photo on this forum was spotted by a vendor and the vendor offered them some gear in return for permission to use their photo in a catalog. These are examples of how reputable companies behave.

A disreputable company, when caught out, should be offering compensation. But at least a take-down at a bare minimum.

My biggest issue is actually that it's being used by someone purely to profit - their 'review' video is just stolen clips mashed together and provides no new information.

Send them an invoice, with the usual non-payment clauses [ i:e Payment with-in 7 days, interest at 22% compound for late payments etc] ask for "Standard" rates plus payment for each and every "view" and a decent total based on how many hits the video has had. It is 7 cents US isn't it? Each hit?
Isn't your own "Standard rate" $150-USD
I can ask the young bloke next door if you like, he is a professional photographer and I think his rate is a bit higher than that, fair usage aside