Copyright in EU ... how to?

[Matus]

Hi, I have simple question. Few of my (actually not very good) photographs of Oris wrist watches are being used on one spanish Jewelry online shop (HERE at the bottom of the page). Of course they did not request the right to use my images.

These images are all 'published' on Flickr and carry Creative Commons license (no derivatives, not commercial use).

A couple of days ago I wrote them an email (in English as I do no speak Spanish) pointing the issue up and proposing, in a polite way, some possible solutions - but I got no answer.

My question is - what should I do? Just let it go or try to reach them in a different way? Surely I would not start an international law suit (I am located in Germany), but what are my options?

When I browsed their webpage it is apparent that they use images from various photographers (no common style, etc.) to support their webpage.

[Matus]

... bump ...

[haempe]

Geh zu nem Anwalt und lass ihn abmahnen.
Wenn er das ignoriert, verklag' ihn und mach nen Euro.

[Jim Brown]

Originally Posted by haempe

Geh zu nem Anwalt und lass ihn abmahnen.
Wenn er das ignoriert, verklag' ihn und mach nen Euro.

Roughly =

"Go to a lawyer and let him admonish the website owner.
If he ignores this, accuse and sue him and make euros."


Firstly, can you prove that they are your images? If so you will either have to accept the situation or take legal action for copyright infringement as Haempe suggested above.

[haempe]

Originally Posted by Jim Brown

Roughly =

"Go to a lawyer and let him admonish the website owner.
If he ignores this, accuse and sue him and make euros."

Hehe, thanks.
I don't know the correct terms in English.

[135format]

He's had the use of images so just invoice him whatever you like to, with a note saying that failure to pay will incur a penalty charge each week payment is late. Then when he doesn't pay send him a reminder with penalty charges added reminding him penalties are still accruing. And if he doesn't pay including all penalties instruct a lawyer in his home town to recover your monies or if they have a small claims court in his country just file a case against him saying he has failed to pay invoices for use of images and you have sent reminders and he doesn't respond to requests for payment.
Just make him very uncomfortable about the whole thing.
And if he takes images down still continue to invoice him for the use he has had and penalties. i.e. let him know you will get your money.

Forget the crap about copyright. This is a business transaction for which he owes you money. Copyright will only only come into it if he claims he owns it and then he has to prove it when you produce the originals. Tricky if you don't have them on film which is why I say forget about copyright.
Take copies of his website pages before you do any of this.

[rlouzan]

Matus,

The company is not required to answer you.
A spanish judge will dismiss the case, unless the pictures have been previously registered. Unfortunately it is a common practice, contact the web server.
The most you could ask is the judge to issue an injunction against said company, baning them from using your pictures until trial - most likely 2 years from now. To do so you must first hire a lawyer and pay a procurador ...

I'm not a lawyer but I have a fair understanding of spanish copyright laws.

Regards,
Robert

[135format]

Originally Posted by rlouzan

Matus,

The company is not required to answer you.
A spanish judge will dismiss the case, unless the pictures have been previously registered. Unfortunately it is a common practice, contact the web server.
The most you could ask is the judge to issue an injunction against said company, baning them from using your pictures until trial - most likely 2 years from now. To do so you must first hire a lawyer and pay a procurador ...

I'm not a lawyer but I have a fair understanding of spanish copyright laws.

Regards,
Robert

Well there you go. As soon as copyright comes into play the only people who'll make money are the lawyers. Just invoice the guy and make it a case for non payment of monies owed for supply of images. Don't even mention copyright.

[rlouzan]

The lesson here is to post on-line as few pictures as possible and of low-resolution w/watermarks.

[Matus]

Thanks for your answers. I really appreciate it. Let me answer your questions and suggestions below:

Some of you proposed to send an invoice - should I do an effort to produce (via spanish friends) an email in Spanish or should I hope the English will do?

You mentioned problem to prove that those images are mine - that is easy. They are quite specific and I have the PSD originals and camera originals. That should do I guess. I even own the watches presented on them

What indeed is not optimal - I do not have any "Rechtsschutzversicherung" or in English - 'legal protection insurance' I could use to get some support. I guess I will get one soon ...

I do have copy of his webpage as PSD.

- haempe -
I do speak German, point taken

- Robert -
I am not aware of any 'registration' required for art work in EU. Isn't that a special case in USA? You mentioned that you are familiar with spanish laws - what would you propose to be the best way to proceed? I indeed have little interest to enter international court dispute (not worth the time and/or the money).

More of you have suggested to send the guy an invoice (again - should I try to get a spanish version?) - how much should I ask per photo? There are 3 of them.

Thank you all

[andersju]

I'd send your original email again, but in Spanish (maybe someone here could help?). Perhaps whoever read the email doesn't speak English very well. If you send it in Spanish (using both their contact form and their email address, to make sure it's not lost along the way), you'll know whether they are deliberately ignoring you or not.

[rlouzan]

Hi Matus,

First-hand experience has taught me that registration is a most in copyright infringement cases.
I agree, not worth pursuing in court.
Perhaps a RFF member can help write the original e-mail in Catalan + mention a debt collection agency in it, he will know you mean business. Afterwards send him an invoice (you decide the value of actual image licensing).

Regards,
Robert