Should I be getting royalties?

[FoxFour281]

hire a lawyer - there may very well be a payout for you for use of your photo without permission. but i think it also depends on how they got the picture... for example, if you posted the picture on the internet, i think it's game for public use, hence why some use watermarks.

Good luck getting a lawyer to deal with this. And you don't necessarily need a watermark to claim ownership of the photograph, you're the owner when it gets uploaded. But all my shit gets hosted to Flickr and I hotlink to the forums.

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[X JBM X]

Good luck getting a lawyer to deal with this. And you don't necessarily need a watermark to claim ownership of the photograph, you're the owner when it gets uploaded. But all my shit gets hosted to Flickr and I hotlink to the forums.

Copyright lawyers do just this. A buddy of mine took the photo of Trump at a wedding in NJ a few years ago, and it was used by news outlets without his permission. He wound up with quite a few settlements.

 

[EZ$]

I hate to be the potential bearer of bad news. but if you posted your picture on a public forum and it wasn't copyrighted, or the bronco was within public view and they took a pic. you're outta luck.

No matter what, what they did was pretty crappy.

 

[BigRed13]

I would look up the dealer, see if theyre gouging people on Broncos on their lots, tell them to take it down as you're familiar with their price gouging and you dont want to be associated with them. If they seem like theyre playing fair and since you said it doesnt bother you, just let them know its yours and you're open to a discount on some parts!

 

[Lowcountry Bronco]

Bottom line is I am not terribly upset over it. But thot it was lame that they didn’t ask. And that mine is custom made and they can’t get that from ford. As for proof that it is mine. I have an azure grey heritage on order. So I modified my photo to see if I could duplicate the azure grey color. And that is my fiend’s FJ next to it and they don’t make azure grey FJ’s.

I remember you posting that one. Best to reach out and ask them to take it down if for no other reason that it's not even for the part they're selling.

 

[carmigo]

I was doing some google searching yesterday bronco stuff. (Not grills) and an ad came up for this on eBay. I was like wait a minute, that’s my bronco. First pic is my pic, and the second is the eBay ad. Does anyone know this Heller Ford? The funny thing is they are using my custom made Heritage grill, from a base grill. And two tone paint, to sell their factory Heritage grill. I am thinking I should get a royalty check for each one sold.

Lol, guess you have a pretty sweet grill. But really, that's not cool. I googled it and you can try to contact the seller or ebay to see if you can get it removed.
https://www.ebay.com/help/policies/listing-policies/images-text-policy?id=4240

 

[MNBigfoot]

Just let us know, and we'll report the item, I would imagine if 10 or so of us flagged it, it would be gone.

 

[AARDVARK122]

Just let us know, and we'll report the item, I would imagine if 10 or so of us flagged it, it would be gone.

I reported it to eBay saying that they used my photo without permission. And that my grill is not even a factory heritage grill. We will see what happens.

 

[Moto26]

It may be more that they're* just lazy. My guess is they don't have a Heritage on hand to take a picture of, so they just googled images and the OP's picture came up. Not having a sharp enough eye to realize it's not an actual Heritage Bronco, they just copied and pasted it to their* ad.

They should take it down, but I doubt there* was fraudulent intent.

*

 

[broncobase1]

This is probably a lot more complex than people think. If you post photos on social media, aren't they pretty much public domain?

 

[Haelous]

Just let us know, and we'll report the item, I would imagine if 10 or so of us flagged it, it would be gone.

+1, it's fair game for anyone to report this. Based on the OP's evidence, the picture isn't representative of the item because they're selling the factory grill and the picture is of OP's custom grill.

 

[22Badskwatch]

I don't think you can do much without a copyright or watermark on your photo. Its just common courtesy to not use others photos. Hopefully they are nice and take it down.

not correct... this is something I'm familiar with , as a photographer. The image is the owner of the creator, whether or not it's 'copyrighted' anywhere or not. If he can show proof that he's the original creator of the image, nobody has 'rights' to use it without his express consent - especially not a business, who is using it for profit. If the OP wanted, he could take it to court, and if he can show how many clicks they got on the image, what kind of traffic it drove to their site/ebay page etc, and how they may have benefitted financially from the use of the image, he is entitled to compensation.

 

[22Badskwatch]

This is probably a lot more complex than people think. If you post photos on social media, aren't they pretty much public domain?

no

 

[Bigred86]

not correct... this is something I'm familiar with , as a photographer. The image is the owner of the creator, whether or not it's 'copyrighted' anywhere or not. If he can show proof that he's the original creator of the image, nobody has 'rights' to use it without his express consent - especially not a business, who is using it for profit. If the OP wanted, he could take it to court, and if he can show how many clicks they got on the image, what kind of traffic it drove to their site/ebay page etc, and how they may have benefitted financially from the use of the image, he is entitled to compensation.

Wow that is good to know! Thank you for sharing that.

 

[jleafgre]

Actually they are in the legal wrong, 1) for using pics of your car without your permission for financial gain, 2) they are not delivering what they are advertising (two tone grill). You may want to apprise them this is your vehicle and that they do not have your permission.

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