Photo ripoff?

Was poking around and found a picture of my bike lifted from this site (or the old site, no matter)used to advertise areotechs after market quarter faring for the 80-82 Gpz750.

www.airtech-streamlining.com/kawiz/GPZ7501980-82.htm

Two things bother me.
I was not asked to use the photo...
My example is a OEM. Not after market. Not a real representation of their finished unit.

Should I ask for a kiss (spare quarter faring would be nice) or ask for them to remove from the page?

Thoughts?

Cheers,
Sean

Dang...your choice, either way they owe you...they are making money with your motorcycle. This is a problem with the internet, particularly since few photos are copyrighted.

Your bike is niced enough to be used in an add.I can't say that.

Bad form, using your pic without your permission. Complain, and see what you can get (a fairing, maybe?) out of it.

Funny part is I chose to buy a OEM replacement when this particular faring was road rashed in the freeway wreck. The after market farings lack the sharp edges and proper contour of the OEM molds.

Still debating...

Still have to repaint the new/used OEM unit. So at this point I'll be riding without. Bike looks weird with a red faring and the rest silver.

They might be nice and throw a lil' sumpin sumpin your way but if the protest there isn't much you can do. You have to prove they got it from you and not some other clearing house for stock photos and that their intent was with full knowledge. Also what did they make or a stock royalty. Either way a lot of aggravation for little reward unless it's a point you want to make.

As an amatuer photographer who often shoots commerically, I have been here before. I had a fender elimator company use my image and they denied it when it was even on FILM (not digital). They put a line in the sand for some reason and new that I would not pay for legal help. I was extremely business and they did get away with it.... because I let them!

I have had other websites steal my images and sent them a letter and they usually comply with the removal.., sometimes adding a bonus. Don't count on money to soon.

Here is a letter you can use to send to them.

This is to inform you that you are illegally posting copyrighted photos belonging to Sportbikes.com and our associates on your www.xxxx.com/ .

Your theft and of images from SportbikeS.com and our associates and posting them on other websites is illegal and subject severe criminal and civil penalties including 5 years in prison and $25,000 in fines per violation. Plus loss any and all income generated by such websites and additional civil penalties.

My stolen photos include, and are not limited to:
www.URL

I ask that you remove this photo as soon as possible, and notify me of the removal.

Regards,

a bit harsher tone is

To Whom it may concern,
This is to inform you, you are illegally stealing and posting Copyrighted images belonging the Jim. Your theft and of images from e.com and posting them on other websites including xxx is illegal and subject severe criminal and civil penalties including 5 years in prison and $25,000 in fines. Plus loss any and all income generated by such websites and additional civil penalties.

Our stolen photos include:

http://URL

You will immediately remove all our images you have posted and notify us of doing so, or we will proceed with legal action against both you as the person stealing our images, and the webmster and host of any website allowing unauthorized images to be posted our your host website.

WEBMASTER: Also be aware it is not our responsibility to inform you of copyright theft of our images. But it is you legal responsibility to make sure any and all content on your website is original and used with written consent of the copyright holder.

Please inform us immediately you have removed all our content from your website or we will proceed with legal action against you, including have your domain address removed from the internet and all listed our your site removed from Search Engines and Banner Link Exchanges.

Good Luck

Great letters. But I'm not out for blood. I'll give them a call next week. Mull it over during the weekend.

Cheers,
Sean

i used the first example many times, sucessfully. I felt that the letter set the tone, then when I opened dialog, I was very EZ going and they responsed better. The fender eliminator was to subtle... and nothing happened. They didn't even remove it.

Keep in mind that as a commerical photographer, it is your livelihood and when someone steals, especially for commercial use, they are taking $$ out of your pocket... so you tend to react differently.

Trust me they will get a responce. For the very reason you mention. The company might not know the webmaster isn't checking sources.

Thanks for taking the time to answer me, as this is a first for this Kid.

Initially flatterd. Then thought, Heeeeeeyyyyyy! That's MINE!

Cheers.

My 650SR photo has turned up on one of the 650 sites which is flattering although attribution would have been nice. On another forum I was alerted that someone in Canada was selling their SR and had used my photo (same as the avatar to the left but larger). I sent the seller a note and have yet to receive a reply.

It's one thing to borrow a picture for personal non-commercial use and quite another to try to profit from someone else's work. I'd say do what you can within your means.

Hire a lawyer, file a law suit for copyright enfringement. Blast it all over the media and they'll settle out of court quickly for whatever you want. Companies hate bad media coverage!