Is This Legal?

[maria]

Any suggestions on this one please, my friend e-mailed me copied below, I have removed any company names etc but I have looked at the site mentioned and it does have my friends car pictured all over it!

I met this guy called *** a while ago when i was selling the Pulsar, he was trying to swap his *** for it, but anyway we got chattin' and got on quite well, he told me about various cars he'd owned that i was looking at replacing the **** with (M3, Evo included).

Anyway, he runs a company *************************

Basically, bit of a rival to my own company i guess, but he's got pictures of my car all over his site (even in the banner)!

If i was going on there as a new customer, i'd presume the Graphics etc were all done by him as when you click on the graphics section a pic of my car appears?!?

I just think it's a bit cheeky more then anything, and almost false advertising.

Am i in the wrong to think this?

I don't own the car any more so i doubt there's anything i can do, but i took the pics he's using and personally think it's a bit out of order that he didn't even ask, he simply just mentioned to me today that he "nicked" a couple of pics for his site.

Any ideas/suggestions about this?

[Rodders_UK]

It all comes down to money - i.e. does your friend want to go to the cost of doing anything about it, and what would the potential financial/legal remedy be.

Hardly worth it I would have thought.

[Fargo]

who owns the copyright to the picture..

[maria]

who owns the copyright to the picture..

They are my mates pictures, he did all the design of the graphics and did the work himself, I think that is what is p :tsktsk: ing him off, as the company who now has his pictures plastered all over their site are in competition with him (not only doing graphics).

They did not even ask him could they use them, as I am sure he would have said yes, but they are advertising something that they have not done using Nicks pictures

[Fargo]

i think your mate should do some leaflets saying , "we are SO good that even our Rivals use our products"

then lets see how long this matie uses the picture for

[maria]

I like that one Fargo, I will suggest it to him

[Wosket]

does your mate have any proof they produced the original artwork?

and has he contacted them to see what they say?

[maria]

The art work was his and nothing to do with the company who is now advertising it, they are his own pictures that he has taken himself with his camera they have taken them without asking

As yet he has not contacted them as he is un-sure of what he can do, can he simply just call them and ask them to remove them? and if they don't then what?

[Wosket]

if he can prove he took the pictures or produced artwork, either by way of negatives or maybe a layered photoshop file (as opposed to a flat web optimized image) then he should contact them and tell them they are using his work and he would like it removed with immediate effect. he could threaten legal action but unless he has copyrighted the work officially or put a disclaimer/copyright notice on the site they nicked em from he may have a bit of trouble.

i would just contact them in a friendly way to begin with to see what their reply is and then take it from there.