Duragadget customizable foam - is this image lifted from this site? (1 Viewer)

This image
image.jpg
 
Nice spot.

It looks like the overhead shot from Trihonda's Pelican case setup.
 
It's an exact match! Look at the two images - the middle barrel of green chips give it away - the spacing between the two are exact. Lol - someone shopped his image onto his Amazon page.
 
yes it is the same for sure probably photo edited to different case, compare the edge spot alignment and you can see it is exact.
 
It is indeed a photo I took. I no longer own the set, but am not sure how photo rights work. I'm sure I posted the photo on here, but if someone then rips off the photo to use in advertising the sale of another item, do I have any recourse?
 
Trihonda said:
It is indeed a photo I took. I no longer own the set, but am not sure how photo rights work. I'm sure I posted the photo on here, but if someone then rips off the photo to use in advertising the sale of another item, do I have any recourse?
Click to expand...
highly doubt it, u posted to a public forum
 
Trihonda said:
It is indeed a photo I took. I no longer own the set, but am not sure how photo rights work. I'm sure I posted the photo on here, but if someone then rips off the photo to use in advertising the sale of another item, do I have any recourse?
Click to expand...
You don't likely have recourse as the person using it probably doesn't have any money. If it were Pelican you could sue for a hefty fine. You own the copyright by default as you took the picture. You can send a DMCA Notice of Copyright to the seller requesting them to take it down - and copy Amazon. If they don't remove it you could threaten to sue Amazon. Here is a link to a sample letter.

http://labnol.blogspot.com/2007/09/dmca-notice-of-copyright-infringement.html
 
@justsomedude can probably offer more advice as a pro photog. I dabble in this and had to fight TRX for using a photo I took illegally. They lifted it from Facebook.
 
I think when you post pictures to certain sites, like facebook and instagram, you give them rights to use the images for whatever purposes are allowed under the terms you agree to by using those sites. I don't know if we've given Tommy or whomever similar rights by posting photos here, but I doubt that anybody is free to just take an image from here and use it for commercial gain.
Of course none of this is legal advice - I don't have any experience or education in photography or copyright law.
 
Another funny part is they give the foam dimensions. 34 x 159 x 236 mm

I'm not great with math but these PAD chips are 39mm tall. And therefore 5 barrels would be 195 mm long. Even if the racks were only 66mm wide, that means that the width would be 198 mm.

Given these dimensions there's no way to fit 3 racks side by side within the foam, and likely not in the case. I call shenanigans! Amazon should pull this.
 
I submitted a copyright infringement form with Amazon. It was fairly straight forward, and seemed to address the issue of a seller using a photo that did not belong to them. I included the sale link, the original content link, and my contact info. Sounds like that probably did the trick. I'll check back in a week to see if the ad is still up and running my photos. :)

Thanks for the heads up PCF Community!
 
CraigT78 said:
@justsomedude can probably offer more advice as a pro photog. I dabble in this and had to fight TRX for using a photo I took illegally. They lifted it from Facebook.
Click to expand...

As already stated, I doubt these guys have any money you could go after. If you wanted, you could try contacting them and ask for a licensing fee. Maybe request $500 for use of the photo on an annual basis. I doubt they'll do it (people hate paying for images)... so next is simple cease and desist after notification of the copyright violation. Then they'll delete your photo and just slap up another stolen image.

:/
 
Personally I would think it was cool that someone stole my image from a forum and used it as advertising purposes. as long as there wasn't anything personal in it or competing business. that said I can see why some would not like it.

you got to admit, It does look better than some lame dick dice chips though
 
RowdyRawhide said:
Personally I would think it was cool that someone stole my image from a forum and used it as advertising purposes. as long as there wasn't anything personal in it or competing business. that said I can see why some would not like it.

you got to admit, It does look better than some lame dick dice chips though
Click to expand...

I do believe it's flattering that when they went to the google to check out images of amazing foam poker chip organization, they decided to use mine. That said, I believe others have pointed out that it's a bit deceptive, and I don't want my images used. I submitted my claim to Amazon, and hopefully they just remove the ad.
 
You have to rely on the good faith of companies like Amazon to force removal of the images.

Suing, threatening legal action, etc., is a complete waste of time, because unless you registered the copyright, you are limited to recovering actual damages lost, and you don't have any.
 
Regardless of whether it was posted on a public forum, the creator still retains rights to the photo. But, it's not high art. It wasn't taken with the intention of making money from it. Not sure if it's even worth taking the time to tell them to stop. The best that could happen is that they'd stop using it, and that leaves you in the same position if you didn't bother with it. But I understand that not everyone feels the same way. Maybe I grew a thick skin for it as a photographer for the Air Force, I used to see my images used in publications all over the place. Unless they were classified, all our images were public domain.
 
You can for sue for whatever you want. So what do you want to sue for? In other words, what are your damages? Do you have costs for creating the image? Without damages, there is no suit. Are you a vendor and he can be viewed as your competition?

Not saying I agree or disagree with how you feel and I didn't sleep at a Holiday Inn Express last night. Just saying that the first question in any claim or suit will always be, what are your damages?
 
Mental Nomad said:
Standard racks are 210 mm long, and they show them fitting within the 159 mm dimension. With space for padding.
Click to expand...
That would be the bigger issue and probably more effective in getting a deceptive photo taken down is to make a comment or ask a question on the amazon product page and put the company on the spot....if nothing else to inform the less familiar with the fact the these will not fit in the space the have
 
Just received THIS from Amazon


Hello,


We reviewed your report and removed the following content based on the information you provided.



ASIN:B01HDMXUXQ

Title: DURAGADGET Protective Silver Aluminium Case With Shock Absorbing D.I.Y Customizable Foam Interior - For Poker Sets Infringement type: Copyright Complaint ID: 818245371


Sincerely,


Amazon
 
To me, it was less about what Trihonda could/should sue for, and more about correct advertising. The chips in the photo were never in that case. Anyone buying the case would never get the exact same results that the photo claimed were possible because the chips were never there. Trihonda did a good job getting Amazon to remove the ad and protecting unsuspecting new chippers.

2x kudos to upNdown, for spotting the deception!
 

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