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who owns the pictures and videos clips

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jane leslie
who owns the pictures and videos clips
on Oct 20, 2015 at 10:07:07 am

We have a customer who buys our products and re-sell them internationally. She visited our facilities a few times and took pictures of the workers and our facility. She also took some video footage after we had a misfortune and lost our building due to natural disaster. We didn't know that she used the footages to do a video so she can ask for donations to rebuild "her factory". Also she's using pictures taken in our facilities with our workers and posted them on her website claiming it's her manufacturing plant.
Can we ask her to take those videos and pictures down? Does she own the pictures and videos because she took them?

TIA


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Mark Suszko
Re: who owns the pictures and videos clips
on Oct 20, 2015 at 3:39:27 pm

Sounds like you have good grounds for a DCMA takedown notice. She owns her pictures, but needs your permission to use them in a way that generates profit. Moreover, you have the more obvious crime that she is impersonating your company. What does your lawyer say about it?


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Todd Terry
Re: who owns the pictures and videos clips
on Oct 20, 2015 at 4:00:43 pm
Last Edited By Todd Terry on Oct 20, 2015 at 4:01:49 pm

Yeah this is obviously a sleazeball...

As Mark said she does own the physical pictures themselves, but she certainly doesn't own the right to use them without permission since your people appear in them.

Not surprising that she is trying to use them... if she is brazen and fraudulent enough to try to con people out of money, then I'm sure illegally using a photo or video doesn't bother her in the least.

At the very minimum this deserves an immediate Cease and Desist notice to them... if that doesn't work within 24 hours, then bring out bigger legal guns.

There's not even the remotest gray area about this. They clearly and patently cannot do what they are doing.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com



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jane leslie
Re: who owns the pictures and videos clips
on Oct 21, 2015 at 3:30:15 am

Thank you for your reply! Yes, we were so surprised and hurt that someone would use our misfortune to their advantage. We lost our factory and homes due to a big hurricane and all our employees lost their homes. We had to take out loans to rebuild our factory and continue providing work to our employees meanwhile she got $20,145 from kickstarter pledges and donations from two big companies using those footages of her "factory". Now she's using that money to set up a manufacturing company and taking our trade.


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jane leslie
Re: who owns the pictures and videos clips
on Oct 21, 2015 at 3:24:56 am

Thank you for you reply. We consulted a lawyer and she said it would cost a lot of money since she's an american business and we are a small business in the village and won't be able to afford suing her. We just want her to stop using our company from conning people since we don't know what to do about her fundraising.


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Mike Smith
Re: who owns the pictures and videos clips
on Oct 20, 2015 at 8:15:19 pm

This sounds like fraudulent activity. http://www.stopfraud.gov/report.html


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jane leslie
Re: who owns the pictures and videos clips
on Oct 21, 2015 at 3:34:05 am

Thank you for the link! I will definitely check this out!


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John Baumchen
Re: who owns the pictures and videos clips
on Oct 28, 2015 at 10:26:02 pm

Report her activities to the Kickstarter, it might be a way to stop her.


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