Contacting an advertiser

against TOS?!

[Powdork]

Recently, a new site appeared prominently in the ads across my site. Naturally, I cut and paste the url to see what the site was about. It was typical travel and lodging affiliate pages surrounded by what appeared to be unique content relating to the locations my site is about. Then i noticed at least some of the content wasn't unique at all. They have taken seven images from my site to use to describe one of the locations. Naturally, i will contact them about this regardless of whether that is in violation of the Adsense TOS ( I doubt it is).
However, I don't plan to take a stern approach at first and it is possible that a direct advertising or link relationship could result. It could also draw attention to the fact that his/her ads are showing on my site and that could result in an action. For instance, he/she may not know content ads exist and could turn them off as a result. I know this is unlikely, but...

Basically, what I am saying is:
I feel comfortable I am well within TOS to contact this advertiser regarding the use of my copyrighted material. However, issues that may be considered a violation of TOS could arise down the road as a result of this contact.

Any ideas, opinions?

[malachite]

I feel comfortable I am well within TOS to contact this advertiser regarding the use of my copyrighted material. However, issues that may be considered a violation of TOS could arise down the road as a result of this contact.

I can sympathise with your situation, but as there's clearly a potential conflict here, I'd contact Adsense first and see what they advise.

[LifeinAsia]

it is possible that a direct advertising or link relationship could result

Um, why would you actually consider working with someone who is stealing your images and using them to make money? That should be a major red flag and a warning against doing busienss with them.

[swa66]

Give GOOG a DMCA complaint and be rid of them. Why would you play with scrapers?

[Powdork]

Um, why would you actually consider working with someone who is stealing your images and using them to make money? That should be a major red flag and a warning against doing business with them.

1. Because maybe I can get some of that money just by not picking a fight.
2. I kind of feel as though this would give me a substantial chip in any negotiations.

[BigDave]

You are absolutely within your rights to contact them about the copyright infringement. If Google were to try and stop it, that section of their TOS would almost certainly be considered invalid.

You are also well within your rights to try and negotiate for rights to your pictures in any way that you see fit. If you can change this situation into an advantage for yourself, you should do it. That is the way the big players do things in most IP cases.

The one thing you probably should not do is bring up adsense or having them purchase advertising on your site directly, at least at first. But if you have a relationship with someone, outside AdSense, it would then be perfectly normal to discuss such things at a later time.

[OptiRex]

Um, why would you actually consider working with someone who is stealing your images and using them to make money?

Slightly off topic however relevant to the question:

In my situation there are thousands of sites around the world using my images, hosted by themselves, and many promote their products via AdSense on my pages.

Unlike Powdork, I assume, I am one of the major international suppliers of my specialised construction products and I would rather companies used my professionally optimised images rather than some of the attempts I've seen.

[icedowl]

Powdork, what money?

If they can't even afford to own a camera and go out and take their own photographs, then how can there be any great amount of "money"?

Cripes! It would take me 30-45 minutes to drive up to your area and spend part of a day photographing whatever is of real interest.

Do the DMCA and do it now.

[BigDave]

Powdork, what money?

How about enough money to buy advertising?

How about the additional money that Powdork might get from improved SERPs from an additional relevant incoming link?

Why are you so against contemplating the options that might actually be to Powdork's advantage? They are Powdork's pictures, not your's.

This is the AdSense forum after all, and Powdork's question was about how this would affect his account, not whether to file a DMCA or not. That is still an option if negotiations don't work out. The question is how it would affect his AdSense account.

[Powdork]

icedowl, BigDave has the best idea of what I have in mind. Yes, you could take some pictures of my area but probably not of a lone skier in three feet of untracked powder at Kirkwood on a bluebird day. at least not that easily.

The point is that it would be easier to get a link (one of the only external links on the entire site) than to go hardline. The images being used isn't actually hurting me. On my site they are much higher res; the image is why you're there rather than as support for the content as on the offending site. I expect that people will grab my images (it's a compliment actually), and when they do, i'd rather get something out of it than fight to get them offline.

[icedowl]

Whatever. Do what you want.

I simply cannot condone or encourage outright theft and in my eyes this is what it is.

At the very least, they should give you credit and a link.

[Powdork]

At the very least, they should give you credit and a link.

And that's really all I am after. If they don't, then I will get nasty.

[ken_b]

Powdork, are they hot-linking these images? If so, maybe just add your site URL to the image, etc. At any rate, it might not be hard to at least get a photo credit link drom sites using my images.

And yes, depending a a bunch of factors you can turn this into anything from fight with no good outcome to a cooperative deal that generates traffic and maybe money.

Sometimes a fight costs more than winning brings.

[trinorthlighting]

Copywright for photographs is very different from copywrite for content. I advise you read up on the subject in depth. First of all you have to prove they are your pictures, that is a very difficult thing to do unless you have them properly registered.

[BigDave]

In the United States, copyright (note the spelling) for photographs is quite similar to copyright for text. And photographs are generally easier to prove that you were the one that created them than it is with text.

For one thing, if you have the negative, it is easy to prove with film photos.

As for digital photos, I don't know of anyone that posts their photographs professionally that does not edit and reduce the original. You go into court with the original image from the camera, with all the correct data to match your camera model and surrounding pictures and times, then show the image you created and show the software and intermediate files, and you have an easy win.

[Powdork]

what BigDave said.
Besides, the only thing that really matters is that me and the other guy know whose photos they are.

[trinorthlighting]

If you do the DMCA, also send a copy to their webhost as well if they use one. Most webhosting services will shut the pictures off from fear of being sued.