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Archive 2012 · Hey, Sunway: That's my photograph. Please stop the copyr...
  
 
Smiert Spionam
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p.1 #1 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


Hey, Mr. Sunway, since you chose not to reply to my very polite PM two weeks ago, I'll say it publicly. Please stop using my photograph to sell your product without permission.







The Amazon link:

http://www.amazon.com/SUNWAYFOTO-Discal-Compat-DDY-64-Sunway/dp/B004E635JO/ref=pd_cp_p_1

My original photograph was posted in this thread to help other users here in 2010:

http://www.fredmiranda.com/forum/topic/857736/4

(direct link to the photo now removed)

As I said in the PM,

"I was just in a discussion about the Arca-Swiss P0, and reminded people of how well it mates to your disc clamp. I've been curious about whether you might develop a lever version of it, so I looked at the current Sunway listings on Amazon. I was surprised to see one of my photographs of the clamp on a P0 head here:

http://www.amazon.com/SUNWAYFOTO-Discal-Compat-DDY-64-Sunway/dp/B004E635JO/ref=pd_cp_p_1

"It's not a huge problem, but I would have appreciated being asked first. Like most photographers, I don't like seeing my images used without permission."

I think that response was exceedingly mild.

I like your clamp. It's well-made, perfectly mates to the Arca P0 head, and I respected the fact that unlike some of the other new Chinese manufacturers, you've done some product design and development on your own, rather than simply exploit the intellectual property of other manufacturers. I'm disappointed to see that you don't extend that same courtesy to the users of your product -- even those generous enough to post a positive review and share information about how to make it even more useful to other potential customers.

I thought you were better than Benro. Perhaps I was mistaken. I've written to Amazon to ask them to remove my photograph.

Edited on Mar 27, 2012 at 03:49 PM · View previous versions



Mar 27, 2012 at 04:27 AM
dcains
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p.1 #2 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


Oops - maybe they'll send you something free in return?


Mar 27, 2012 at 09:32 AM
sjms
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p.1 #3 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


old bad habits run deep


Mar 27, 2012 at 09:56 AM
sjms
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p.1 #4 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


old bad habits run deep


Mar 27, 2012 at 09:56 AM
twistedlim
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p.1 #5 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


Too bad really. You can bet if he had grabbed one of Getty Images photos they would have nailed him. I have a friend who was putting together some information and a person who worked for him downloaded a Getty image without realizing she had to get permisssion. Sure enough a month later they got an invoice from Getty. No ifs ans or buts about it, just pay the man.
Perhaps you should send an invoice for your troubles and perhaps they will think twice next time.



Mar 27, 2012 at 01:29 PM
Smiert Spionam
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p.1 #6 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


It took Amazon only four hours to reply -- at 2:30 am, they responded with clear information about how to pursue a copyright infringement complaint. I'll send the relevant information to their legal department today.

All I wanted was "Oops -- we shouldn't have done that. Please accept our apology." They could blame it on carelessness; they could blame it on a subcontractor or reseller; they could blame it on the weather. But to completely ignore the matter?

It's very difficult to interpret this as anything other than a company that doesn't care about intellectual property. The fact that it is making products that look an awful lot like those made by an established market leader makes it worse -- it looks like a pattern, not a mistake.

I don't care how widespread IP theft is in China. If they want to be respected as a photographic products company, of all things, they should take intellectual property seriously.



Mar 27, 2012 at 01:37 PM
Smiert Spionam
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p.1 #7 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


twistedlim wrote:
Too bad really. You can bet if he had grabbed one of Getty Images photos they would have nailed him. I have a friend who was putting together some information and a person who worked for him downloaded a Getty image without realizing she had to get permisssion. Sure enough a month later they got an invoice from Getty. No ifs ans or buts about it, just pay the man.
Perhaps you should send an invoice for your troubles and perhaps they will think twice next time.


Good idea. I'll send them a bill.



Mar 27, 2012 at 01:38 PM
JimUe
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p.1 #8 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


i've had a few instances of ebay / craigslist sellers stealing my photos, in each instance i had to contact ebay / craigslist directly as the seller didn't provide any response. after filling out a standardized form the photos were removed pretty quickly.


Mar 27, 2012 at 01:51 PM
Smiert Spionam
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p.1 #9 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


They're using it on ebay, too.

http://www.ebay.com/itm/5-X-SUNWAYFOTO-Discal-Disc-Clamp-Arca-Compatible-DDY-64-Sunway-Tripod-Head-NEW-/200605074590?pt=LH_DefaultDomain_0&hash=item2eb4fe849e

They're definitely getting a bill.



Mar 27, 2012 at 01:52 PM
Taoguy
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p.1 #10 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


Not sure there is anything worth pursuing here. You have identified there is someone working in the company that was too lazy to either take the pictures or buy them. Your post of the original has no watermarks, they may have hired a photographer for the set and he stole yours.

I know of a case where the company used stolen photos for an ad that ran 6 mths, they were challenged after two months and apologized and pulled them end of month 6. Paid no fees.

Your email may or may not have reached the correct person to respond to you. So CYOA applies here. If I was going to pursue this I'd make sure I was contacting the correct person with a Cease & Desist letter, not email. Then decide how much $$ I want to spend on this. Beware of where you post photos is the best defense I know of.



Mar 27, 2012 at 02:10 PM
 

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Smiert Spionam
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p.1 #11 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


I understand that fully. The relationship between OEC Camera (the eBay and Amazon stores) and Sunway is unclear, though when I purchased the clamp from OEC, they said they were the manufacturer.

I don't expect to be fully compensated. I will, however, be sure to send them a bill, and I will draw public attention to this behavior, which is both illegal and unethical.

This forum is probably the most visible place where Sunway products have been discussed. Sunway is a member here and they include a link to FM on their main website. They have attempted to use FM for advertising, and my photos were stolen from here.

Given all that, it's appropriate to draw attention to it here.

This could all have been avoided with a simple apology or explanation when I brought it to FM user sunwayfoto's attention in a PM here on March 13. They chose to ignore the matter, so here we are.

I've also got an IP attorney in the house, so if they choose not to repair their image here, I can very easily pursue other venues.

Edited on Mar 27, 2012 at 03:01 PM · View previous versions



Mar 27, 2012 at 02:40 PM
Taoguy
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p.1 #12 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


You may have already done so, but if not PM Fred so he's aware of the problem.


Mar 27, 2012 at 02:49 PM
Mattski1
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p.1 #13 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


A Chinese manufacturer not respecting intellectual property rights?

Not making light of the situation, Smiert, because I feel the same way you do. The IP issues with China (and elsewhere), however, run deep...



Mar 27, 2012 at 03:06 PM
Smiert Spionam
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p.1 #14 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


Oh, geez, it just got worse. My photo is also on the Sunwayfoto.com main web page, with the caption "Picture above is provided by Pro Photographer."

http://www.sunwayfoto.com/?fproduct/l2/i140

This can't be blamed on a distributor or dealer. Sunway is responsible.



Mar 27, 2012 at 03:09 PM
Smiert Spionam
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p.1 #15 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


And here:

http://www.sekaimon.com/i190495257545



Mar 27, 2012 at 03:11 PM
Chris S.
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p.1 #16 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


This is good to know. I was just about to advise a friend to pick up a product from either Sunwayfoto or Promediagear (both companies, in this case, have similar offerings). Now my advice will be very simple: "Buy the one from Promediagear."

Sunway, if you read this thread, be aware that many photographers read these forum posts. We do not like to purchase from thieves, and we have long memories.

--Chris

(edited for typo)

Edited on Apr 17, 2012 at 01:50 AM · View previous versions



Mar 27, 2012 at 03:33 PM
Smiert Spionam
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p.1 #17 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


Thanks, all, for taking the time to read this and speak up.

I see that the image on their own webpage still includes the EXIF data, which lists me as the copyright holder. That makes it about as clear cut as it can possibly be.

I've written to the CEO of the company, so hopefully he will respond. If he wants to make this right, he can.



Mar 27, 2012 at 03:45 PM
gardenvalley
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p.1 #18 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


I was about to buy a Sunwayphoto lever clamp to replace the screw clamp on my ballhead but, having read this post, I won`t. If you`re reading this Mr. Sunwayphoto, guess what, you lose.


Mar 27, 2012 at 03:55 PM
Taoguy
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p.1 #19 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


Hopefully the CEO responds positively and not excuse oriented. Makes one wonder if they are that cheap, what ways are they cutting corners with their products or warranties?

Good luck with your efforts, post the results if possible as it might be staff that are responsible, if not can't see why any one on this forum would purchase anything from the company.



Mar 27, 2012 at 04:29 PM
Smiert Spionam
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p.1 #20 · Hey, Sunway: That's my photograph. Please stop the copyright infringement.


I will definitely post about any followups -- and I want to give them a chance to work this out. Unfortunately, they ignored my prior contact, when this could have easily been resolved with an apology. Now that I've discovered that they're using the image on their own website, it's more egregious.

The thing that's especially frustrating is that I actually like the product. I was one of the first people to buy this clamp, and I believe I was also the first to document that it could be installed on an Arca P0 head. I took the risk in buying the product for that use, and shared the information about how it could be done -- and in return for that information, they stole my intellectual property.

My photograph was essential to their promotion of the use of the clamp on the Arca P0, and I have no doubt it contributed to their profitability.




Mar 27, 2012 at 04:54 PM
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