Smiert Spionam
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Upload & Sell: On
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 Re: Hey, Sunway: That's my photograph. Please stop the copyr... | |
Well, I think this one is about as resolved as it\'s going to get. It\'s now 48 hours since I last emailed Richard Zhou, the CEO of Sunway, without a response. In the meantime, he\'s clearly received my emails and/or he has read this thread, because he immediately began to remove my images from his various websites. He appears to believe that this problem will go away if he ignores it, and simply tries to erase the evidence.
Thanks again to all of you who have offered encouragement, tips, and information. It\'s very much appreciated.
For the record, here\'s a reminder of the timeline:
October, 2010 -- after lots of questions and some speculation, I bought a Sunway disc clamp to try on the Arca-Swiss P0 head. It was a bit of an gamble, since I couldn\'t get a firm answer about whether or not it would even work on that head -- Sunway couldn\'t even tell me for sure themselves. I bought it, I tried it, and it worked (after cutting down the included mounting screw, which was too long). Pleased to have found a nicely matched combination, I took some pics and shared them here, hoping to introduce others to what seemed to me to be an innovative, well-made product. Hey, a new import company that wasn\'t simply copying existing designs. Nice!
Over the next several months, I mentioned the head/clamp combo to a few people, and some tried it. Unbeknownst to me, someone at Sunway copied my photograph and began to use it in their advertising materials; they also begin to promote the use of the disc clamp on the Arca head.
At some point in 2011, I rearranged my website and took down the image, so I\'m not sure exactly when Sunway copied it. It was likely sometime between October, 2010 and March, 2011.
Fast forward to this month:
March 10: After Sunway came up in a couple of threads, I decided to follow up and see if they have ever developed a compact lever mount version of the disc clamp. I was surprised to see my photograph on the Amazon page for the disc clamp.
March 11: I sent a PM via this forum to sunwayfoto, expressing my surprise that they took the image. I wasn\'t upset, but I did expect an apology. Had one been offered at that point, it would have been the end of it.
March 26: More than two weeks later, the image was still being used on Amazon, and I still hadn\'t even received an acknowledgment of my PM. I started this thread.
March 27: I started looking more closely, using Google image and Tineye searches (thanks for the reminder about the latter, Micky). In short order, I find the image also in use on eBay and Seikamon (an Asian eBay affiliate, I think), as well as on Mr. Zhou\'s own website, sunwayfoto.com. The caption for my photo says \"Picture above is provided by Pro Photographer.\"
At 10:41 am central time, I send him a personal email detailing all of these infringing uses. I tell him that I expect a public apology, and that we need to talk about compensation. Given the circumstances, I tell him a number that is triple what I would normally charge for a couple of hours of work and full rights to the image, but I don\'t send a bill, or give him an ultimatum about that price. It\'s not even that great an image -- had he requested one in the first place, I would have done a far better job for less. Then again, beggars can\'t be choosers, and neither can thieves. And after all, the image was good enough that he used it (possibly for a year or more) to help sell his product. The market (ie, Mr. Zhou) spoke -- the image clearly had value.
Still, all I really care about is that he contact me, and apologize.
I also contact eBay and Amazon, and begin copyright infringement complaints with each. They are professional, and quick to respond, though the level of documentation required is fairly length and time-consuming. I wish I could bill Mr. Zhou for the time preparing this information, which is far more unpleasant than making photographs.
I receive no reply, but by that evening, my image has been removed from sunwayfoto.com and from the Amazon page. The eBay images remain active. Since it\'s from the same seller as Amazon (as far as I can tell, the US division of Sunway), I assume it\'s because it\'s harder to remove images from an active auction, and Mr. Zhou apparently can\'t be bothered with ending an auction early to stop his infringement.
March 29: Still, no reply.
Mr. Zhou, I assume you\'re still reading this. Please read it very carefully.
Two weeks ago, I was a happy customer, satisfied with your product, who discovered what I assumed to be a careless moment of bad judgment about your use of my photograph. If you had simply replied and apologized, I was prepared then to excuse the matter. That would have been the end of it.
Instead, you apparently did not feel that my request deserved even a reply, and you did not stop your infringing use of my photograph. Once I made my concerns public, I discovered that your illegal uses went much farther. More than two weeks after I first contacted you, you continued to use my photograph on your company\'s own website to promote your product. If I had not made my complaint public, I\'m sure you would still be using it today.
You still have not taken responsibility for your shameful and illegal actions. Instead, through your poor response to what should have been a very minor issue, you have alienated a customer. Furthermore, you have damaged your reputation among other potential customers, as well.
The market for professional-grade ballheads and other support gear is very small, and depends heavily on word of mouth recommendations -- often made through websites like this one. In the future, if anyone asks me about using Sunway products, I will suggest they read this thread as evidence of your character. From my perspective, all I see is a coward and a thief.
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