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Old 7th April 2015, 14:52   #1
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Default Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Today morning as I was checking on my usual whatsapp groups, a friend of mine posted a picture of the www.mahindrathar.com website displaying one of my pictures taken in Jan 2013. Now that wasn't something I expected to see as the first thing in the morning, and I was more infuriated than flattered about having my jeep on the front page of the officlal Thar homepage.

How could the Mahindra Adventure team just lift my picture, re-touch it and then publish it on their website?

Since today morning, I've tried to highlight this issue on various social media pages that I know are actively monitored by the M&M folks but there hasn't been any response. I've also sent out an official email communication to the top boss asking for an explanation and the actions that will follow, but I'm not sure if there's anyone who's read that email yet.

The question of how these large companies think they can exploit the internet and violate image copyrights seems to be larger than what it seems. A few friends are suggesting I take the long path of sending in legal notices etc but I'm not sure of how and whether they're an effective way to arm twist such a large corporation to own up their mistake.

See for yourself:
Mahindra publishes my image on Thar website without permission. EDIT: Resolved-tharpic.jpg

The mobile version of the website carries my logo watermark (wildzests) on the number plate which has been removed in the PC version shown above.
Mahindra publishes my image on Thar website without permission. EDIT: Resolved-mobileversion.jpg
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Old 7th April 2015, 15:01   #2
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Oh that's rude on Mahindra's part.

One question: It will be very difficult for any creative agency to touch up the photo unless they have the RAW or a decent hi res image. Facebook doesn't support hi-res downloads. By any chance have you shared the hi-res image in any of the forums (public or otherwise). How about the FB page - wildzests.com itself? Has the leak happened from them? accidental leak maybe?

One advice - please watermark all your photos with (c) information and disclaimer, if possible with your email id.


Hope it helps

EDIT: Also wondering if the original photo is yours (as in clicked by you) or the claim is because its your vehicle or both?

Last edited by 1lokesh : 7th April 2015 at 15:04.
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Old 7th April 2015, 15:39   #3
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Amolpol - Yup, its infuriating indeed that they violate copyrights blatantly. The least they should do is seek consent before using any images/text that they do not have copyright to. However, I'm fairly optimistic that this is more likely to be the work of some PR agency and M&M will try and make amends once they are aware of this.

I suggest you send them a letter by registered AD to their legal dept, and I'm sure that will help expedite a speedy resolution.

But you have to admit that it imitation is also the best form of flattery, and looking at your photograph, I must say, that's a great click.
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Old 7th April 2015, 15:42   #4
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Quote:
Originally Posted by 1lokesh View Post
Oh that's rude on Mahindra's part.

One question: It will be very difficult for any creative agency to touch up the photo unless they have the RAW or a decent hi res image. Facebook doesn't support hi-res downloads. By any chance have you shared the hi-res image in any of the forums (public or otherwise). How about the FB page - wildzests.com itself? Has the leak happened from them? accidental leak maybe?

One advice - please watermark all your photos with (c) information and disclaimer, if possible with your email id.


Hope it helps

EDIT: Also wondering if the original photo is yours (as in clicked by you) or the claim is because its your vehicle or both?
The original picture is mine, clicked by me with my own camera and memory cards and I should have the RAW file to prove it as well. Just making sure that there is no doubt that it belongs to me

In today's world, you could potentially retouch a photo even if you downloaded a crappy quality off Facebook. And they're not using a hi-res image for the banner, its probably a 600px or 800px image at max so they could very well steal it off the FB page or flickr or my blog where it's currently posted.

I do watermark my pictures with the wildzests logo and you can see it in the second picture, but you could potentially erase watermarks if you needed to so that isnt the fool proof way of doing things. Moreover, I wouldn't have thought that M&M blokes were running so tight on cash that they had to steal off the internet.
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Old 7th April 2015, 16:08   #5
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Along with Mahindra, we should be blaming the AD firm which is running this campaign.

I would say some trainee creative thought lifting pics off FB would add a nice touch to the website. Or else they are maintaining the Thar website on a shoe string budget so didn’t really bother about ‘procuring’ the images before using them.

Let’s hope heads don’t roll for this rookie mistake.
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Old 7th April 2015, 16:09   #6
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Quote:
Originally Posted by amolpol View Post
I do watermark my pictures with the wildzests logo and you can see it in the second picture, but you could potentially erase watermarks if you needed to so that isnt the fool proof way of doing things. Moreover, I wouldn't have thought that M&M blokes were running so tight on cash that they had to steal off the internet.
LOL.

Kindly refer to this thread: http://www.team-bhp.com/forum/shifti...ot-credit.html (TATA resorts to plagiarism on Facebook. EDIT : Got credit!)

Very similar, no?

Thanks!
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Old 7th April 2015, 16:14   #7
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Quote:
Originally Posted by amolpol View Post
A few friends are suggesting I take the long path of sending in legal notices etc but I'm not sure of how and whether they're an effective way to arm twist such a large corporation to own up their mistake.
Would lodging a complaint here help?

http://www.ascionline.org/index.php/...omplaints.html

Cheers,
Vikram
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Old 7th April 2015, 16:54   #8
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Quote:
Originally Posted by Spinnerr View Post
Along with Mahindra, we should be blaming the AD firm which is running this campaign.

I would say some trainee creative thought lifting pics off FB would add a nice touch to the website. Or else they are maintaining the Thar website on a shoe string budget so didnít really bother about Ďprocuringí the images before using them.

Letís hope heads donít roll for this rookie mistake.
Well, I need to see them stand up and own their mistakes. How do they make it up for the mess is a different question altogether.

Quote:
Originally Posted by FINTAIL View Post
Very similar, no?

Thanks!
Similar yes, but that ended in a fairly quick apology and acknowledgement, so all is well.

Quote:
Originally Posted by comfortablynumb View Post
Would lodging a complaint here help?

http://www.ascionline.org/index.php/...omplaints.html

Cheers,
Vikram
Thanks Vikram, I will try them if I don't see any satisfactory response from M&M. I'm keeping my options open.

Update:

A friend found another picture being manipulated and used on Twitter by these Mahindra Adventure dimwits. Both the jeep pics are of my jeep and I've clicked and posted those pictures online. The left side pic is of a later date when I had the winch installed etc, whereas the right side pic is the same pic posted earlier.

After looking at the mutilation of my pics, I'm thinking I should also sue them for that as well.

Name:  TharPic1.jpg
Views: 2253
Size:  76.5 KB
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Old 7th April 2015, 18:35   #9
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

My landlord owns an ad agency and he told me one such incident which happened long back when he was working for one such ad-agency.

Bottom line is, you can send an official notice to Mahindra and work with a lawyer to ascertain the amount in damages. Mahindra is not liable to pay you and they will redirect that notice to the ad-agency who did the goof-up.

Worth a try, since my landlord said that the company he was working for long back ended coughing 3.5 Lakhs to petitioner (the photographer) back in early nineties. It was an ad campaign for Infosys where the image was stolen. Original evidence was a film strip back then and now it should be original RAW file.

Last edited by Speed Pujari : 7th April 2015 at 18:37.
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Old 7th April 2015, 18:43   #10
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Quote:
Originally Posted by amolpol View Post
The original picture is mine, clicked by me with my own camera and memory cards and I should have the RAW file to prove it as well. Just making sure that there is no doubt that it belongs to me

Moreover, I wouldn't have thought that M&M blokes were running so tight on cash that they had to steal off the internet.
That's blatant, idiotic and stupid of Mahindra then. You must take them to task for such blasphemous act.

Quote:
Originally Posted by Spinnerr View Post

I would say some trainee creative thought lifting pics off FB would add a nice touch to the website. Or else they are maintaining the Thar website on a shoe string budget so didn’t really bother about ‘procuring’ the images before using them.

Let’s hope heads don’t roll for this rookie mistake.
I disagree. Suppose it is a rookie's job, he has put the entire equity of the brand and the agency he/she works for on stake here. If it is someone from Mahindra itself, then IMHO, he/she is not fit for the job. This is basic hygiene. Normally client provides all the images/assets to the agency (particularly if its a digital agency), but then when they make/source it on their own - the whole responsibility lies upon someone who has approved the creative/artowrk.

Quote:
Originally Posted by amolpol View Post
Well, I need to see them stand up and own their mistakes. How do they make it up for the mess is a different question altogether.

Update:

A friend found another picture being manipulated and used on Twitter by these Mahindra Adventure dimwits. Both the jeep pics are of my jeep and I've clicked and posted those pictures online. The left side pic is of a later date when I had the winch installed etc, whereas the right side pic is the same pic posted earlier.
Well, after some googling it appears that the digital duties of M&M are with an agency called VML Qais Source
And further probing this reveals that a lady called Tripti Locahn is heading it. Here is the twitter handle of this lady: https://twitter.com/triptilochan
You might want to take it up with her on twitter.

All the best!

Last edited by Technocrat : 6th May 2015 at 23:40. Reason: Please quote selectively as a large quoted post causes inconvenience to our mobile readers, thanks
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Old 7th April 2015, 19:43   #11
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Something similar has happened with me a few months back.

When I went to took delivery of my XUV, I clicked a pic of my family seating in the back of the Alto ...properly belted up.

Here's the pic:
Mahindra publishes my image on Thar website without permission. EDIT: Resolved-my-image-dsc_0794.jpg

Its posted on teamBHP in my ownership thread here:
http://www.team-bhp.com/forum/long-t...ml#post2835978 (The "Duma" comes home - Our Tuscan Red Mahindra XUV 5OO W8)

That was almost 3 years back. Then one fine day, a friend who works for M&M saw a poster in his office about road-safety and the importance of buckling up on the rear seat. He remembered the same pic from my thread and told me about it. When he received the same poster in email, he sent me the following screenshot:
Mahindra publishes my image on Thar website without permission. EDIT: Resolved-my-image-img20150407wa0015-copy.jpg

My guess is, somebody who was responsible for making that poster, must have searched on "XUV rear seatbelt" in google and used the first relavent image he found:
Mahindra publishes my image on Thar website without permission. EDIT: Resolved-my-image-used-without-permission.jpg

Since the image was used for a good cause, I let it slide and did not take it up with M&M for copyright infringement.

But looks like M&M (or their media agency) is a habitual offender in this aspect.

Last edited by SDP : 7th April 2015 at 19:45.
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Old 7th April 2015, 19:48   #12
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Quote:
Originally Posted by SDP View Post
My guess is, somebody who was responsible for making that poster, must have searched on "XUV rear seatbelt" in google and used the first relavent image he found:
Attachment 1358147

Since the image was used for a good cause, I let it slide and did not take it up with M&M for copyright infringement.

But looks like M&M (or their media agency) is a habitual offender in this aspect.
That's pretty shameful. I'd hate for my family pics to be used in that way without the courtesy of the user at least requesting my permission first. Am sure it wasn't too much of an effort to mail into Team BHP and ask us how to get in touch with SDP.
Using Google images has become the quick and easy way to "create" good presentations these days. I confesss am guilty of it myself when working on something quick and dirty for internal consumption. But anything Marketing-related...it's a big no-no! M&M is a professional company and better is expected of them and the agencies they work with.
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Old 7th April 2015, 20:38   #13
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

The bottomline is Mahindra is using a cheap & unethical AD agency. The era of reusing images from web for commercial usage is long gone. Mahindra may not be aware of this happening, the AD agency won't tell them where they got the images.

Few years ago, Getty images sent legal notice to my company for copyright violation of one of their images. Turned out that the web design company we hired used images from the web. So we had to pay up some $1000 to get out of it. Large images companies have bots to search the Internet for their copyrighted images and they have an army of lawyers.

What are the options for you... forget the lawsuit. You are not a professional photographer, so you can't establish major loss of revenue due to this theft. You can't pin the intent on Mahindra either, the onus is really on the AD agency. SDP has a strong case though since they didn't take model release waiver.

Your best option is to inform Mahindra of this image theft. Their AD agency is obviously doing this a lot (3 cases in this page), eventually they might steal from a somebody who may come after them with a big legal stick.

Last edited by Samurai : 7th April 2015 at 20:42.
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Old 7th April 2015, 22:09   #14
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Hire the best Intellectual Property Law Professionals, on sharing basis.

You should not highlight it as a loss of revenue for you, but the Visibility in terms of numbers, counts, visits, which Mahindra received and will get in future from the Picture.

If Mahindra makes visibility and money, it is liable to pay as Intellectual Property of it is not with them.

Solid cases even the Seat belt Pic.

Do not leave an opportunity as 'Chalta Hey' mindset will go, and true professionals will Rise.
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Old 7th April 2015, 22:38   #15
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Default re: Mahindra publishes my image on Thar website without permission. EDIT: Resolved

Try tweeting this to Anand Mahindra. May be he will take note.
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