Has anyone seen Dreamer on a poster in PAH?? U/D received a response

[nursecroft]

I can't believe they've done this, I have all the emails to prove I specifically said they were to be used for the information leaflet I approved only. :? I'm so cross and upset :evil:

I can't afford a lawyer, I have emailed the guy I dealt with, if I don't hear anything by the end of today I will be ringing and threatening them with legal action.

This is all I need right now

 

[xx-snowball-xx]

I can't believe they've done this, I have all the emails to prove I specifically said they were to be used for the information leaflet I approved only. :? I'm so cross and upset :evil:

I can't afford a lawyer, I have emailed the guy I dealt with, if I don't hear anything by the end of today I will be ringing and threatening them with legal action.

This is all I need right now

i'm so sorry
i hope that you are ok xx

 

[TeflonsShadow]

I can't believe they've done this, I have all the emails to prove I specifically said they were to be used for the information leaflet I approved only. :? I'm so cross and upset :evil:

I can't afford a lawyer, I have emailed the guy I dealt with, if I don't hear anything by the end of today I will be ringing and threatening them with legal action.

This is all I need right now

Sorry Lara. This is why I hadn't emailed the photo sooner - I knew you'd still be hurting.

Deffo give them an evil phone call and threaten action - they may 'sort it out' quicker to avoid action?

 

[nursecroft]

Hi, I work a lot with professional photographers, models etc.

What P@H did was legally theft and you need to get a lawyer involved!
Somebody not so bright at P@H's marketing department must have thought "hm I am going to save money on Photographer costs and usage fees by just scouting on-line forums stealing pretty pictures of cute bunnies and use those to produce my leaflets"!

P@H must pay you so called "Usage Fees". Even if you are not personally interested in the money, think about the all the harm they are doing to bunnies and this may be one way of setting an example. Besides you could take the money you will get and donate it to a rescue.

The Usage Fee, is based on the level of distribution and the time the leaflets where used.
In your case you can easily assume national distribution, and I would assume at least a year, unless you have been aware of them for longer.

For Photos which are nationally distributed and used for a year, the usage fees would normally start at a couple of hundred pounds to up to thousands of pounds.
In total you could claim not only for usage fees but also for your fee as a photographer and a fee for the model.

Have a look at on-line stock libraries to give you an idea how it is done.

I would get a lawyer involved asap, this is legally theft!

They gave a donation already as I gave permission for his photos to be used in the information leaflet only that I and Jill at Honeybunnies approved. I told them they could not use the pictures for anything else.

 

[Jack's-Jane]

I am sorry Lara, but given who they are I am not in the least bit surprised.

 

[nursecroft]

I have a response... what do i do?

"
Dear Lara,


I have spoken to a colleague who handles our in-store POS and have been informed that this image has been used on a rabbit shelf barker without my knowledge. (see below)




The images of Dreamer and Joey have never been stored on our internal system, however our design agency has confused the image with being a rights free shot, which of course is not the case.


I’ve been assured that this will be removed and replaced by next week and may I take the opportunity to apologise for this error and to let you know I have requested our agency delete their copies of these images so it doesn’t happen again.


To further apologise for this mistake, please accept £50 in Pets at Home gift vouchers. If you can confirm where you would like these sending to, I can arrange this.


Many thanks and apologies once more for the mistake,



Richard."

 

[crazyames]

That seems like a reasonable response to me and a good result. Personally I'd take the vouchers and close the case.

Make sure of course that they are gone in a weeks time and if they're not contact them again.

 

[AnnieElms]

That seems like a reasonable response to me and a good result. Personally I'd take the vouchers and close the case.

Make sure of course that they are gone in a weeks time and if they're not contact them again.

Yes, I agree with this. It looks like the image has been used on a positive message at least (apologies if I missed something, I just saw the photo of him advertising the fact bunnies need toys). At least they haven't used it on an ad to sell their animals. I would take the vouchers, and treat your buns to something nice with it then leave it at that as long as they are going to remove the photo from their database

 

[nursecroft]

Yes, I agree with this. It looks like the image has been used on a positive message at least (apologies if I missed something, I just saw the photo of him advertising the fact bunnies need toys). At least they haven't used it on an ad to sell their animals. I would take the vouchers, and treat your buns to something nice with it then leave it at that as long as they are going to remove the photo from their database

Yes I guess you are right... I'm not sure whether to let them use it for the toys advertisement because that is a positive massage and get them to delete the image so its not 'accidently' used again :?

 

[Bunny Buddy]

Yes I guess you are right... I'm not sure whether to let them use it for the toys advertisement because that is a positive massage and get them to delete the image so its not 'accidently' used again :?

That sounds a good plan but I think they are being really cheeky paying you off with P@H vouchers, £50 would be cheap for the use of the photograph, they are really paying only about half that if you are spending that 'money' with them :?

How about getting back to them saying they can use the photograph for that one time but not again, without further permission, but you want the £50 (or it should be worth a bigger amount ??) either in real money or as a donation to a suitable cause. They've still got off lightly compared to what you could do (though the stress probably wouldn't be worth it).

Sorry they've done this to you, I'd be really upset by it in your shoes

 

[AnnieElms]

Yes I guess you are right... I'm not sure whether to let them use it for the toys advertisement because that is a positive massage and get them to delete the image so its not 'accidently' used again :?

It's a tough one, as it was naughty of them to use the picture, but at the same time if they have to reprint all of those cards with a new image, then that seems quite wasteful (I'm thinking environmentally rather than p@h printing budget :lol. You could allow them to continue using that particular poster, but ask them to confirm that there are no different posters out there that RU-ers haven't spotted, just so you can be sure Dreamer isn't being used for the pet selling section, and ask for the image to be removed from the database immediately, so that there's no chance of this 'mistake' happening again?

 

[lottielouise]

That sounds a good plan but I think they are being really cheeky paying you off with P@H vouchers, £50 would be cheap for the use of the photograph, they are really paying only about half that if you are spending that 'money' with them :?

How about getting back to them saying they can use the photograph for that one time but not again, without further permission, but you want the £50 (or it should be worth a bigger amount ??) either in real money or as a donation to a suitable cause. They've still got off lightly compared to what you could do (though the stress probably wouldn't be worth it).

Sorry they've done this to you, I'd be really upset by it in your shoes (

Personally I think its done now, and to let them use it, However I would be asking for a lot more that £50, maybe £200, taking into account what a pro photographer/ bunny model /time props etc would cost, and ask them to make it as a donation to x rescue, and then their own costs of designer/printing etc no only to do this one, but to re do them all again.

I would also make it clear that they are to be deleted from there system totally and not to be used again. So an 'accident' like this happen again then Explain you have RU members looking out for his images being used, and that they are all over the country, he was a very striking and noticable bun, highly unlikely to get confused with others, and your photographic style is also individual.

I think your right to be fighting this, however, it is promoting toys, and therefore a better bunny lifestyle.

 

[Amy104]

Personally I think its done now, and to let them use it, However I would be asking for a lot more that £50, maybe £200, taking into account what a pro photographer/ bunny model /time props etc would cost, and ask them to make it as a donation to x rescue, and then their own costs of designer/printing etc no only to do this one, but to re do them all again.

I agree with this. What they did is very wrong and given the circumstances must be very traumatic when you are still grieving but genuine mistakes do happen. I think £200 is resaonable, must be much cheaper than reprinting everything.

 

[nursecroft]

I'm going to wait and see what Jill thinks, they can only give out vouchers not money i know that from when i was negotiating with them last time, i havent told him i've lost dreamer yet. Maybe i could ask for 200 vouchers and give half to Jill and treat my buns too? I'm not really sure how to respond or what to do yet.

 

[Amy104]

--------------------------------------------------------------------------------

I'm going to wait and see what Jill thinks, thet can only give out vouchers not money i know that from when i was negotiating with them last time, i havent told him i've lost dreamer yet. Maybe i could ask for 200 vouchers and give half to Jill and treat my buns too? I'm not really sure how to respond or what to do yet.

Sounds like a good idea. I'm sorry you have had to deal with this ((HUGS))

 

[honeybunny]

Lara..they are not my favourite place right now but having said that if they are only using it to promote toys that that isn't too bad..my worry would be them using them to promote baby bunnies
£50 of vouchers does seem a cheap get out..you could say the least they could do is send those to you and the same to a rescue of your choice
How about suggesting they stop selling rabbits altogether in honour of Dreamer and all other rescue buns?..whoops was that a pig that just went over?:lol:

 

[whitehood]

Lara..they are not my favourite place right now but having said that if they are only using it to promote toys that that isn't too bad..my worry would be them using them to promote baby bunnies
£50 of vouchers does seem a cheap get out..you could say the least they could do is send those to you and the same to a rescue of your choice
How about suggesting they stop selling rabbits altogether in honour of Dreamer and all other rescue buns?..whoops was that a pig that just went over?:lol:

:lol:

 

[Azraelm]

Definitely do not just accept the 50 pounds, what a friggin rip off.

Ask for much more - and get them to pay you money not vouchers. There is absolutely no way they can't pay you in cash - do they pay their design team in vouchers?? Would they have bought a stock shot in vouchers?? :roll:

It would have been pretty expensive to buy a stock shot with usage writes over all their stores so they should compensate you accordingly.

 

[nursecroft]

I've spoken to Jon and Jill thank you for your pm reply. I have asked for £100 vouchers for me and £100 vouchers to be sent to Jill. I have said its been very upsetting for me as have recently lost Dreamer very suddenly and that it would be cheaper and more environmentally friendly for them to give me the vouchers I have asked for than to reprint all those cards. I've said he has to assure me the images will be deleted and only used for the toys in the card I've seen and nothing else.

Although have a auto reply as he's out of the office now until monday it seems.

 

[nursecroft]

Lara..they are not my favourite place right now but having said that if they are only using it to promote toys that that isn't too bad..my worry would be them using them to promote baby bunnies
£50 of vouchers does seem a cheap get out..you could say the least they could do is send those to you and the same to a rescue of your choice
How about suggesting they stop selling rabbits altogether in honour of Dreamer and all other rescue buns?..whoops was that a pig that just went over?:lol:

If only I had that much power!!! :lol: