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Hi Alan, this photo has been stolen for commercial purposes, this is so bad and not right, but I'm glad you caught this, otherwise how would have been known this... They have to contact with you for your permission, but what could be done more for them, I don't know, for example copy rights etc. Sorry to hear this, by the way I should say this too, it is a wonderful picture and I haven't visited before your (blog/flickr) photos, they are so beautiful.
Blessing and Happiness,
with my love,
nia
“There are no rules for good photographs, there are only good photographs.”
Ansel Adams
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I would hit them with a cease and desist notice immediately, then offer to allow them to avoid further legal complications and continue to use your picture with a payment of $500.00.
Not a huge amount but low enough that they may well pay it just to keep the peace and avoid any further legal action, even if you have no intention of taking it further.
I had a similar thing happen 2 years ago, I requested tehy remove my image or give me credit for it's use, they did neither. I sent a registered letter to their websites hosting company (trace route is great if they are not on their own server) and told them as they were hosting my copyrighted image, I was suing them. The website was taken offline the day the letter arrived at their office. The company eventually got their website back online, but my Image was removed.
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Yup, it's Big Honking Watermark time.
I'd be sending them a bill for the commercial real estate site - or a business card, but real estate people do tend to be frugal, and it's hard to compete with "free".
But I'd certainly be sending a great big infringement/takedown notice to the people who put that quiz on Facebook. The FB terms and conditions, found
here, read (in part):
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License").
(emphasis added.)
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