A Company Using My House as a Display Picture on The Box without My Consent

Lhippies on 21/12/2015 - 18:21
Last edited 23/12/2015 - 08:42 by 1 other user

Hi there,

I need advice. One company (letter box) company took a picture of my house without my consent and they stick it on the retail box , you may see it at Bunnings Warehouse. What can i do about it ?

http://imgur.com/Jq8Uqvd

This is my house

http://imgur.com/07yvQn1

http://i.imgur.com/vaJ21S1.jpg

Thanks to Thrift for the pic

Home & Garden

Comments

  • PVA on 21/12/2015 - 18:30
    +2

    can you post the real photo of your house with the letter box?

  • Bonsaichop on 21/12/2015 - 18:31
    +1

    Do you have a picture of your house?

  • hippies on 21/12/2015 - 18:31

    They change the letterbox. But same position.

    • captobvious on 22/12/2015 - 16:37
      +25

      That letter box looks like mine. Sandlewood is using my letterbox with your house in the background. Geez

  • hippies on 21/12/2015 - 18:34

    http://imgur.com/07yvQn1

  • Baysew on 21/12/2015 - 18:35
    +30

    Not much you can do except to take it as a great compliment.

    http://www.artslaw.com.au/info-sheets/info-sheet/street-phot…

    • hippies on 21/12/2015 - 18:38
      +3

      It would be nice if they ask first. I wouldnt mind anyway though

      • PVA on 21/12/2015 - 19:19
        +5

        just email the company and ask why. Say you were buying items from Bunnings and noticed it. CC to Bunnings HQ as well.

      • 00 on 21/12/2015 - 23:04
        +78

        Google took photos of my house and put them on the web…

        • Forfiet on 22/12/2015 - 14:52
          +6

          Google had a photo of my father on street view…..gone now tho :)

        • tetsuma on 23/12/2015 - 01:02
          +18

          @Forfiet:

          Your father or the photo?

        • Forfiet on 23/12/2015 - 05:49

          @tetsuma: photo :)

        • iSamurai on 24/12/2015 - 06:27

          @Forfiet: you can check previous versions of street view if the history icon is available.

        • Forfiet on 24/12/2015 - 08:42
          +4

          @iSamurai: yep…found him again :)

      • zealmax on 22/12/2015 - 09:16
        +3

        Very nice retaining wall.

    • moonphase on 22/12/2015 - 12:09
      -8

      It may fall in to "The law of passing off and the Australian Consumer Law"

      The image used is to sell other products than the photo itself.

      Although, I'm not sure this can be applicable to the private property. This definitely matters if you were on the photo.

      Just taking photo won't have any issue as it is the visible side to the public but using that on selling the commercial product is different story…. so if Google took photo and put it on the web, there's no issue unless they intentionally put it to injure your reputation (this falls in to defamation)

  • chumlee on 21/12/2015 - 18:40
    +6

    If you take it to court you will need to establish what loss you have suffered. Considering it cannot be identified as your house to general public and they have airbrushed/changed some things your loss isn't big if at all.

    • hippies on 21/12/2015 - 18:43
      +4

      The landscape i designed it with my own hand.. Thats the hurt part… If they ask nicely i wouldnt mind it though. Is there any possibilities to contact them and ask them to take it off ?

      • chumlee on 21/12/2015 - 18:51
        +4

        You can always ask and a good company would agree to it as they didn't ask. Worst they can say is no and you are where you are today

      • lolmao on 22/12/2015 - 18:52
        +1

        first you said you wouldn't mind.. then you want to ask them to take it off…

        • moonphase on 23/12/2015 - 11:29
          +3

          He wouldn't mind if they asked prior but they haven't so OP wants to take it off.

          What's wrong with that?

      • cameldownunder on 23/12/2015 - 13:16
        +6

        Oh, I was thinking of copying your excusite and unique landscape design for my own house. May I?

        • pufffdragon on 23/12/2015 - 14:01

          I subscribed to this thread just for the sarcasm.

        • chriskq on 23/12/2015 - 16:06

          @pufffdragon: much hurt part

        • pufffdragon on 23/12/2015 - 16:50
          +1

          @chriskq: Ha ha yeah. Truly a man in pain. We better call Dr Phil.

  • nocure on 21/12/2015 - 18:43
    +47

    Take it as a compliment and consider changing yours to the one in their photo..looks much better in the overall landscape.

    • argonide on 21/12/2015 - 18:50
      +65

      Or contact the company and ask for a free one.

      • hippies on 21/12/2015 - 18:55
        +2

        not a bad idea :D

      • subywagon on 23/12/2015 - 22:17

        lol yeah I was thinking the same thing.

    • sparkles on 21/12/2015 - 19:18
      +3

      I prefer the shale one too, sorry. Though since it's FAKE, it might not look as good in real life than their photoshopped thing.

  • Apple96 on 21/12/2015 - 19:01
    +49

    Maybe its just their way of saying you need a new mailbox

    • trustnoone on 22/12/2015 - 19:53
      +30

      Talk about targeted advertising XD.

  • c64 on 21/12/2015 - 19:12
    -1

    so whats?

  • jaxpylon on 21/12/2015 - 19:15
    +11

    How did you even discover that!?

    • hippies on 21/12/2015 - 21:31
      +2

      My inlaw went to bunnings and saw it

  • sparkles on 21/12/2015 - 19:15
    +30

    A dog appears to have wizzled on your letterbox. It really is very popular indeed.

    • TheMoDz on 22/12/2015 - 09:36
      +14

      Its the dog's now.

    • CandyMan on 25/12/2015 - 14:57

      or a little boy

  • PVA on 21/12/2015 - 19:17

    they painted your retaining wall!

  • boonanza on 21/12/2015 - 19:58
    +9

    Get over it & take it as a compliment

  • cst on 21/12/2015 - 20:21
    -5

    Perhaps you could ask for compensation because they are using your home to promote their product. If/when they decline then say you want the picture removed.

  • shadowarrior on 21/12/2015 - 20:40
    +11

    Ask the company to give you the said letter box for free….delivered and installed. :)

    • hippies on 21/12/2015 - 21:31

      Yea it doesnt hurt :D

      • inherentchoice on 22/12/2015 - 21:28
        +2

        Maybe they can straighten your retaining wall too?

  • Diji1 on 21/12/2015 - 21:32
    +1

    I dont know so I may be wrong but I don't think you have any expectation of privacy with regards to an image of your house.

  • doofus on 21/12/2015 - 22:29
    -1

    It's not the same! There are certainly some similarities, but it's not the same.

    • exulted on 22/12/2015 - 07:25
      +6

      Yeh I seriously thought this was a joke post and had a few chuckles, but with the serious responses I am starting to question my intuition

    • hippies on 22/12/2015 - 09:14

      not the same what ?

    • [Deactivated] on 22/12/2015 - 10:09
      +36

      Did you see the photos? It's the same location. Here's a side-by-side comparison pointing out some of the identical features: http://i.imgur.com/vaJ21S1.jpg

      • MetalPhreak on 23/12/2015 - 00:10
        +4

        The icons on the right image were a nice touch. Well played Thrift.

      • asa79 on 24/12/2015 - 08:29

        Different mailbox so not sure what the issue is?

      • sparkles on 22/12/2015 - 12:13
        +7

        It would be super coincidental, like parallel universe weird, if it was a different house.

  • Montag on 21/12/2015 - 22:31
    +6

    I think it may be illegal to take a picture for commercial gain.
    http://4020.net/words/photorights.php

    • hippies on 22/12/2015 - 09:15

      Thanks for the link

    • abh_gup on 23/12/2015 - 02:01

      …"without prior consent / permission". Is request to this company fails, see Maurice Blackburn. No win, no fee.

    • cheesecactus on 23/12/2015 - 19:49
      +1

      How can google do it then? Theyre benefiting commercially from streetview.

      • CandyMan on 25/12/2015 - 14:59

        They've got lawyers and money to get out of it

  • mskeggs on 21/12/2015 - 22:41
    +17

    This is the worst injustice I have ever seen

    Oh, no, I was mistaken, this barely makes the grade for dinner party anecdote.
    I'm not sure the wear and tear on your finger tips for typing this post was worth this.
    But I have replied. So now I am questioning myself!

  • [Deactivated] on 21/12/2015 - 23:11
    +11

    Targeted advertising taken to a new level?

  • MiniMoo on 22/12/2015 - 00:00
    +12

    Your letter box be like
    <:|

    Their letter box be like
    <:O

  • Stevetheadventurer on 22/12/2015 - 02:38
    +49

    Maybe sit at bunnings and offer to do signings of letterboxes?

    • [Deactivated] on 22/12/2015 - 05:35
      +59

      And erect a large sign in your front yard: "As Seen in Bunnings"

      • Stashed on 24/12/2015 - 17:39

        AHAHAHAH!

  • zorrt on 22/12/2015 - 06:13
    +5

    What a nice garden. Take it as a compliment.

    • hippies on 22/12/2015 - 09:15

      Thanks…

      • zorrt on 22/12/2015 - 11:53
        +10

        Either you have a much nicer kept garden or you live in an apartment and not realize how much effort the OP would have put in to maintain that garden.

        • SupeNintendoChalmers on 22/12/2015 - 12:41
          -7

          the former, yes. But then again I'm super OCD with my front and rear gardens.

          OPs garden is very stock standard, you see these everywhere in the outer suburbs (I'm outer suburban too btw).

          basically the succulents are dead easy to maintain. The lawn looks fake, though I might be wrong.

          If OP made retaining walls by him\herself then yes, that would've been time consuming.

  • Geewhizz on 22/12/2015 - 07:00
    +3

    What can i do about it ?

    Nothing, they are allowed to take and use pictures to their heart's content. The only exclusion is with children.

    I'm with those who have suggested you try and hit them up for a freebie of the shale letterbox though. It looks good.

    • MetalPhreak on 23/12/2015 - 00:02

      They are NOT allowed to take photos of ANY person and use it for COMMERCIAL PURPOSES without the persons consent, child or adult. Not used for commercial use, probably not against the law. Whether this applies to property (or other non-human things) in the case of the OP's garden, nobody knows because we're not lawyers.

  • cryptos on 22/12/2015 - 07:31
    +5

    You're letterbox is tilting, looks like you need to level it correctly, ie. dont place it on the stones but the sand underneath.

    • exulted on 22/12/2015 - 08:26
      +1

      Maybe start selling this as a competitor to Shale. Your marketing campaign would go something like "Shaft - it tilts a little to the left"

    • BillyZ93 on 22/12/2015 - 08:10
      +33

      Problems are relative. So many are starving and struggling at this time of year and you're spending money on internet that could be forwarded to a charity that assists those people? Seriously?

  • kash1 on 22/12/2015 - 08:03
    +8

    That is so your house in that picture. Looks like they added in a few more Yucca's to hide the front of your house.
    You would think it's wrong to take a random picture of someone's house and use it for selling a product.
    I am interested in what Sandlefords reply is.

    • hippies on 22/12/2015 - 09:16

      Yea i was thinking to send a proper letter or just email…. Uhmmm…

  • outlander on 22/12/2015 - 08:31
    +5

    Maybe you can claim it as a work of art? Like a post modern sculpture. That way, they'd be infringing on your intellectual pro-per-tah

    • hippies on 22/12/2015 - 09:18
      +2

      I still think its wrong to take a pic of someone's property and use it for commercial use…

      • outlander on 22/12/2015 - 09:41
        +3

        So do I. It's like jeez, if your gonna rip of my design, at least chuck me a buck or two.
        Greedy bastards

      • Forfiet on 22/12/2015 - 14:27
        +1

        My question to you is did someone come and take a photo of your garden or have they ripped off a old photo you have made and forgotten about? If you may have made the original photo and they have taken it……that's a different kettle of fish!

  • edfrane on 22/12/2015 - 08:51
    +1

    If you custom made and designed that letterbox. Then you can easily claim on copyright infringements.

    As for the photo of your property, which it really is, just highly photoshopped. They legally should've asked for your permission first.

    • hippies on 22/12/2015 - 09:21
      +1

      Agreed… I would never think they would do something like that… Well ppl buying their product because they see the picture on the box, and all the money go to them… Just wrong…..

  • Wonka on 22/12/2015 - 08:54
    +4

    I'm amazed that some one noticed it. As far as what you can do, I think it's nothing? Any one can take a photo from public land and do anything with said photo. If it was your photo originally and they changed it and slapped it on a box, that would be different.

    If not, no one would be able to take photos in a city because every building belongs to some one else. They certainly wouldn't be able to sell said photos. Both of these things happen daily.

    There was a good article in the SMH about the ludicrousness of Barangaroo trying to stop people taking photos without purchasing a licence: http://www.smh.com.au/entertainment/art-and-design/what-a-ri…

    • No ONE on 22/12/2015 - 11:15
      +2

      Then why are you even in this thread? Go spend your that 2 seconds else where and save your precious time on better things then. As for me, I found it interesting and the replies I read from ozbargainers are useful on how people can use different ways to solve problems.

      • DiscoJango on 22/12/2015 - 12:59
        -5

        im allowed to voice my opinion, just as much as you are. now stop telling me what to do. ill post more just to piss you off :)

  • Peanut money on 22/12/2015 - 09:37
    +3

    Probably a kit home looking the same as yours

    • Forfiet on 22/12/2015 - 14:30
      +4

      Same plants and discoloring at the top of retaining wall? closer to unlikely…..

      • Peanut money on 22/12/2015 - 14:40
        +14

        But there's no bins

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