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

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

Comments

  • +2

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

  • +1

    Do you have a picture of your house?

  • They change the letterbox. But same position.

    • +25

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

  • +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...

    • +3

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

      • +5

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

      • +78

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

        • +6

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

        • +18

          @Forfiet:

          Your father or the photo?

        • @tetsuma: photo :)

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

        • +4

          @iSamurai: yep…found him again :)

      • +3

        Very nice retaining wall.

    • -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)

      • +6

        This has absolutely nothing related to "the law of passing off"

        Please don't give legal advice in future, or I may sue you for false legal advice in interstellar arbitration court for damages.

  • +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.

    • +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 ?

      • +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

      • +1

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

        • +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?

      • +6

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

        • I subscribed to this thread just for the sarcasm.

        • @pufffdragon: much hurt part

        • +1

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

  • +47

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

    • +65

      Or contact the company and ask for a free one.

      • +2

        not a bad idea :D

      • lol yeah I was thinking the same thing.

    • +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.

  • +49

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

    • +30

      Talk about targeted advertising XD.

  • -1

    so whats?

  • +11

    How did you even discover that!?

    • +2

      My inlaw went to bunnings and saw it

  • +30

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

    • +14

      Its the dog's now.

    • or a little boy

  • they painted your retaining wall!

  • +9

    Get over it & take it as a compliment

  • +11

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

    • Yea it doesnt hurt :D

      • +2

        Maybe they can straighten your retaining wall too?

  • +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.

  • -1

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

    • +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

    • not the same what ?

    • +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

      • +4

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

      • Different mailbox so not sure what the issue is?

  • +6

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

    • Thanks for the link

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

    • +1

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

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

  • +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!

  • +11

    Targeted advertising taken to a new level?

  • +12

    Your letter box be like
    <:|

    Their letter box be like
    <:O

  • +49

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

    • +59

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

      • AHAHAHAH!

  • +5

    What a nice garden. Take it as a compliment.

    • Thanks…

      • +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.

  • +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.

    • 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.

  • +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.

    • +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"

    • +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?

  • +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.

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

  • +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

    • +2

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

      • +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

      • +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!

  • +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.

    • +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…..

  • +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...

  • +3

    Probably a kit home looking the same as yours

    • +4

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

      • +14

        But there's no bins

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