Competitor using my product image - should I ask them to be affiliate?

10 replies
Hello,

I have discovered a competitor is using my product image in her paid course on Vimeo.

I have been pondering these two options:

1. Complain to Vimeo for copyright breach; or
2. Ask the competitor to join my affiliate program.

I am worried if I do this, she will just create her own version of the product.

What do you think?

Thank you for your time.
#affiliate #competitor #image #product
  • Profile picture of the author Jamell
    If your product and images are sourced from the same manufacturer than there is nothing you can do as far as I know .If your product images are copywritin you can order a cease and desist or other legal action to prevent further use .
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  • Profile picture of the author Kay King
    Why not first contact the PERSON rather than Vimeo and ask for the image to be removed...if you own the rights to that image.


    or - is the image identified to the extent where that might be a 'free ad' for your product?


    If the person signs up as affiliate - and sells nothing - they could use the image??


    Confused yet? I am.
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    • Profile picture of the author Jakubsnm
      Thank you Kay King, very good points.

      Yes, I will contact the person first. She may not have realized so it's only courtesy I think.

      My copyright info and website is on the bottom of the image but it's so small (she shurnk the image), you can't even read it on her video, so it's not a free ad.

      If she doesn't sell anything...I think I will ask her to give credit either way.
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  • Profile picture of the author Matthew Stanley
    I'd probably be skittish about signing them up as an affiliate.

    Best case scenario (from a principles standpoint), they inadvertently stole your image (unless it's unique enough / your market share is big enough to render that highly unlikely?), in which case they'd not have done enough market research to know you were a competitor (which would make me skeptical about the ROI of enlisting them as an affiliate). Or, they stole it intentionally, which would make for an inauspicious starting point for a business relationship.

    Seems like gathering some info about the marketer's level of intention might be worthwhile (followed by a direct request for image removal.) You could also weave the story into your copy / emails, which might further position you as the real market leader.
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  • Profile picture of the author hardworker2013
    This sounds like a legal issue to me, consult your lawyer. If she is your competitor, why do you think she is going to sign up as your affiliate?
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  • Profile picture of the author Kay King
    She may not have realized

    I doubt it. Anyone building sites and selling products should have some knowledge of copyright.


    I get the sense you are nervous about contacting this person directly...why? You mentioned going straight to vimeo - and now seem ok with allowing her to use YOUR copyrighted image.



    If it bothers you (I would not like it myself) - contact the person and TELL him/her to remove YOUR copyrighted image from the site. If it doesn't bother you ,if it's not an important image to you - just let it go and move on.
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  • Profile picture of the author Jakubsnm
    Thank you Kay King. I am nervous. I guess it's because she has a huge following and if she creates her own version of my product then I might not be able to sustain my website.

    I give affilites 50% so I'm thinking of pitching the perks to her of my affiliate program and saying if she's not interested then either please give credit via a link or remove it.

    Do you think she would be interested in pitcing my product or that, rather, it would tempt her to create her own?

    She's not a direct competitor in that she provides educational videos around my topic and I provide a practical workbook.

    She doesn't have her own site, she just markets her patreon account and now paid vimeo videos through social media.
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    • Profile picture of the author DWolfe
      Originally Posted by Jakubsnm View Post

      .
      Would you give a thief the keys to your safe ? If she stole your picture, and you ask her to promote your. Could you actually trust her ? Ask her to remove the photo and move on.
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  • Profile picture of the author freeabs
    Are the images your own? If they are, you can always talk to the offender personally to remove them. A courteous email goes a long way. In addition, why don't you add a watermark to your images to make it difficult for people to steal? The best watermark is adding your website URL so if they still chose to use them, you get great exposure instead.
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  • Profile picture of the author Jakubsnm
    Thank you everyone.

    Yes they are my own images which I created.

    Thank you freeabs...in hindsight I wish I had added a watermark over the whole image instead of just the copyright info down the bottom which can be cut off.
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