Hi, My Name is Elio, I own a landscaping company and One of our customers threatens to sue us and press charges, Because we have a picture of her lawn on our Trailer, we use it for Advertising. Who is Wrong here? Me Or The Client?? Please I need Help. I'm Really Upset.
Unfortunately, it's your mistake Elio. You should have sought prior permission of the lawn owner to advertize the aforementioned picture in your trailer. The owner has all right to book you against copyright infringement. As of now, I can only wish that you settle the issue across the desk by rendering apologies and thereof. Best Wishes.
This is not correct at all. If he took the photo from the street there is no copyright infringement as he owns the picture. If you took the photo and did so from public property, like the sidewalk, then you are free to use the image. If it is a photo taken from on the customers property or the back yard you might have problems. The real question is how to resolve your issue. There are a couple solutions and it depends on your situation. This is a business decision much more than a legal one. Do you care if you lose this customer? How much did it cost you to add the image to the trailer? How much would it cost to change? Would the customer accept a small fee to use the picture?
She Says She Wants $1000. The Sign Has been on there for about a year now, She is Obviously mad and seeking some compensation because she is not paying her lawn and she owes alot of money to the company, So We Said We would cancel the lawn service, for non-payment and she got mad and is threatening us, She wants a $1000, WOW!
I would offer her a payment of $100 and yearly credit of $100 off your services. That way, you can tell her she gets $1000 over time. She is happy, and you are paying only with a limited discount and over time which hopefully is not too much of a burden. You did not mention if you took the photo and from where. If it was from the sidewalk and you don't mind losing the customer, tell her to pound sand.
Haha, Thanks For your Answers and support. I took the Picture from the sidewalk, as you say. I Don't Care if i lose her as a customer, I have a whole bunch of other, she doesn't pay and she costs the company time, we're sick of this. I Actually Went to give her the invoice for the month of March of this year and she said she had already mailed the payment, she ripped the invoice apart right in my face, I felt so disrespected. So Frankly, I could care less if i lose her as a customer, it would be as if i lost a burden. She was recently dumped by her husband, she caught him cheating on her, she takes all her frustation out on the lawn guy. She is going to be going through a divorce soon, so i don't know why she wants to be in court so much, She Sickens me honestly.
Why dont you call a local lawyer, most of them will do a first meeting for free. That way you get real legal advice that is true to your state, county and city. Also, most states have their civil code published on their website. A search of your states laws on copyright and property issues might be fruitful.
Then move on, don't talk about it with her again. There is almost no likelihood she would sue you. You own the copyright to the photo. You took the photo. The photo is of your work. She has absolutely no right to stop you from using the photo - so long as it is not done in a way that makes it look like she is endorsing your work. I would forget it, forget her, and move on with business and life. She has suffered no damage and she would be nuts to pay a lawyer to pursue a losing claim. Like you said, she is just venting on you. Don't feed crazy people, it just encourages them.
http://maps.google.com/ Put her address in, Show it to her. Tell her to go sue google for having a picture of her roof.