NSW Right to Use Pictures of Our Premises on Our Website?

[Rod]

Sounds like a 'showcase' situation. You do need to be careful you are not portraying your premises as work your business has done.

Not sure what law you'd be contravening:

Fraud? Is not relevant to your competitor, though they could set you up with a fake client who sues you.
Intellectual Property? Passing work as your own maybe
Common law tort of passing off?
The Trade Practices Act statutory tort?
Other?

 

[Sarah J]

Hi Sammy,

I agree with the others, given that your business is in selling and installing roller doors, this would be a different situation than if you were showing anything else (e.g. roof, building, windows etc). This is because it could give customers the wrong impression that the roller door on your building is one of many provided and installed by your company. In fact, this would be reasonable to assume from a customer's perspective. In this case, it may be misleading. Your competitors are suing because you are potentially passing off their product/services as your own. Given the nature of your business, customers will likely, or at the very least, it would be reasonable to come to this conclusion. It does not matter what your subjective intentions in putting up the photograph is. From the context (e.g. your business, what you sell, the purpose of your website as providing a portfolio of your work) it makes the photograph "mean" something different.

I suggest you either attribute the door to your competition, or put a disclosure on your website saying to the effect that "roller door on building was not provided/installed by your company" or take the photograph off altogether and install another roller door on your building that is not a competitors'.

 

[Sammy85s]

That's the image itself.

What is the context of the image? Is it to show your location? or showcase your work?

Hi Sammy,

I agree with the others, given that your business is in selling and installing roller doors, this would be a different situation than if you were showing anything else (e.g. roof, building, windows etc). This is because it could give customers the wrong impression that the roller door on your building is one of many provided and installed by your company. In fact, this would be reasonable to assume from a customer's perspective. In this case, it may be misleading. Your competitors are suing because you are potentially passing off their product/services as your own. Given the nature of your business, customers will likely, or at the very least, it would be reasonable to come to this conclusion. It does not matter what your subjective intentions in putting up the photograph is. From the context (e.g. your business, what you sell, the purpose of your website as providing a portfolio of your work) it makes the photograph "mean" something different.

I suggest you either attribute the door to your competition, or put a disclosure on your website saying to the effect that "door on building was not provided/installed by your company" or take the photograph off altogether and instal another roller door on your building that is not a competitors'.

THanks for your advice would a solution possibly be to simply note on the photograph "Our Premises"?

 

[Sarah J]

I don't believe that would be enough. Essentially, you need to make it clear to the public that your company did not install or provide for the roller door. Once you have a solution, you may need to get the written consent of your competitor so that they will not take further legal action from you.

 

[Tim W]

Hi all, we have just started a small business in which we have setup a website using the graphic of our premises. We install roller doors and of course there are roller doors on our factory. The company that installed the doors wants us to take down the picture but it's our own building. They don't have the right to proceed against us do they?

The question is not "...do they have a right to proceed against us?"
as much as the question really is
"How likely is it that they would succeed if they did?"

It would help answer that if we knew exactly what kind of action they are threatening.

And in any event, if they are the competition, then I'd be thinking about a counter claim
in the ballpark of them trying to intimidated you out of business.

 

[Sammy85s]

I have now received letter from lawyer confirming they are claiming misleading & deceptive conduct and to the tort of "passing off".

 

[Tim W]

Sadly, where there is one lawyer, there almost always has to be another.
I suggest that it's time to consult a lawyer of your own.
I do not recommend replying to the letter you have received,
until you have had some formal legal advice.

 

[DennisD]

Agreed, time to see a lawyer of your own