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  1. #1
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    Ugg Images = Copyrighted images!
    I've got an email from a Deckers attorney today and they told me that I'm using copyrighted images at my site. The fact is that the images comes from Zappos and Thewalkingcompany so how can they be copyrighted? Is it a joke or what can it be?

  2. #2
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    First, any creative work (such as a photograph) is protected by copyright law. In general, resellers are "licensed" to reproduced images provided by a manufacturer or distributor. However, sometimes merchants or distributors will grab images which a manufacturer has not authorized for use in this way.

    You should forward the email to your merchants, and consider whether to write back to the attorney explaining that you are an affiliate authorized and encouraged by the merchants to use these images in connection with the sale of the merchants. (Sometimes it's best not to reply at all. In this case, it's possible that the attorney will just write back demanding that you "prove" that you have the right to use the images.)

    Your merchants will want to clear this up, since it's likely that if you got this letter, so did dozens of other affiliates.

  3. #3
    http and a telephoto
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    Are you hotlinking or did you download the images to your website and are hosting them yourself?
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  4. #4
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Mark is correct, but the way UGG is reacting as of late it sounds like they will (unreasonably) complain if any of their products are in any image taken by anyone.

    The UGG Australia attorneys should really focus on the squatters that the network compliance teams "don't know" about.
    Continued Success,

    Haiko
    The secret of success is constancy of purpose ~ Disraeli

  5. #5
    ABW Ambassador Doug247's Avatar
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    Quote Originally Posted by loxly
    Are you hotlinking or did you download the images to your website and are hosting them yourself?
    Lox, why would that matter? I have a few sites where i pull and cache product images.
    Thanks,
    Doug

  6. #6
    ABW Ambassador affninja's Avatar
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    That's interesting. I guess I'll be on the lookout for that email as well.

    Even though it's been over a month since this broke, it looks like Shoes . com has been the only company to drop Ugg from their datafeed.

    Other advertisers, specifically The Walking Co. continues to actively promote Uggs through affiliate channels.

  7. #7
    http and a telephoto
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    Quote Originally Posted by itsupportnotes
    Lox, why would that matter? I have a few sites where i pull and cache product images.
    There have been a few threads on this lately. Why it matters is if you are hotlinking you can show the attorney where the images are being pulled from and why. If that site has the license then they can clarify if affiliates are allowed to link to them and display the images as well. Then, if they need to be removed, the company can remove or replace them without the affiliate being involved.

    If you have stored them locally, then you may indeed be breaking the license agreement that the merchant has with the manufacturer.

    Afflilates *really* need to check with *each merchant* before locally hosting product images, there are a large number of merchants that specifically do not allow affiliate hosted product images, for a wide variety of reasons.

    As an affiliate I got a C&D from a manufacturer, and yes the merchant had to remove the product images as well.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  8. #8
    ABW Ambassador Joshua's Avatar
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    If Zappos took the product photo themselves, I can't see how Ugg would own that copyright. If it's straight from Ugg, maybe there's an issue.

  9. #9
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    Well, the attorney says that Deckers just authorizing retailers to use its copyrighted images.
    Seems that I have to remove the images and replace them with images taken by myself or is that illigal also? Still wonder if hotlinking is forbidden also. Have to reply the attorney then.

  10. #10
    ABW Ambassador Doug247's Avatar
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    Thanks Lox
    Thanks,
    Doug

  11. #11
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    Two things ... lot's of similar boots look like UGGS. How do they know they are UGGS?

    Send the attorney an email that says:

    "Idiot, how can I sell UGGS and make enough money for them so they can pay you to send stupid emails if I don't show the product?"

    Then pull the links and put up a competitor and send the attorney the following:

    "Idiot, I have pulled all the UGG product pictures and have put up a competitors product. So you won't have to worry about it anymore, and for sure you will not being getting your check from Deckers as they will no doubt go broke, since no one will be selling their stuff online."

  12. #12
    ABW Ambassador Joshua's Avatar
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    Quote Originally Posted by it2shoes
    Well, the attorney says that Deckers just authorizing retailers to use its copyrighted images.
    Seems that I have to remove the images and replace them with images taken by myself or is that illigal also? Still wonder if hotlinking is forbidden also. Have to reply the attorney then.
    Take up the issue with whatever affiliate program you're taking images from. Zappos and The Walking Company's Ugg images look considerably different from those that Ugg themselves have on their official store, so you need to get confirmation that Deckers actually owns the copyrights to those images.

  13. #13
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    Well I have exchange the images to some other now.

  14. #14
    http and a telephoto
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    Quote Originally Posted by Joshua
    If Zappos took the product photo themselves, I can't see how Ugg would own that copyright. If it's straight from Ugg, maybe there's an issue.
    If Zappos took the photos of Ugg boots, then it becomes a Trademark issue and not a copyright issue.

    Affiliates shouldn't have to worry about the images that are made available to them for posting. But affiliates need to be sure that the images they are linking to or using *are* the ones allowed for affiliate use. The image links in the datafeed, might be different from the ones shown on the site.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  15. #15
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    Well, my site has been closed by my host cause of an email from Deckers. Deckers told them that I was using the Ugg mark. It has been closed for 5 days now and I'm really p***** off. I thinking about moving my site to another host. What do you suggest?

  16. #16
    Affiliate Manager EricTyler's Avatar
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    Sorry to hear that. That's a real pain.

    If Deckers is sending letters to your hosting company, I'm not sure a different hosting company is going to act any differently. But, if you are looking for a new host, I moved a bunch of sites to MediaTemple a while back and have been real happy with their service so far.

    Best of luck.

  17. #17
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    Well, my site is up again and Deckers have approve it. Wonder when Zappos and TheWalkingCo gonna stop us from promoting Ugg. Maybe Deckers have changed their mind....

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