The Amlak Saga Continues
Back in December I wrote about how Amlak, the real estate advertising company, took one of my pictures from online and used it without payment or permission on the front page of their weekly advertisement magazine. In essence, they stole from me.
Many of you spoke up about your disgust for their poor business practices in this situation. Some of you even suggested that I sue them. At that time, I wasn’t sure how to pursue the matter but I never forgot about it.
A few months later, one of our mutual blogging friends (who will remain nameless to protect her identity) began working for Amlak. While in her new role, she was privy to certain information, including the fact that Amlak were embarrassed for being outed and were upset about any negative publicity my article was creating.
They asked our blogger friend to contact me about the situation and she did. She explained that the graphic designer who had used the image in the publication had been fired and the head of the design department had been seriously reprimanded. She also informed me that Amlak would like to extend a personal apology and compensate me for the image.
But how much should I request in compensation? I contacted a friend who’s husband is a professional photographer in Jordan. He has experience in these matters and he suggested that I request a substantial amount of money as reparation. After all, he explained, Amlak should know better; they have plenty of money to acquire images legally; they chose my image out of thousands of prosects; and if they had asked in the first place without stealing the image, they could have purchased it for quite a bargain.
I was impressed by the figure that my photographer friend had suggested, but I decided to seek further council just to have a clearer idea of how to proceed. I contacted a friend whose sister is an intellectual properties lawyer in Amman. In other words, this lawyer’s entire job is to sue people who violate copyright laws. Her advice? Ask as much as I want in this case because I will surely win.
So I contacted my lawyer in Amman. I told him about what the others had recommended and asked his opinion. He advised me to cut my asking settlement in half (still a substantial amount) and present that offer to Amlak.
In the meantime, the higher ups at Amlak still had not personally called me. Instead, they drug our mutual blogger friend into the middle of it, asking her to do the negotiation for them. We talked several times on the phone and we were both learly uncomfortable with the position that Amlak had put us in. I had no argument personally with her and she didn’t even work for Amlak back when this situation happened!
In the end, Amlak didn’t take the initiative to make things right. Rather they continued to deal with me through my friend, forcing her into the middle of a situation that she shouldn’t have had to deal with. Their counter offer was so insulting that she didn’t even deliver it to me out of embarrassment.
I am disappointed in the Amlak company, their lack of honor and business ethics. I guess I expected more professionalism from the company leadership, but my expectations have gone unfounded. And if they want to steal my work and then insult me by offering me practically nothing in return, then they can anticipate a fight.
kinzi September 3rd, 2008 6:56 pm
Two strikes, Amlak. Three strikes, you’re out…and you’ll be ‘outed’ by more than one blogger. If you thought that publicity was bad, JUST WAIT.
Special thanks to that lady-blogger who helped.
hatem abunimeh September 3rd, 2008 8:05 pm
Dave,
I didn’t find anything on your blog that would indicate that your words or your pictures are protected by copy right. I didn’t find any warning which would indicate that reuse of material on your blog constitues a violation of copyrighted material. In the abscence of such language they probably thought that they already have your tacit approval to use the picture.By the way:tamweel means “Finance”
Dave September 3rd, 2008 10:00 pm
Hatem, I don’t think the copyright symbol at the bottom of this page is in any way ambiguous. As for the photo, it is hosted on Flickr and is very clearly copyrighted. See for yourself:
hatem abunimeh September 3rd, 2008 10:26 pm
Sorry, I wasn’t looking for symbols I was looking for plain language. Any way now that we have the copyright issue out of the way let us address the main topic.Seek legal advice, that is all I’m going to say about it.
Jacques Marchand September 3rd, 2008 11:39 pm
Honor?
Ethics??
Professionalism???
…in the Arab World????
As BTO (Bachman Turner Overdrive) once said…
You ain’t seen nuthin’ yet!!!
Tim September 4th, 2008 2:35 pm
hope you’re not trying to protect your friend’s identity from her lawyer. heh. they know who they’ve to talking to you
MommaBean September 4th, 2008 3:17 pm
Dave, Sorry to hear that your saga continues even from afar. Glad you’re getting your friend out of the middle and think embarassment is the least these guys should expect. And, they owe you plenty now… for sure. Keep up fighting the good fight!
Basem September 23rd, 2008 3:20 pm
Why wouldn’t you just get your lawyer to send them an ARAMEX’ed (a necessary ingrediant) that stipulates your claims and cut through the mutual “Friendly” chatter… and wait for their official response which i’m almost certain will come within the 3 days notice which your lawyer should enclose in the mildly written letter…
I hope to see a positive follow-up post here.