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Use of Matterport Tours Without Permission1536

WGAN Forum
Founder
DanSmigrod private msg quote post Address this user
Almost a year ago, I posted to the Matterport User Group Forum about the use of my Matterport 3D Showcases and videos without my permission.

Last night (4 April 2016), I noticed a MUG Member's website contained two of my Matterport Spaces – used without my permission (nor with a credit line) or any descriptive text to tell the reader these Spaces where not his.

I sent the Member a take-down request. A day later, the 3D Spaces are still live on his website.

@Mikesobay posted this comment when I reported use of my 3D Showcases in my post a year ago.

Quote:
Originally Posted by @Mikesobay


Vimeo has addressed this by allowing the content owner to designate which websites can access videos. This would likely prevent MLSs (as they permit MP embedding) syndication to other sites, such as Zillow, however.


This is a great idea and would solve this challenge for all Matterport Pros.

In the mean time, I can not set these two Spaces to private because they are in use by our clients (and I do not want to go back to clients and ask them to swap-out embed code, URLs, etc.)

In addition to the comments in the previous thread, what would you do / what have you done when you saw your creative work used by others without your permission?

By the way, I am asked so often by Matterport service providers just starting out if can use some of my 3D tours for their website, I say yes, if they are a Member of the We Get Around Referral Network. (Examples | Join)

I am (usually) a very positive energy person and I like to keep the tone of the MUG Forum fun, positive, warm and forward-thinking (solve problems rather than complain).

Please indulge me today for ranting and not offering a solution to my own challenge.

Dan
Post 1 • IP   flag post
RGO private msg quote post Address this user
Hello Dan
We are Newbies as well. In setting up our webpage, I have reached out to Matterport about getting maybe 4 different TOURS so we can host them.....as examples of what the technology can do. It would be nice to have our own, but we have as yet gone out into the field.

Can you tell me who or where to go inside Matterport to get permission to HOST 4 different tours to showcase the various property types ?
Dick
Post 2 • IP   flag post
Expertise private msg quote post Address this user
My first post. I lurk here while deciding when/how/whether to get into 3D tours.

My thoughts: If you have nothing to show, and have not "gone out in the field"... is it appropriate to present an expert's tour on your page as an example? I'm pretty sure Matterport's examples were done by highly skilled photographers under ideal conditions.

Isn't that kind of like a newbie portrait shooter posting some of Annie Liebowitz's work as "examples of what the technology can do"?

Seems to me that you should offer to do some Tours for a nominal fee (or free) while you learn from your inevitable mistakes. First, figure out what you're doing and then post your actual work when it is something you can be proud of. Would you even feel comfortable charging if you've never even done anything?
Post 3 • IP   flag post
Santana private msg quote post Address this user
Hello Dan
What you just described is very upsetting. There are laws in place for unauthorized use of photography by others. You would think that this would apply as well because it is a type of photography. Respectfully they should've asked your permission and given you credit if you allowed them to use it. What they are doing is misleading to any person who views the showcase or consumer that might obtain their services based on your work not theirs.
Post 4 • IP   flag post
Santana private msg quote post Address this user
By the way since you can't change the settings while it is an active listing maybe you can make use of the presented by to put your company name (unless use that for your client) I personally use that section for my company name in each Matterport I create.
Post 5 • IP   flag post
RGO private msg quote post Address this user
Joining in again.....NEWBY....hoping that Matterport had examples we could showcase the technology. It is crazy and unlawful to post someone else's work without permission. So before I go asking for members input, I would hope that Matterport would step up and help with the marketing....by allowing us to host 3 or 4 tours to show NEWBY clients what the technology is all about.

RGO
Post 6 • IP   flag post
Mikesobay private msg quote post Address this user
Photographers will usually issue a take down notice pursuit to the DMCA if there is no 'fair use". Here are suggested steps
Post 7 • IP   flag post
WGAN Forum
Founder
DanSmigrod private msg quote post Address this user
@RGO

About my Matterport examples ...

We Get Around Referral Network ...

Basic Members can use 5
Standard Members can use 10
Premium Members can use 15
Essential Marketing Tool Kit Members can use 15

These Matterport Spaces have generic titles with no We Get Around branding. Though a credit line would be nice – Courtesy of We Get Around – it's not necessary.

@Expertise

Thanks for joining the discussion ...

We do ask that We Get Around Referral Network Members NOT say or imply that these examples were created by them. Yes. We're giving our Members a quick-start with examples of homes, condos, town homes, hotels, offices, retail, commercial real estate, construction and schools.

Plus, our examples are a great way to promote categories that Pros have not scanned yet (but would like to).

Dan
Post 8 • IP   flag post
WGAN Forum
Founder
DanSmigrod private msg quote post Address this user
Quote:
Originally Posted by @Mikesobay
Photographers will usually issue a take down notice pursuit to the DMCA if there is no 'fair use". Here are suggested steps


@Mikesobay ...

Much thanks for the DMCA steps. Professional Photographers of America has a sample form letter for this.

If my Matterport Spaces are not removed by this weekend, I will send off a DMCA take-down request.

Also, thanks again for your Vimeo idea in the earlier post on this topic.

Dan
Post 9 • IP   flag post
WGAN Forum
Founder
DanSmigrod private msg quote post Address this user
Quote:
Originally Posted by @Santana
By the way since you can't change the settings while it is an active listing maybe you can make use of the presented by to put your company name (unless use that for your client) I personally use that section for my company name in each Matterport I create.


The "presented by" is too prominent. I do not want to annoy our clients. Are you getting any push back on this from real estate agent clients? Or, are you the real estate agent?

Dan

P.S. About the laws ... the photographer is in a different country ...
Post 10 • IP   flag post
3rd Party
Service
JonJ private msg quote post Address this user
I also add my company name to each scan I capture on the model name line. It helps with brand recognition and I have never gotten any push back from clients.
Post 11 • IP   flag post
Standard
Member
RobinLycka private msg quote post Address this user
Just send them an invoice.
Post 12 • IP   flag post
WashingtonState360 private msg quote post Address this user
As @3DscannUK suggested, an INVOICE seems a professional manner of addressing the unauthorized use of what is your material prior to seeking redress through administrative action. Far more profitable than fuming. :-D UK

Some might send CC (Courtesy Copy) the Cease and Desist notice to their Web Host as well, if known, with request of how to follow their policy to go about disconnecting site with illegally posted materials. Not to take it down, but to perhaps worry them.

An additional attachment would be a screenshot or print screen capture of his/her use (with the URL Web address and time/date also present) and/or perhaps recent archives from the WayBack Machine (https://archive.org/web/) as forms of forensic evidence of the transgression.

If within USA jurisdiction, perhaps send this snail mail as "Registered", Return Receipt Requested (if I recall). It is then signed for at every hand-off, to be sure they got it.

Add additional fees if you wish. The idea being Presumptive Law (recognized and used by many jurisdictions (such as eveb foreign jurisdictions like IRS, OTC, collection agencies...). This often encourages them to refute the charges as excessive, which often ensnares them by suggesting they owe you SOMETHING. It could then a matter of benevolent negotiations on your part.

These are just random unedited thought-provoking ideas.

No, I am not an attorney, barrister, etcetera. But was sometimes asked for Do-It-Yourself simple ideas back before I retired as an Information Technologist (IT) for a private bank in Switzerland, a Lex Mundi listed law firm in the British West Indies, software companies elsewhere on this amazing planet.

Mostly I'd suggest (not advize) deciding to have invoice fun and then forget about the schmuck.
Post 13 • IP   flag post
WGAN Forum
Founder
DanSmigrod private msg quote post Address this user
The offender took down my Matterport Spaces.

In reply to my takedown request, he writes:

---

"Of course, no problem, didn't know you required permissions to exhibit your scans."

---

Dan
Post 14 • IP   flag post
WGAN Forum
Founder
DanSmigrod private msg quote post Address this user
Hi All,

Would a Google Alert for either the Matterport model URL – or the Matterport model number – be the best way to uncover unauthorized uses of Matterport Spaces?

Thanks,

Dan
Post 15 • IP   flag post
Basic
Member
mori private msg quote post Address this user
I have adressed to limit embedding to a domain or ip to matterport last year in october. I guess it´s on a list but I am not sure if or when they will offer this feature.
Post 16 • IP   flag post
Basic
Member
mori private msg quote post Address this user
That´s also a reason why I´m working on a own hosting solution with restriced access.
Post 17 • IP   flag post
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