Does anyone know Alexis Malcolm Kilts?

[Nick Fiddes]

Help please anyone?

We have a problem with a Florida based business called Alexis Malcolm Kilts, who have been using our copyright images without permission. I first contacted them months ago requesting the images are removed. But they have completely ignored our requests, despite this being a clear case of illegality.

I find it very disturbing that an apparently reputable business would behave so badly, stealing our work and presenting it as their own. And whilst it is always possible that it is an innocent mistake due to ignorance or malpractice by some subcontractor, I'm pretty outraged that they have just ignored the complaint when taken directly to their main contact address.

Does anyone know the people involved? My next step with clearly dodgy companies is normally to go directly to their Internet Service Provider to have their site taken offline until the stolen property is removed. This is routinely done as they are in breach of their ISP's T&C by using other people's Intellectual Property without permission. But I don't want to create a problem if there is some innocent explanation such as long term illness or something. Anyone have any insider knowledge?

[Mael Coluim]

Nick,
I've sent an email to Alexis with a link to this post, asking her to contact you. I am sure it can be explained.

Best,

ern malcolm

[denmcdough]

Hi Nick,

We have done business with Alexis, and she seems like a very reputable dealer. She did a fantastic job on my wife's hostess kilt. I can not see, for the life of me, her doing this intentionally. There has to be a good explanation! Good luck sorting this out!

Den

[Riverkilt]

They hold copyrights on some tartans that are being ripped off - I'm sure she'll understand your point.

[Nick Fiddes]

Thanks all. It did seem odd to me as normally we only have difficulties like this with the more dodgy sites, and my gut feeling was that they did seem legit. I hope we can get it sorted. Appreciate the help.

[toadinakilt]

I spent some time on their site just now... and I didn't recognize any Scotweb pics.

[Nick Fiddes]

I'm not sure about your point. But since I took the pictures in question, and hold the orignals, there is really no question about the fact of the matter. But thanks to the kindness of forum members, I have now approached Alexis though another address and have every confidence we'll get this resolved shortly. Thanks again all.

[denmcdough]

Nick, let us know how it turns out with Alexis. She's a wonderful lady, and I'm sure this all happened by an innocent misunderstanding. Alexis is a very reputable kilt maker!!

[Nick Fiddes]

I'm happy to say I've now heard from Alexis, and am confident we'll get it sorted out shortly. I have no idea why my earlier messages in Febuary and April went unanswered. But I'm sure it will turn out fine now. I'm glad I asked for advice here before taking the more formal option that could have damaged her business, as it's clear from everyone's response that she is well regarded over there.

For the record, it seems that Alexis used images probably sent to her by customers. Whilst this is certainly not deliberate theft, it is highly unwise to use images online for commercial purposes without knowing their origin or having positive proof of permission. There are other companies such as the big photo agencies who do not trouble even to ask for removal, but go straight to demands for punitive fees or damages. Ignorance is not a defence in law.

I'm sorry if anyone feels we are taking this all too seriously. But we make a huge investment in our original photography, and it is very frustrating and time-consuming at great cost to fight when our work is simply taken without our permission. We would much prefer not to have to spend our time on this, whether due to deliberate abuse or unintentional theft as in this case. The duty is on the user to ascertain they have the right to use digital work. So I make no apologise for taking whatever steps we have to in order to protect our property. But once again I thank you all for helping to resolve this without additional unnecessary stress on both parties.

[English Bloke]

I'm glad it worked out amicably. It's good that you took the time to get to the bottom of the issue and not just dive in, guns blazing. That was nice of you.