AirAsia used my photo without my permission!!

Quick, look at this!

Dear Members,

Go to AirAsia website: http://www.airasia.com/site/en/home.jsp Can you see the picture they used to advertise their Bali packages? Now go to AsiaExplorers Bali page: http://www.asiaexplorers.com/indonesia/bali.shtml Isn't the photo of the ornate temple gate what they've taken to put on the AirAsia website? And the words say, "Bali 3D/2N fr RM459.99" That is an advertisement!






View it in the AirAsia website, and you'd see it's the same picture as the one on my website! Please printscreen the AirAsia page and keep it. I need you to be my witness! Tell your friends to do the same.

How can AirAsia do something like this!? I don't care if the photo is the size of a postage stamp. As long as you use my photo to advertise something - it could be a flight, a tour, or nasi lemak, you need to ask my permission first. I may have thousands of photographs on the web, but I sure am able to recognise my own photos when I see them. While I am flattered that AirAsia would use my photograph on their front page, I am totally tift that they have neither asked for my permission nor paid me for the usage.

Let me spell this clearly: you may print pages from my website and download my photos for your own personal, non commercial use. It is for people to enjoy. However, you may not crop the photos, particularly, you must not remove the www.asiaexplorers.com. I need it there so other people can see where it comes from, and go into the AsiaExplorers website to enjoy the photos too. And certainly, you cannot take my photos and pretend they are your own.

For commercial use, you need to seek my permission, and most likely, you need to pay a small fee. AsiaExplorers photographs have appeared in photography magazines, travel guides and calendars. People pay to use them. Yes, some times I have allowed my photos to be used for free, to support social causes, such as Eden Handicap work for disabled people and Penang Heritage Trust. But people always asked for my permission beforehand, even the Malaysian Government too. There is a limit to my generosity. If you're gonna cross the bridge, you've gotta pay the toll. If AirAsia can use my photos for free without paying or asking permission, it would be totally unfair to those who have paid good money.

Don't tell me a big corporation like AirAsia has no idea about copyright. I would understand if you're a mamak stall. But we're dealing with one of the biggest airline in this region. Their Marketing Communications department should be given a big slap on the hand for this.

Hmmm, so it appears I have a tiger by the tail. What should I do about it?

I need a lawyer!

Is there a lawyer out there? If you're a lawyer, or you know a friend who is one, help me please! I want this to be an example that commercial entities cannot take photographers for granted, whether they are professionals or amateurs. We spend money to travel and get those photographs - they cannot simply take photos that don't belong to them and use those photos for their own benefit, without permission or payment. I want them to pay for damages. At this juncture, a tagline from the AirAsia website appears quite appropriate: The sky's your limit! And considering I have never given permission for them to use my photo, if you can help me get some money out of this, I will donate it to charity.

If you're willing to take up this case, please contact me as soon as possible. Thank you.




tim@asiaexplorers.com