Advise; Image Use without consent

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Dom87SS
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p.1 #1 · Advise; Image Use without consent

Thanks for the help with this.

Edited on Aug 13, 2012 at 07:47 PM · View previous versions

Aug 06, 2012 at 04:11 PM

netexpress
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p.1 #2 · Advise; Image Use without consent

I would just figure out how much you would have normally charged for the use of the photo and send them a invoice for double that amount (since they published it without your consent) along with something clearly stated about any future rights to use the image, etc.

Aug 06, 2012 at 04:54 PM

redcrown
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p.1 #3 · Advise; Image Use without consent

Go to a patent/copyright lawyer. Offer the job on 100% contingency. The lawyer gets x% (probably 50%) of any amount he can win in court or, more likely, in settlement. You pay nothing to the lawyer so you have nothing to lose.

If you try 2 or 3 such lawyers and none will take the job, that tells you there is a poor chance of winning anything significant. So it's probably not worth your effort to go it alone. Unless your want to put 50 hours of your time into it for a $50 return.

Aug 06, 2012 at 06:45 PM

BluesWest
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p.1 #4 · Advise; Image Use without consent

Go to a patent/copyright lawyer.

You should definitely follow this advice. This sounds like an obvious case of infringement, and if the infringer removed your copyright marks from the photo then the infringement is willfull -- additional damages will apply. The fact that the infringer is a commerical entity, rather than just an individual, increases the chances that an attorney will take your case.

I suggest you check out Carolyn Wright's web site. She is a well-known attorney specializing in photo copyright law: Carolyn Wright

John

Aug 06, 2012 at 07:07 PM

CGrindahl
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p.1 #5 · Advise; Image Use without consent

Unless you're a professional photographer who regularly licenses/sells work, this is likely a mountain over a molehill. Hiring a copyright attorney for a photo that would likely have netted you a few hundred dollars IF it is yours and IF it wasn't taken from a photo hosting site that in the small print reduced your rights as a condition of using the site? With 5 million amateur photographers taking thousands of photos a year, the chances of you getting a unique shot of anything but your own child is pretty slim. I know that pride in our work can lead to bruised feelings if we believe it is being misused, but it seems to me that pursuing this matter beyond what you've already done would be pretty much a waste of time.

My friend who does regularly license/sell his work never posts anything online that is large enough to be used by a magazine and all images have a watermark on them. And his site is set up in a way that you can't copy images. If you want to become a professional in this business you might want to think about how to protect your work as my friend does...

http://georgeward.com

Aug 07, 2012 at 04:04 PM

Dom87SS
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p.1 #6 · Advise; Image Use without consent

...

Edited on Aug 13, 2012 at 07:47 PM · View previous versions

Aug 08, 2012 at 03:42 AM

CGrindahl
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p.1 #7 · Advise; Image Use without consent

I wish you well.

Aug 08, 2012 at 05:39 AM

BluesWest
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p.1 #8 · Advise; Image Use without consent

Unless you're a professional photographer who regularly licenses/sells work, this is likely a mountain over a molehill.

If the infringer was an individual, I might agree with you. But the OP states that the infringer is a "large publication", i.e. a commercial entity. An attorney would definitely consider taking a case like this since the potential damages can be significant.

John

Aug 08, 2012 at 05:38 PM

CGrindahl
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p.1 #9 · Advise; Image Use without consent

This might be useful to OP in considering how to proceed. There is no need to reinvent this particular wheel since this problem is endemic and there are always folks prepared to make a buck dealing with it.

What To Do When Your Image is Stolen

Aug 09, 2012 at 06:41 AM

netexpress
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p.1 #10 · Advise; Image Use without consent

I dunno - what is your ultimate goal here? I'm first and foremost a business person. And IMHO going around suing people isn't often good for business in the long run.

If your goal is to establish yourself as a professional source for content to customers such as this then you should introduce yourself, present a bill and get paid. Get in the door - if a letter didn't work, call them or show up in person. Show them your other work. Act like someone they'd like to get to know and work with i.e. a nice reasonable person. No one is going to work with someone that sues them at the drop of a hat - period! And surprisingly word does get around about who is easy to work with and who threatens you with lawyers immediately. People move from company to company and they don't forget. You build up one reputation in this life and it follows you.

But if your goal is to use this as a meal ticket by all means get a lawyer and sue the pants off of them.

But to me - I'd rather gain a new customer and establish them as a repeat customers. In the long run repeat customer make you rich for life. One time meal tickets do not.

Aug 10, 2012 at 03:20 PM

Dom87SS
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p.1 #11 · Advise; Image Use without consent

...

Edited on Aug 13, 2012 at 07:47 PM · View previous versions

Aug 12, 2012 at 05:52 PM

CGrindahl
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p.1 #12 · Advise; Image Use without consent

So I assume you've hired your lawyer and are preparing to take action? I'm sure you understand that lamenting your plight on FM isn't likely to do much good, even if it feels a bit better to kvetch.

Good luck! I hope you get relief.

Aug 12, 2012 at 08:19 PM

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