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Archive 2015 · Best way to get royalty payment for unauthorized use of photo?

  
 
charlesk
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p.2 #1 · p.2 #1 · Best way to get royalty payment for unauthorized use of photo?


Sorry I have confused everyone here by posting imprecisely.

I was told by a lawyer at photoattorney.com that I had no real practical legal recourse because the images were not registered.

I have not heard from the lawyer of the infringing company, just the media relations person I wrote to. And that was almost a week ago.



Sep 20, 2015 at 12:42 PM
rw11
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p.2 #2 · p.2 #2 · Best way to get royalty payment for unauthorized use of photo?


ah, ok - let me translate that for you: "we don't think we can make a lot of money off your case"

what you do want to do is to register the photo (and others) right away; and send a take down notice

see what happens, then contact another attorney maybe



Sep 20, 2015 at 01:55 PM
charlesk
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p.2 #3 · p.2 #3 · Best way to get royalty payment for unauthorized use of photo?


I've been given that advice and appreciate it. The thing is: I don't see how I benefit in any way from them taking down the image. They will have used it for years, and they will replace it with something else, and what have I gotten out of this? Am I missing something?

I'd rather they acknowledged the photo and kept using it. That's part of why I am playing good cop on this, rather than bad cop.



Sep 20, 2015 at 02:20 PM
rw11
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p.2 #4 · p.2 #4 · Best way to get royalty payment for unauthorized use of photo?


that's fine - but do you think they will pay for their use?

a takedown means you are trying to enforce your rights, which could matter legally - one reason people employ lawyers is to answer questions like that for the particular jurisdiction involved



Sep 20, 2015 at 07:23 PM
charlesk
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p.2 #5 · p.2 #5 · Best way to get royalty payment for unauthorized use of photo?


I am going to be patient and see what they offer. If they stop communicating I can always do the takedown then, I figure.


Sep 20, 2015 at 07:58 PM
rodmcwha
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p.2 #6 · p.2 #6 · Best way to get royalty payment for unauthorized use of photo?


You don't have to file for registration before the unauthorized use. Just do it now. If a major company has been using your photo for years, you have a big payday coming! Contact a real attorney.


Sep 20, 2015 at 08:31 PM
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