p.1 #1 · Quote request and stolen images...UPDATE!!
Add me to the mix. Seems that Icelantic Boards has used my images w/o permission. I sold them (still havent seen money) a one time usage for an image they used as a full page ad in Powder. Recently a friend saw their cateloge and the shot is in there again as well as another one. At least my photo credit is there...but, that was never discussed. I need to bill them. What is the going rate for ski catalog shots (full page)? After non-payment, which collection agency do you use? Much appreciated.
Aaron
edit: went to their website after writing this...found another usage there too. again...quote?
Edited by aFeinbergPhoto on Feb 22, 2008 at 10:50 AM GMT
p.1 #2 · Quote request and stolen images...UPDATE!!
ah there's this software I've heard of, forget what it's called but it calculates every possible usage you'd need to license, I think it's call QuoteFoto or something?
p.1 #7 · Quote request and stolen images...UPDATE!!
Have you tried the PPA? I know that the AOP over here offers members legal advice on this sort of situation. Usually, a letter from the association's legal department does the trick.
p.1 #8 · Quote request and stolen images...UPDATE!!
Go to any stock agency site - Photoshelter or such and run up a quote on an image like you are going to purchase it (you probably need to register to do this) for the usage you need and this will give you a decent ballpark of the price to quote plus add-ons as you desire.
Registering is cheaper than buying software..
Michael
p.1 #12 · Quote request and stolen images...UPDATE!!
-PPA and others are professional organizations that will step in an use their influence to help you out.
-E-mail is the passive aggressive form of communication. Skip it. Call them up and ask to speak to the marketing director. If people ask who you are, let them know you are the photographer who owns the copyright to images they are using without your permission. If you are firm, polite and actually speak to someone things may happen. Explain the situation, and then ask where you can send the invoice for payment. If they hesitate or try and get around it...be firm, but polite. Threatening lawyers will slam the door shut as they will probably call your bluff. You don't stand to make much so the cost of an attorney will be more than its probably worth.
-If they still blow you off or just apologize after a phone call then your options are to pay for an attorney, find one for free (PPA will help, but they have membership fees), or write it off. You don't have much at your side that will force their hand if they are not willing to pay.
-Let us know how things go. 99% of the time people present questions like this and there is no report of resolution...so no way to learn what works and what does not.
p.1 #16 · Quote request and stolen images...UPDATE!!
If you don't want to go the legal route which could get expensive, according to FotoQuote, a full page with a press run of 1K is $567.00, 5 to 7 K $755.00 etc etc. If they have used more images than agreed, then double the fee price! In future, I would suggest that you do not send the image until you have received the fee, especially if the client is an overseas entity. You should also draw up a license agreement stipulating the usage, period etc which should be attached to the email with the request that by downloading the image, they accept the conditions of the agreement.
p.1 #17 · Quote request and stolen images...UPDATE!!
Ah thank you all so very much. Learning very quickly. Shady companies. And it's a ski company, usa based. I dont even remember giving them a full rez, non watermarked image of the other shot they used. Is it normal to receive payment before? I know most mags cut checks after the issue is out. Time for phone calls and mailing.
p.1 #19 · Quote request and stolen images...UPDATE!!
My good friend is an IP attorney. In talking with him I've learned just how difficult it is to see any money in cases like this. So think long and hard about what you want and how to get it. Ideally talking to a lawyer first is best as you can get good advice from professionals who do that day to day. You may be able to prove willful infringement, which is what will get an attorneys attention. However if you have not registered in a timely manner (this is a gray area...some say the law allows for 30 days after you see the infringement, others say 30 days from when you publish the images in any way) then you are most likely in a very tough spot to collect anything but what you would have gotten paid. And for a couple thousand dollars its not likely to net out as much for you.
PPA can be a very good resource for this. So if you can't find an attorney to talk to for free, it would be worth the $350 to join PPA for this and the other benefits (lower insurance and other discounts).
