My images discovered on a web site promoting the services of a company unrelated to the client that paid me for the original assignment is using five of my shots both on the net and in there co. brochure. If they innocently/ignorantly claim that they thought that t hey could freely use them, does that release them from any liability? I have had some dealings with this co. and they are jerks which is adding a little fuel to my fire concerning this matter. Thanks in advance for sharing you copyright experiences concerning largeformat images.
They have no excuse. What they did is unlawful and ignorance won't be a defense. Have you actually registered the copyright? I think registration will give you even more ammunition. Print out their site (so if they change it you have some p roof) and get your hands on one of the brochures. Unless it will create difficu lties between you and the original client, (some exclusive use arrangement or su ch) bill the thieves full price as if you were hired to do the pictures for them and demand payment immediately. If they don't pay, have your attorney write the m a letter demanding payment. If that doesn't work you'll have to decide if the costs of a lawsuit is worth the trouble. Good luck.
Do NOT let those criminals steal your work and cheat you. They have surely picked your pocket. If in doubt look up the ASMP or perhaps PDN magazine. Unauthorized use of copyrighted material IS A CRIME. And you, the photographer (or creator of the work), own the copyright unless you specifically give it up to someone else.
Depending on your location, you may want to try small claims court. Retaining an attorney to recover what sounds like a small amount would be counter productive. I would be interested to hear their side of the story before I pass judgement though.
Contact APA (Advertising Photographers of America). They may be able to help you find an attorney who understands the copyright law and the value of your images.
I would not go to small claims court first. If you win there you will not be able to file another lawsuit (- as far as I understand it...) Talk to an attorney first...
I don't have legal experience or experience with this problem, but the standard language that I've seen includes triple billing for unauthorized usage.
I have heard about an organization ("Volunteer Lawyers for Artists" or something like that, I think) that offers free legal advice. You may want to contact them.
Another person that you may want to contact is Seth Resnick (www.sethresnick.com).
A book that may help you is ASMP Professional Business Practices in Photography, by the American Society of Media Photographers.
I think a better place to ask those kinds of business questions would be the editorial photographers mailing list (Seth Resnick is a frequent contributor there). http://www.editorialphoto.com/
I have not, as of yet had that problem, at least not that I know of. At least you were able to find out and get the evidence. Sounds to me like pure thievery. Though in this day and age of Enron, Global Crossing, pedophilic clergy, mafia mentality catch me if you can, it's a wonder anybody can stay in business.
The general perception of photographers is that they are push overs, starving for work, that it is a buyers market, plenty of starving artists who will give away their work for exposure. Plus the many stock houses dictating conditions, prices. If you had not seen it for yourself, you probably never would have found out.
Perhaps you should contact the company directly and see what their attitude is. Explain your situation, copy right laws, how they apply to their situation. See how willing they are to pay for the usage. Charge them at first for what you would normally charge. If they balk, do not back down, they are in the wrong. Be firm and stick to your guns. If you negotiate in good faith, they may realize they are on shakey ground and pay you and give you work in the future. If they remain stiff necked, call a lawyer and sue.
Remember,copyrights do not have to be nationally registered for copyright laws to apply.
John.. don't be affraid with the copyright thing... someone told me that if you can bring the negs to the judge you will be in good shape (granting that you did not grant them illimited usage...) good luck..let us know how how it turns out...
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