One of my photos was appropriated (maybe)

[Greg Lockrey]

Let's see the two pics....

[Mark Stahlke]

Let's see the two pics....

Please.

[ic-racer]

It has come to my attention that a painter who lives in another state has a painting that he has exhibited that looks to me like an almost direct copy of one of my photographs that I have up on my website. The composition is identical as well as the aspect ratio. The painting depicts the scene at a different time of day, and he added part of a tree where in reality none could be. My image is black and white, his is in color.

If indeed he has used my photograph I am not amused. How do you think I should proceed with this? Do I write him a letter asking for clarification, or go directly to attorneys (which I'm willing to do)?

Seems like a picture I took in the 1970s. How should I proceed...

[Steve Sherman]

FWIW, This has happened to me on two different occasions with two different images of mine.

As you Richard, at first I was really irate, especially because the offenders were casual friends and do in fact regularly exhibit their work.

As time passed, I began to think, flattered to a degree but mostly I felt sorry that the photog completely missed the experience of creating something unto themselves.

I would not concern myself with negatives experiences and people who run in that circle.

2 cents, Steve

[Frank Petronio]

I'd write them a letter, very diplomatically but firmly and not expressing any approval, asking them what is going on?

Unless they have the resources to settle for a decent amount, there isn't much for you to personally gain but you would be doing a service to every other photographer to discourage it.

[cyrus]

If youve registered a copyright proving infringement is pretty much the only hurdle. How hard it will be depends on how similar the works are, which is a judgment call. BUT more importantly you dont have to prove that you crrated the work first, which can be difficult, or that you suffered actual damages, which can be impossible.

[Leigh]

Unless there's something extremely unique and unusual about your image, it would be virtually impossible to prove that his rendering was derived from your photo,

After all, you stood in a particular place and saw an image.

Anyone else standing there would have seen the same thing.

Given the interpretive latitude of a painting, I think proving that his is yours would be almost impossible.

- Leigh

[ROL]

How do you think I should proceed with this? Do I write him a letter asking for clarification, or go directly to attorneys (which I'm willing to do)?

Hmm... maybe have a look here or here first.

[Caroline Matthews]

It's good to have a place where you can get free legal advice from real experts. Just remember: you get what you pay for.

[Kirk Gittings]

BUT more importantly you dont have to prove that you crrated the work first

Hmmm.......how could he have made the painting from his photograph if the photograph was not made first? I would think that was step one if you wanted to pursue something legally.