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| Copyright infringement question... - Page 1 | |
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| Posted: Thu Jul 5th, 2012 13:28 |
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1st Post |
iPlaid
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So my brother got married last weekend and the wedding photographer had "calling cards" made and left them on the table for the guests to take and visit the website for the wedding shots. To my surprise, my photographs were on these calling cards...The cards have the photography company name and website all over the card and also had the company's "copyright statement" ((C) Copyright XXXXXX) on the back of the image. Now obviously I'm going to wait until my brother gets all of his photos before I do something about this, but what should/could I do? I don't know where this photographer got these images or if my brother even gave them to him, but the fact is that he used them and claimed the work as his. My copyright is in the digital exif information, so you would think that they would have seen that and known not to use my photos without my permission. What sort of recourse do I have with this? I feel like he is impersonating my work and causing my business harm by stealing my work...thoughts???
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| Posted: Thu Jul 5th, 2012 15:07 |
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2nd Post |
Gilbert Sandberg
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i, Do you mean that somebody has used your image(s) and put them out to the public , pretending it was his/hers? I am not current on USA laws, but I might do he following: -collect as many cards as possible -wait for the wedding photo's to be delivered (he/she may hold them hostage if you speak up before) -send an infingement notice, asking for as much money as you dare (be sure the shoot will not net any rewards after payment of that you ask for) -be sure to communicate all you do with your family member, feuds have started for lesser reasons Regards, Gilbert
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| Posted: Thu Jul 5th, 2012 15:12 |
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3rd Post |
iPlaid
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Indeed - they have used 2 of my images and put them out to the public (or at least all the guests of the wedding) indicating that the images were theirs. Their website and contact information was all over the photo and also had their copyright info printed on the back. I intend to talk with my brother about it today so as to give him the heads up, but yes, I will not do anything until they get their wedding photos. I wouldn't want to jeopardize that for them.
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| Posted: Thu Jul 5th, 2012 15:25 |
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4th Post |
jk
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I would talk to your brother and tell him how you feel. Also discuss with him what needs to be done and get him to also agree the next step with you. If he agrees with you on the next steps then collect you evidence and then go and confront the photographer and ask them to explain their actions. If this is not disputed then you need to ask the photographer about what reparation he can offer you for his misrepresentations. Maybe your brother gets his wedding pictures for free!
____________________ Still learning after all these years! https://nikondslr.uk/gallery_view.php?user=2&folderid=none |
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| Posted: Thu Jul 5th, 2012 15:48 |
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5th Post |
Ed Matusik
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Certainly tell your brother, and have the evidence that the images are yours available. Also confront the "Pro" with the evidence and see how He/She reacts. However, if you never registered your copyright with the U.S. Copyright Office (http://www.copyright.gov), a reputable attorney will probably be reluctant to pursue any legal action for you unless you insist, and even then they will warn you that without a copyright registration number, your claims will probably be rejected by a court. - EdM.
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| Posted: Thu Jul 5th, 2012 16:16 |
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6th Post |
Eric
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Tell your brother but sit tight till he receives the photographs he requires. It's one thing to display another persons work as yours....its another thing to derive money from that misrepresentation. So I would recommend waiting until he HAS taken money before making a challenge. As others have said, a formal letter should be sent to him stating your payment terms for use of your images. A tour operator client received a bill last year for £10,000 for using two Getty images illegally on his website . They were minute pictures of destinations in Italy amongst other legal ones. (nothing to do with me by the way!) He eventually negotiated the figure down to £3000... But he still had to pay...and remove the images for the website. As always, it's how far you want to push the process...and how much realistically he will (be able to) pay. The least I would want is a free wedding for your brother. But It depends how much work he does and how long the images have been in his use. Which leads me to the most important question.... How did he get the images in the first place? Two or three years ago I did some shots of new trucks for a haulage company. They were really pleased with them and asked for files on a CD. Since I was paid for taking them and they were good clients I let them have them. 6weeks later on a visit they told me how proud they had been at the recent expo in London. It was the national launch of DAF trucks new models and projected 40foot across the stage was my photograph of my clients DAF truck. GULP! I asked if they paid him... answer...NO...but he was very proud about it so I didn't press the point. He felt it was great kudos and advertising for his company. I just felt WE missed out on a BIG payout. But thats life.
____________________ Eric |
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| Posted: Fri Jul 6th, 2012 01:56 |
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7th Post |
richw
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If you go and have a look at Kelbytraining.com there are some courses in there relating what you can do in this situation relating to US law. As somebody else posted above in the US you have no recourse unless the copyrighted property is registered. The course is designed for professional photographers and is conducted by a US copyright lawyer. You can do three lessons for free at the website, but pay $19 per month for access to more, might be worth it and there are some pretty good courses you can look at for the rest of the month.
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| Posted: Fri Jul 6th, 2012 02:16 |
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8th Post |
jk
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Ed Matusik wrote:Certainly tell your brother, and have the evidence that the images are yours available. Also confront the "Pro" with the evidence and see how He/She reacts. However, if you never registered your copyright with the U.S. Copyright Office (http://www.copyright.gov), a reputable attorney will probably be reluctant to pursue any legal action for you unless you insist, and even then they will warn you that without a copyright registration number, your claims will probably be rejected by a court. - EdM. This shows how unhelpful the law is in these cases. I believe in UK the breach of copyright is the use of materials for which you have not paid or have rights to use. It is more akin to theft rather than any formal registration of ownership. Proof of ownership is pretty easy with film but less easy (but still relatively easy)with digital. The difficulty come when you have commissioned work like in Eric's case as copyright is usually transferred when payment is made by the customer, unless the customer has agreed differently. Wedding and portrait/studio photography is a different game again which is why it is recommended that you have a contract for each customer. Otherwise you only get payment for taking the pictures not the subsequent prints as the images are deemed to be commissioned. Sometimes it pays to be careful!
____________________ Still learning after all these years! https://nikondslr.uk/gallery_view.php?user=2&folderid=none |
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| Posted: Fri Jul 6th, 2012 05:34 |
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9th Post |
Ed Matusik
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JK, the law goes a lot further than just the original work, it states that the original plus any "derivatives" are covered. Derivatives is interpreted broadly to cover cropping, using any portion of the image or copying the image or any portion of it to include drawings made from it. But, giving this coverage and proving it is the devil in the details. I've had people tell me that they downloaded one of my images so they could use it or parts of it to make a painting. Whether or not they then sold their copy of my work I'll never know. - EdM
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| Posted: Sat Jul 7th, 2012 02:13 |
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10th Post |
jk
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Yes that is true Ed., the copyright covers all or part of the image. Derivatives or similar shots are a much more difficult area as proven by a recent case in UK about a use of a B&W image of a London Bus that has been recoloured to show only the bus in colour. This area is very subjuctive and could tie up a herd of laywers for a century!
____________________ Still learning after all these years! https://nikondslr.uk/gallery_view.php?user=2&folderid=none |
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