Vented Frustrations!

[Big Bully]

They'd be fools not to agree to that.

Diesel's a sport?

Diesel trucks have two main sports. We have sled pulling and drag racing. And the more horsepower you have, the cooler it is. lol

Here is an example of a diesel truck pulling. aka "the sport"

[Ads]

[Socrates]

Diesel trucks have two main sports. We have sled pulling and drag racing. And the more horsepower you have, the cooler it is. lol

Here is an example of a diesel truck pulling. aka "the sport"

http://youtube.com/watch?v=-sBr_UlEgNQ&feature=user

Gotcha!

[Big Bully]

I'd suggest the use of the photo to as a point to introduce yourself to those organizations. Ask for credit and say you got/get get more. Show them your passion- and in the future, when you give something away, make sure the person you are giving it to as a clear understanding of what you are giving them. Really, the person you gave the shot to as a gift is the one who has put you in this situation.

Yeah I know they put me in this situation. I am just not sure how to handle it. I took the photos for them for the event, but I didn't give them the rights to it or any of the other photos that I took.

[Big Bully]

Gotcha!

I knew you would. I hope that helped.

[skieur]

The situation happens extremely frequently where an excellent shot is given away to a friend and it ends up being given away or sold to a third party and then used in a magazine or other pro forum without any credit or remuneration to the original photographer.

Legal judgements are based on whether the original photographer gave away his/her rights when he/she gave away the original photo. (Note selling a photo and giving it away are obviously different.) Some judges have ruled that this is indeed the case if there has been no verbal or written understanding to the contrary.

Bottom line to everyone: Be VERY CAREFUL about giving away your shots, even to your friends.

skieur

[Big Bully]

So should I put some sort of stamp or something on my photos so no matter what I can get credit for the photo taken/used?

[craig]

You are in a tough spot that is fully you and your friends fault. If you had concerns about the photo they should have been expressed before handing it over. Your friend should have been a little more discreet before sending off the photo without your permission. At this point all you can do is try and make the best of it by following the above suggestions. I would not threaten to sue or what ever. You do not want to bite the hand that could potentially feed.

Love & Bass

[~Stella~]

Hypothetically, if you sued, they could bring your friend into the legal action, thus making a huge mess of your friendship and his finances. Just something to be aware of.

[skieur]

So should I put some sort of stamp or something on my photos so no matter what I can get credit for the photo taken/used?

A copyright notice at the bottom right hand side of the image that is not too large is a good idea. Yes, it can easily be removed but removing it cofirms blatant copyright violation and results in larger damages in court.
You can also include in the photo info. under author the appropriate info. as well and again if it is removed it also confirms copyright violation.

Also your friend is unlikely to remove the copyright or author info., so it becomes easier to take up the issue directly with the end user who had to have seen it.

skieur

[Village Idiot]

And don't go jumping down any organization's throat about this. The person that you took the picture probably told them it was ok for them to use it and that's good enough for them. Going of at those guys won't do anything good for you.

Talk to them, tell them it's your photo and your friend mistakenly gave permission for them to use it. If they like, you could work out a deal to provide something like a one year non exclusive license for their use only. Charge them what they think is fair. I mean, they're using it to promote themselves and to increase their revenue, why should you just get a by line with your name on it. I'm sure they'll be reasonable about compensation. If not, you're not losing anything. Getting a photo credit will do nothing for you 9 times out of 10.

As for your friend, just tell them that you gave them the photo for personal use and that you could be making money off of it. I'd go to them after I went to the organization and if you have and agreeable outcome with the deisel folks, you can tell them what happened, what they did wrong, but thank them for putting you in a position to score some cash and that there's no hard feelings as long as they don't do it again.

It's not a good reason to ruin a friendship because they didn't realize you were serious about your hobby.

[Big Bully]

Well I talked to my friend and he had totally forgotten that I had taken the photo. So I asked him if the next time he uses one of my photo's to at least tell whoever who took the photo. My friend is really big on having people know who he is and what he does, so it wasn't a hard case to sell. So I guess I will see what happens.

[Big Bully]

You are in a tough spot that is fully you and your friends fault. If you had concerns about the photo they should have been expressed before handing it over. Your friend should have been a little more discreet before sending off the photo without your permission. At this point all you can do is try and make the best of it by following the above suggestions. I would not threaten to sue or what ever. You do not want to bite the hand that could potentially feed.

Love & Bass

I gave the photo to my friend because I thought he wanted it for personal use, I had no idea he was going to use it for self promotion and promo's for other organizations.

[Iron Flatline]

Good thing global climate change is just a liberal myth! Otherwise I'd worry about all that exhaust.

...oh, still no sarcasm smiley...

Let your friend know this is how you make a living, and that it is common error for non-photographers to make - they use images iwhtout realizing it is actually work that should be compensated. Tell him all your forum member friends are screaming for blood, but that you think a simple conversation, and credit in future publications, is all you're really interested in. I would then also negotiate with the organizers for press access for two years. Then you can take pictures, and sell prints or rights to those images. This could be an interesting "in" to sport that will hopefully be replaced soon by something a little more environmentally considerate.

Wooohooo!!

[Big Bully]

Good thing global climate change is just a liberal myth! Otherwise I'd worry about all that exhaust.

...oh, still no sarcasm smiley...

Let your friend know this is how you make a living, and that it is common error for non-photographers to make - they use images iwhtout realizing it is actually work that should be compensated. Tell him all your forum member friends are screaming for blood, but that you think a simple conversation, and credit in future publications, is all you're really interested in. I would then also negotiate with the organizers for press access for two years. Then you can take pictures, and sell prints or rights to those images. This could be an interesting "in" to sport that will hopefully be replaced soon by something a little more environmentally considerate.

Wooohooo!!

Well after I had my converstation with my friend I saw him on Saturday and he still talked to me, sooo I don't think I hurt his feelings too bad. But nothing was said about the pictures on saturday. But now he knows that the picture above is my picture. Hopefully he will remember it for the future.

And eco considerate sports are no fun.. lol