Vented Frustrations!

Discussion in 'Photographic Discussions' started by Big Bully, Jun 12, 2008.

  1. Big Bully

    Big Bully TPF Noob!

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    Ok so I have a problem, I think...
    I took a photo of a friend while he was sled pulling with his truck and gave it to him as a gift. Just because it was of him and the photo was really cool. (photo below) Well now different organizations are using that photo for promotions, but not giving me any credit for the photo. What can I do? I am not sure whether to be happy and think of it as a compliment that they are using my photo or pissed that they are using it and not giving me any credit for the photo.:confused: Any thoughts or ideas of how to handle the situtation?
    [​IMG]
     
  2. Mike_E

    Mike_E No longer a newbie, moving up!

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    Nice shot!

    You could send them a bill for $2500 on your letterhead and point out the copywrite laws -chapter and verse- and point out that if it goes to court it starts to get really expensive. After that you could tell them that you are willing to listen to a counter offer.

    Good luck
     
  3. Overread

    Overread has a hat around here somewhere Staff Member Supporting Member

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    Yes - remember even though you gave it to your friend there was no contract or anything signed that handed over the rights of the photo to him - so the rights are still yours and they (the organisations) have to get your permission to use the photo before they use it.
    You might have grounds to sue here, but I would want to avoid that - instead I would try to resolve the issue in a positive light as this might be the startings of a good relationship with some of the companies and you might get some good money off future dealings

    edit - out of interest I think your friend needs his exhaust checking ;)
     
  4. Socrates

    Socrates TPF Noob!

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    No need to begin with a threat. Why not start with a pleasant conversation about the error on their part. You can always threaten legal action if pleasantries fail.

    By the way, it is a neat shot.
     
  5. Socrates

    Socrates TPF Noob!

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    Yeah but then the shot wouldn't be as impressive!
     
  6. Big Bully

    Big Bully TPF Noob!

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    So you think that I could/should go to the pulling organizations and tell them that some of the pictures they are using on their posters are mine and we need to work out some sort of deal or something? Do you think I will have to have proof that they are my images?
     
  7. Big Bully

    Big Bully TPF Noob!

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    Oh no no no.. No exhaust problems here. That is a diesel truck and they are producing high power and with high power comes black smoke. :D
     
  8. Overread

    Overread has a hat around here somewhere Staff Member Supporting Member

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    Do you have the origianal copies of the shot - unedited preferably?
    That should be enough to prove ownership = along with the camera and kit you used to take the shot.
    After that the only other contendor for owning the shot is your friend - who most likey did not realise it was a mistake to hand on the shot in the first place - besides he will have a hard time claiming that the shot is his when he is driving at the time it was taken ;) (not that he/she will make any such claim)

    So you should have all the evidence you need
     
  9. Mike_E

    Mike_E No longer a newbie, moving up!

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    Backing up a little might be of benefit here. What exactly do you want for the photos?
     
  10. Socrates

    Socrates TPF Noob!

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    That's my opinion.

    Regarding proof...
    I'm no legal expert but the Exif data includes the file number and it would be fairly easy to demonstrate that that number was assigned by your camera because the numbers are sequential and you have the handful of files both before and after that particular shot.
     
  11. Big Bully

    Big Bully TPF Noob!

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    Credit for taking them would be nice. I don't really expect to get compensation unless I take more photos of an event that we are doing. But for people to know that the photos were mine and to see that I am a good diesel sport photographer would be great.
     
  12. Socrates

    Socrates TPF Noob!

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    They'd be fools not to agree to that.

    Diesel's a sport?
     

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