Copyright / Photo Credit -- Advice

[KmH]

On occasion commercial use is indeed credited, and with a small local company, negotiating credit is more possible than if dealing with a large corporation.

While credit has very little value that little value would constitute pay for usage.
After all, the image in question is not being used in a way one would consider a use to help generate sales.

To me it is mostly important to establish with the client and the company she works for that the photographer's business is aware of the unauthorized use of their copyrighted image, and that some type of remedial action on their part is required.
I would require the image be taken down.

The situation was fomented by the client's ignorance of the contract terms with the photographer.
I take it the OP has already spoken to the client since the OP seems to know the client gave the image to the company?
The more I think about it the more I think the photography business needs to contact the client and that the client should tell the company she works for that the company has to take the image down. Leave it up to the client to tell or not tell the company why
If the client balks at doing that, then the photographer would contact the company directly.

 

[Jeff G]

I'm way out of my league here, but if you set a precedence of not protecting your contracts and or copyrited materials, later on if you need to challenge someone in court couldn't your lack of enforcement in previous instances be used against you?

 

[john.margetts]

I'm way out of my league here, but if you set a precedence of not protecting your contracts and or copyrited materials, later on if you need to challenge someone in court couldn't your lack of enforcement in previous instances be used against you?

I wouldn't have thought so. Such a defence would be on the lines of "other people steal from this chap so it is fine if I steal from him as well." Of course, in the end it will depend on where you are. I am quite sure it would not wash in England.

Sent from my 8070 using Tapatalk

 

[Christie Photo]

... later on if you need to challenge someone in court couldn't your lack of enforcement in previous instances be used against you?

I don't think so. That's a bit like saying if a woman says "yes" once, then she cannot be raped.

-Pete

 

[Jeff G]

Sometimes our legal system makes no sense. Not much point in having contracts if they are ignored.

 

[Jeff G]

Sometimes our legal system defies logic. I have to wonder what is the point of having a contract if it is to be ignored.

 

[Dave442]

I would think that your "formal client" is a good potential reference for future work and the business that is using the image is a potential client.

For anything related to obtaining compensation from the use of the image I would run though an attorney and have them make any request if the consultation indicates that as the preferred course of action.