HELP! Photo used without permission and pay by company

[tirediron]

I very much doubt that your website is in the public domain. To echo others, get another lawyer!

 

[CAP]

Well every thing is in binary when you go far enough and my photo of your photos one and zeros are not the same so mine is different there for not yours.

 

[manaheim]

Your lawyer being your best friend is a detriment to his credibility- not a booster for it. Not because of anything you or your friend did, but "best friend" is not a credential for excellence in anything except friendship, and stating it as one kind of diminishes my impression of your judgment.

Your friend may be right... but I kind of doubt it. The entire world would be reselling images that they don't own. There would be websites up all over the place selling these images.

 

[CAP]

Your lawyer being your best friend is a detriment to his credibility- not a booster for it. Not because of anything you or your friend did, but "best friend" is not a credential for excellence in anything except friendship, and stating it as one kind of diminishes my impression of your judgment.

Your friend may be right... but I kind of doubt it. The entire world would be reselling images that they don't own. There would be websites up all over the place selling these images.

I am with you mana on this one. There are so many angles this topic could be argued from so i will leave it at that.

 

[manaheim]

Worthwhile read from the NY Times on the topic.

http://bucks.blogs.nytimes.com/2010...hotograph-artwork/?_php=true&_type=blogs&_r=0

 

[astroNikon]

Wow. Why'd I bother buying a camera. I could have the best images *ever* just by doing a screen capture.


But for the OP ???
get a lawyer
or chat with them first becz they have had pre-existing contractual terms on former sales. Kinda blatant though posting it as the main image on their website.


they probably did an iPhone screen snapshot .... (or someone else did and gave it/sold it to them). So I would kindly ask them where they got the photo first ...
http://
static.squarespace.com/static/520ac1fee4b021ed6a298f8b/t/5370ebf5e4b0edb14ea86d2b/1399909374350/HEALEY%20FALTER%20WEB33.png

I did a screen snap shot too .. so now it's mine


btw, that's an awesome picture :thumbsup:

 

[KmH]

They might be using a loop hole that i have ran into many times.


For instance if one where to take a screen shot of a copyrighted image using the Print Screen and paste into paint and then upload the image well once you have screen shoted the image you now own it.

um no, thats not how copyright works.

I consulted my lawyer on that and taking a screen shot is the same as if i where to take a picture of my laptop screen with your image on it using my camera.

His comment was that once i have captured it is no longer a original and there for not copyrighted.

I wish you where right but not according to my lawyer.

When you photography a statue or monument, or even a painting at a museum or other photographers work, you are, in fact, creating a derivative work of copyrighted material, which is legal.

You might want to look for a new attorney. One who knows what they are taking about, or is better at explaining how copyright pertains to derivatives to you.

http://copyright.gov/circs/circ14.pdf
To be copyrightable, a derivative work must incorporate some or all of a
preexisting “work” and add new original copyrightable authorship to that work.

Shepard Fairy got bad legal advice too and found out the hard way.
Barack Obama "Hope" poster - Wikipedia, the free encyclopedia
Fairly has made a habit of it too. To the point his attorneys fired him as a client.
Shepard Fairey - Wikipedia, the free encyclopedia

 

[robbins.photo]

I very much doubt that your website is in the public domain. To echo others, get another lawyer!

Ok, but we don't really need a lawyer. We could use a rabid weasel, however. They are not as easy to come by as you might think. I checked Costco already, wouldn't you know it, sold out.

 

[manaheim]

To the OP... if you've done business before with them, I would go in assuming it's an honest mistake (as robbins suggested). Ping them and say "Hey, I noticed you're using one of my images on your main site. That's awesome. Would you like me to give you a quote for use there? Are there any other places you'd like to use it? I can put all of that into the usage agreement."

If they respond back and say "Yeah, please do!", perfect. You've kept a customer happy, very gently pointed out to them their little miss, and get a few bucks in the process. If they respond back and say "No!", then you have a very reasonable way to say "Oh. Well, that's totally fine and I understand, but I hope you'll understand that I'd need you to stop using the image if you don't want to license it."

If THAT doesn't go well... THEN you consult a lawyer. I highly doubt, however, that it will go that far.

Trust me from being on the wrong end of this process... you never get anywhere by suing your customers.

 

[tirediron]

I very much doubt that your website is in the public domain. To echo others, get another lawyer!

Ok, but we don't really need a lawyer. We could use a rabid weasel, however. They are not as easy to come by as you might think. I checked Costco already, wouldn't you know it, sold out.

Did you check the ferret aisle too?

 

[tirediron]

To the OP... if you've done business before with them, I would go in assuming it's an honest mistake (as robbins suggested). Ping them and say "Hey, I noticed you're using one of my images on your main site. That's awesome. Would you like me to give you a quote for use there? Are there any other places you'd like to use it? I can put all of that into the usage agreement."

If they respond back and say "Yeah, please do!", perfect. You've kept a customer happy, very gently pointed out to them their little miss, and get a few bucks in the process. If they respond back and say "No!", then you have a very reasonable way to say "Oh. Well, that's totally fine and I understand, but I hope you'll understand that I'd need you to stop using the image if you don't want to license it."

If THAT doesn't go well... THEN you consult a lawyer. I highly doubt, however, that it will go that far.

Trust me from being on the wrong end of this process... you never get anywhere by suing your customers.

Best advice so far!

 

[manaheim]

I just rock.

 

[D-B-J]

To the OP... if you've done business before with them, I would go in assuming it's an honest mistake (as robbins suggested). Ping them and say "Hey, I noticed you're using one of my images on your main site. That's awesome. Would you like me to give you a quote for use there? Are there any other places you'd like to use it? I can put all of that into the usage agreement."

If they respond back and say "Yeah, please do!", perfect. You've kept a customer happy, very gently pointed out to them their little miss, and get a few bucks in the process. If they respond back and say "No!", then you have a very reasonable way to say "Oh. Well, that's totally fine and I understand, but I hope you'll understand that I'd need you to stop using the image if you don't want to license it."

If THAT doesn't go well... THEN you consult a lawyer. I highly doubt, however, that it will go that far.

Trust me from being on the wrong end of this process... you never get anywhere by suing your customers.

Not that I've had much, or any, experience with this, but this seems like the best way of going about it. IF it was an honest mistake, you don't want to sue immediately and assume that they were trying to slight you.


To the OP, if it counts, it's a SWEEET image.

 

[robbins.photo]

I very much doubt that your website is in the public domain. To echo others, get another lawyer!

Ok, but we don't really need a lawyer. We could use a rabid weasel, however. They are not as easy to come by as you might think. I checked Costco already, wouldn't you know it, sold out.

Did you check the ferret aisle too?

Twice. All they had left was a Badger with the flu. I mean seriously. You can't half arse these things.. lol

 

[Braineack]

Here I thought cap was making fun of the Google maps "photographer"