I'm a published photographer..... sort of

[leighthal]

Found one of my photos used in an article without permission. What would you do? I wrote the publisher a quick scathing note against photo piracy. Part of me is quite flattered to be honest. I won't admit that to the publisher though. So, how would you react to this? Would you be flattered or mad as hell?

To protect freedom of speech, we need to do more than just reform our libel laws - The Commentator

 

[cgipson1]

I would have just sent a bill....

 

[cgipson1]

Of course, my next question would be "DID you go to the copyright office and actually copyright this image?" If not.. it is NOT copyrighted... and you are probably **** out of luck!

 

[leighthal]

I know I'm **** out of luck. I have no delusions to that. My quick note didn't mention copyright, just photo piracy. The article is over a year old, at this point it's a dead article (until I brought it back to life).

 

[The_Traveler]

Of course, my next question would be "DID you go to the copyright office and actually copyright this image?" If not.. it is NOT copyrighted... and you are probably **** out of luck!

A Guide to Copyright - Canadian Intellectual Property Office

2. Do I need to register the copyright in my work in order to be protected?2. Do I need to register the copyright in my work in order to be protected?
Registration is not required for protection in Canada. However, a certificate of registration of copyright is evidence that copyright exists and that the person registered is the owner of the copyright. Copyright exists automatically when an original work or other subject-matter is created, provided the conditions set out in the Copyright Act have been met.

 

[bentcountershaft]

I would have just sent a bill....

That's what Getty does, I have seen it first hand.

 

[limr]

Of course, my next question would be "DID you go to the copyright office and actually copyright this image?" If not.. it is NOT copyrighted... and you are probably **** out of luck!

A Guide to Copyright - Canadian Intellectual Property Office

2. Do I need to register the copyright in my work in order to be protected?2. Do I need to register the copyright in my work in order to be protected?
Registration is not required for protection in Canada. However, a certificate of registration of copyright is evidence that copyright exists and that the person registered is the owner of the copyright. Copyright exists automatically when an original work or other subject-matter is created, provided the conditions set out in the Copyright Act have been met.

^^^This.

Copyright is automatic. You automatically have the right to determine who can use the photo and how they can use it. If they use it without your permission, you can ask them to take it down or insist that they attribute (which is probably more in your interest.) What you can't do without registering the copyright is sue for statutory damages (money!) - at least in the U.S., and from what I understand, Canada's copyright laws have changed and are much more like the U.S. laws now.