Interesting thing happened ...I think I was robbed?

ottor · Nov 6, 2014

Camera club had a showing at the local Art Center/Gallery - I had 8 photos displayed, and all for sale. We had a 'Meet the artists" reception and I was approached by a (very) elderly lady using a walker.. (80++ yrs old). She said that she loved the colors of this specific photo, and would be interested in purchasing it. She stated it would match her living room decor perfectly, but can't get it until her SSA comes in at the end of the month... Not a problem, and I ordered it from the lab.

10/30 I delivered it to her home.... a very cluttered, disorganized living room, and my first thought was "Eccentric".. She had me hang it on her wall, and commented how lovely it was, and then gave me a check for payment in full..... Then .... she turned into a raging lion of a business woman !! She stated that she had a website project and brochure project going for Physical Therapists, and my photograph will make a beautiful background for both ... She then whipped out her cell phone and showed me an image of my photo already on her phone, with all the logo's and type already designed. Apparently she showed up at the gallery and took a cell phone shot of my photograph, and used photoshop to design this brochure! She predicted that the brochures will reach over 10,000 therapists ... and the website is almost ready to go. Then, just as sudden, she thanked me for coming over and delivering the photo, turned around, and - using her walker - shuffled slowly off down the hall stating she had to take her medicine.

Did I just get 'drop kicked' by an old lady ??

R

Scatterbrained · Nov 6, 2014

SImple. When the website goes live send the webmaster a DMCA takedown notice.

She already showed you where it's going to be, and she certainly didn't pay for it.

astroNikon · Nov 6, 2014

==> What is a DMCA Takedown? - DMCA.com

Nevermore1 · Nov 6, 2014

That will work for the website but do nothing for all the brochures she's getting printed up. Unfortunately this may require a meeting with a lawyer to have them draft up a cease and desist letter.

jsecordphoto · Nov 6, 2014

Why didn't you say something immediately? Something like, "looks great! That'll be $500 for the license of that photo, just add it to this check".

vintagesnaps · Nov 6, 2014

You said the site is something for therapists? Is it something that she might see as a charitable or medical purpose that she may not see as business or commercial?

I'd contact the gallery, I would expect that taking photos of artwork would be prohibited or restricted (but I imagine maybe not so easy to enforce with people taking pictures with their phones). I would let them know what happened since your work was on display there. There should be some agreement when you display your work about what the gallery does to protect art work while in their possesion, that the photographer is agreeing for example that photos of the display may be on the gallery's website or social media pages etc., and what the artist is responsible for (insurance for shipping or display etc.).

I'd probably contact her to discuss that she purchased a print but that photographers license use of their photos for other purposes, and a contract is used to specify usage. You could send her a link (or print out info. to provide to her) from a site like ASMP that explains licensing.

I'd find out more about who she's doing this for...??? That might be who you need to go thru for licensing, I'm not sure why she'd be doing a brochure for a group of therapists. (Or why they'd use some little old lady's cell phone picture of someone else's photo - could she be submitting her cell photo to them thinking she's helping them out? maybe it's someplace where she's gone for therapy or medical treatment??)

sm4him · Nov 6, 2014

Just. WOW.

I'll let others handle the advice on this one. I'm just…Wow.

I hope that when I'm that age, I am just as feisty as her, but with more of my morals still intact.

Light Guru · Nov 6, 2014

jsecordphoto said:
Why didn't you say something immediately? Something like, "looks great! That'll be $500 for the license of that photo, just add it to this check".

^^^^^THAT^^^^^

The fact that you said nothing to her about her needing to pay to use the image like that means that you told her you are ok with what she did.

Gary A. · Nov 6, 2014

Light Guru said:
jsecordphoto said:

Why didn't you say something immediately? Something like, "looks great! That'll be $500 for the license of that photo, just add it to this check".

Click to expand...

^^^^^THAT^^^^^

The fact that you said nothing to her about her needing to pay to use the image like that means that you told her you are ok with what she did.

Legally, that is not true at all, at least in the United States. You still retain all legal remedies and protections ... just as long as you didn't agree/approve to her commercial usage of the image.

Is it worth it to pursue this through the courts ... that's your call. For me, it is probably not worth the effort. But we are all different.

Light Guru · Nov 6, 2014

I never said anything about legal stuff.
I said.

Light Guru said:
The fact that you said nothing to her about her needing to pay to use the image like that means that you told her you are ok with what she did.

By not saying anything right away your practically saying that you don't care that she stole your image and is using it for commercial use.

The_Traveler · Nov 6, 2014

Send registered letter immediately from attorney stating that her purchase of a print does not license use of the image for anything else.
Friendly but clear.
Give her the path to negotiate and purchase use license.

Gary A. · Nov 6, 2014

Light Guru said:
I never said anything about legal stuff.
I said.

Light Guru said:

The fact that you said nothing to her about her needing to pay to use the image like that means that you told her you are ok with what she did.

Click to expand...

By not saying anything right away your practically saying that you don't care that she stole your image and is using it for commercial use.

*sigh* Again wrong. Not saying anything does not condone or even suggests that "you don't care that she stole your image and is using it for commercial use". Not saying anything only implies that you didn't say anything. Not saying anything neither approves or disapproves of what the other party said. Not saying anything ... is actually ... not saying anything.

jsecordphoto · Nov 6, 2014

yeah, when I said you should've said something immediately, I didn't mean that because you didn't you're now SOL. I just don't understand why you wouldn't immediately speak up. I would've had a hard time not laughing in her face to be honest

Light Guru · Nov 6, 2014

Gary A. said:
Light Guru said:

I never said anything about legal stuff.
I said.

Light Guru said:

The fact that you said nothing to her about her needing to pay to use the image like that means that you told her you are ok with what she did.

Click to expand...

By not saying anything right away your practically saying that you don't care that she stole your image and is using it for commercial use.

Click to expand...

*sigh* Again wrong. Not saying anything does not condone or even suggests that "you don't care that she stole your image and is using it for commercial use". Not saying anything only implies that you didn't say anything. Not saying anything neither approves or disapproves of what the other party said. Not saying anything ... is actually ... not saying anything.

I disagree. How is the person supposed to know they can't do things like that if you don't say something.

Light Guru · Nov 6, 2014

jsecordphoto said:
yeah, when I said you should've said something immediately, I didn't mean that because you didn't you're now SOL. I just don't understand why you wouldn't immediately speak up. I would've had a hard time not laughing in her face to be honest

I don't get why the person would not say anything ether. It seams really odd.