Should I Be Upset About This?

[Hof8231]

So, a little back story. For 2 seasons, I worked as the Trenton Freedom (Professional Indoor Football League) photographer. This summer, after the season ended, the team folded. Upon agreement between myself and the team, they were entitled to use any photos of mine for non-monetary purposes of promotion, social media, etc. However, I and I alone own the photos and no one else.

Well, fast forward to now. I found this picture on the Facebook page of another football team in another league, who signed the Freedom's former quarterback:

This is the original, taken by me during pre-game intros at a Freedom game:

I was quite angry when I saw that post on their page. No credit was given and no contact was made to ask my permission to use my image. I know they're not profiting off of it and it's only for promotion, but it still pisses me off.

Am I right to be upset with this organization for doing this? Or do I have to get used to this kind of stuff? I have no problem with the players on the team I worked with editing my images and posting them on their pages, but I've never even met anybody in this organization.

 

[jake337]

I'm not sure but I'd sure be pissed at the **** post production!

 

[jaomul]

This is probably outside of use that you agreed so it is fair to be annoyed, did you have it in a contract

 

[robbins.photo]

So, a little back story. For 2 seasons, I worked as the Trenton Freedom (Professional Indoor Football League) photographer. This summer, after the season ended, the team folded. Upon agreement between myself and the team, they were entitled to use any photos of mine for non-monetary purposes of promotion, social media, etc. However, I and I alone own the photos and no one else.

Well, fast forward to now. I found this picture on the Facebook page of another football team in another league, who signed the Freedom's former quarterback:

View attachment 107396

This is the original, taken by me during pre-game intros at a Freedom game:

View attachment 107397

I was quite angry when I saw that post on their page. No credit was given and no contact was made to ask my permission to use my image. I know they're not profiting off of it and it's only for promotion, but it still pisses me off.

Am I right to be upset with this organization for doing this? Or do I have to get used to this kind of stuff? I have no problem with the players on the team I worked with editing my images and posting them on their pages, but I've never even met anybody in this organization.

Have you contacted them and asked for an explanation? Maybe that should be the first step here, contact them and ask where they got the image and did they realize that you own the copyright, and then go from there.

Give them a chance to respond and make it right first before going in guns blazing. You might just be pleasantly surprised by the results.

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[snowbear]

My gorilla friend has the idea - a civil inquiry to start things off might play out better. It looks like their "Contact us" page goes to the General Manager's office.
ASI Panthers Official Site

(source: Wikipedia)
Front Office

• Owner/CEO – Bill Mattis
• General Manager – Will Mattis
• Assistant General Manager – Tony Segura
• Media Relations – Mariana Boguski

 

[Ido]

Indeed, a friendly message requesting explanation is the best thing you can do as a first step.

To me, it looks like a violation of your agreement. You gave the the Trenton Freedom permission to use your photos, not the ASI Panthers.

 

[KenC]

Yep, contact them and ask nicely first. It's also important to know what you want going in - a photo credit, or for them to take down the photo, or to pay you, or some combination? If you're clear on this it will go much better.

 

[Designer]

"Should I Be Upset About This?"

You should address this, but whether you get upset or not will be up to you.

 

[Buckster]

I never contact the entity violating my copyright when I find them, as it tends to weaken my attorney's negotiating position. Instead, I send copies of all relevant documents and information, such as my contract, my copyright certificate for that photo, the original photo, the infringement photo, and a link to the website page where it's being displayed to my attorney, and get paid.

I like money, and I like being paid for my work. But that's just me.

 

[Ido]

I never contact the entity violating my copyright when I find them, as it tends to weaken my attorney's negotiating position. Instead, I send copies of all relevant documents and information, such as my contract, my copyright certificate for that photo, the original photo, the infringement photo, and a link to the website page where it's being displayed to my attorney, and get paid.

I like money, and I like being paid for my work. But that's just me.

That’s all well and good, if the OP has an attorney to deal with that stuff.

 

[Buckster]

I never contact the entity violating my copyright when I find them, as it tends to weaken my attorney's negotiating position. Instead, I send copies of all relevant documents and information, such as my contract, my copyright certificate for that photo, the original photo, the infringement photo, and a link to the website page where it's being displayed to my attorney, and get paid.

I like money, and I like being paid for my work. But that's just me.

That’s all well and good, if the OP has an attorney to deal with that stuff.

I didn't have one the first time either. Guess what though? It's easy to GET ONE.

 

[robbins.photo]

I never contact the entity violating my copyright when I find them, as it tends to weaken my attorney's negotiating position. Instead, I send copies of all relevant documents and information, such as my contract, my copyright certificate for that photo, the original photo, the infringement photo, and a link to the website page where it's being displayed to my attorney, and get paid.

I like money, and I like being paid for my work. But that's just me.

That’s all well and good, if the OP has an attorney to deal with that stuff.

I didn't have one the first time either. Guess what though? It's easy to GET ONE.

Yup.. all it takes is a big bank account. Question is, is it worth it for the OP to spend that kind of money in this situation when odds are good a simple, free email will suffice in solving the issue at hand?

Guess that's up for the OP to decide.

 

[Buckster]

I never contact the entity violating my copyright when I find them, as it tends to weaken my attorney's negotiating position. Instead, I send copies of all relevant documents and information, such as my contract, my copyright certificate for that photo, the original photo, the infringement photo, and a link to the website page where it's being displayed to my attorney, and get paid.

I like money, and I like being paid for my work. But that's just me.

That’s all well and good, if the OP has an attorney to deal with that stuff.

I didn't have one the first time either. Guess what though? It's easy to GET ONE.

Yup.. all it takes is a big bank account. Question is, is it worth it for the OP to spend that kind of money in this situation when odds are good a simple, free email will suffice in solving the issue at hand?

Guess that's up for the OP to decide.

Actually, it doesn't take a big bank account. I pay nothing up front. I never have. Not once. My attorney gets half of whatever the settlement is, so he works to get as much for both of us as possible.

A copyright attorney worth their salt doesn't need money up front because they can look at a case and know right off the bat if it's worth taking, because it's usually pretty cut and dried. Here's how simple it is:

You are the copyright holder? Check.
You registered it with the copyright office? Check.
Somebody else used it without your permission? Check.
Letter from attorney to infringer: Pay the copyright holder this reasonable sum, or pay a LOT more if you make us take you all the way to Federal Court.

That's why they rarely ever actually go all the way to court, but get settled out of court instead, after some negotiation.

Done. Money in the bank.

Hey, if the OP wants to "solve the issue" by having them apologize, or credit him by putting his name in a caption under it, or take it down, that's his business.

But me? Yesterday another $1000.00 dropped into my PayPal account over another resolved infringement, no lie, no exaggeration. That takes me to over $5000.00 for the year so far on infringements alone.

But that's just me.

 

[robbins.photo]

So really as long as you're willing to sue anyone at the drop of a hat for what may have been simple miscommunication then your attorney makes money.

Check

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[The_Traveler]

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