Vented Frustrations!

[Big Bully]

Ok so I have a problem, I think...
I took a photo of a friend while he was sled pulling with his truck and gave it to him as a gift. Just because it was of him and the photo was really cool. (photo below) Well now different organizations are using that photo for promotions, but not giving me any credit for the photo. What can I do? I am not sure whether to be happy and think of it as a compliment that they are using my photo or pissed that they are using it and not giving me any credit for the photo. Any thoughts or ideas of how to handle the situtation?

 

[Mike_E]

Nice shot!

You could send them a bill for $2500 on your letterhead and point out the copywrite laws -chapter and verse- and point out that if it goes to court it starts to get really expensive. After that you could tell them that you are willing to listen to a counter offer.

Good luck

 

[Overread]

Yes - remember even though you gave it to your friend there was no contract or anything signed that handed over the rights of the photo to him - so the rights are still yours and they (the organisations) have to get your permission to use the photo before they use it.
You might have grounds to sue here, but I would want to avoid that - instead I would try to resolve the issue in a positive light as this might be the startings of a good relationship with some of the companies and you might get some good money off future dealings

edit - out of interest I think your friend needs his exhaust checking

 

[Socrates]

Nice shot!

You could send them a bill for $2500 on your letterhead and point out the copywrite laws -chapter and verse- and point out that if it goes to court it starts to get really expensive. After that you could tell them that you are willing to listen to a counter offer.

Good luck

No need to begin with a threat. Why not start with a pleasant conversation about the error on their part. You can always threaten legal action if pleasantries fail.

By the way, it is a neat shot.

 

[Socrates]

edit - out of interest I think your friend needs his exhaust checking

Yeah but then the shot wouldn't be as impressive!

 

[Big Bully]

So you think that I could/should go to the pulling organizations and tell them that some of the pictures they are using on their posters are mine and we need to work out some sort of deal or something? Do you think I will have to have proof that they are my images?

 

[Big Bully]

Oh no no no.. No exhaust problems here. That is a diesel truck and they are producing high power and with high power comes black smoke.

 

[Overread]

Do you have the origianal copies of the shot - unedited preferably?
That should be enough to prove ownership = along with the camera and kit you used to take the shot.
After that the only other contendor for owning the shot is your friend - who most likey did not realise it was a mistake to hand on the shot in the first place - besides he will have a hard time claiming that the shot is his when he is driving at the time it was taken (not that he/she will make any such claim)

So you should have all the evidence you need

 

[Mike_E]

Backing up a little might be of benefit here. What exactly do you want for the photos?

 

[Socrates]

So you think that I could/should go to the pulling organizations and tell them that some of the pictures they are using on their posters are mine and we need to work out some sort of deal or something? Do you think I will have to have proof that they are my images?

That's my opinion.

Regarding proof...
I'm no legal expert but the Exif data includes the file number and it would be fairly easy to demonstrate that that number was assigned by your camera because the numbers are sequential and you have the handful of files both before and after that particular shot.

 

[Big Bully]

Credit for taking them would be nice. I don't really expect to get compensation unless I take more photos of an event that we are doing. But for people to know that the photos were mine and to see that I am a good diesel sport photographer would be great.

 

[Socrates]

Credit for taking them would be nice. I don't really expect to get compensation unless I take more photos of an event that we are doing. But for people to know that the photos were mine and to see that I am a good diesel sport photographer would be great.

They'd be fools not to agree to that.

Diesel's a sport?

 

[abraxas]

Credit for taking them would be nice. I don't really expect to get compensation unless I take more photos of an event that we are doing. But for people to know that the photos were mine and to see that I am a good diesel sport photographer would be great.

I'd suggest the use of the photo to as a point to introduce yourself to those organizations. Ask for credit and say you got/get get more. Show them your passion- and in the future, when you give something away, make sure the person you are giving it to as a clear understanding of what you are giving them. Really, the person you gave the shot to as a gift is the one who has put you in this situation.

 

[Big Bully]

Ok so I have the proof if I need it. Thats all good. I am trying to find a delicate way to inform my friend that he should have asked me before he handed over the photos.. I'm not a delicate person, so I'm not sure how to do that either.. lol

 

[Overread]

Agreed - they should have not problems with acknowledging you as the photographer
As for your friend - well he/she probably saw nothing wrong with handing over the photo to others and so is not out to take advantage of you so I would remember that and just say that in future, he/she should get your permission before giving your work to others,

Also a way of covering yourself from this in the future would be to have your name (and a possible contact - email) printed on the back of all your photos along with the copywrite symbol. This way the photos are marked as yours without distracting from the front of the shot.