Vented Frustrations!

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.

 

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

 

Diesel trucks have two main sports. We have sled pulling and drag racing. And the more horsepower you have, the cooler it is. lol

Here is an example of a diesel truck pulling. aka "the sport"

 

Gotcha!

 

Yeah I know they put me in this situation. I am just not sure how to handle it. I took the photos for them for the event, but I didn't give them the rights to it or any of the other photos that I took.

 

I knew you would. I hope that helped. :mrgreen:

 

The situation happens extremely frequently where an excellent shot is given away to a friend and it ends up being given away or sold to a third party and then used in a magazine or other pro forum without any credit or remuneration to the original photographer.

Legal judgements are based on whether the original photographer gave away his/her rights when he/she gave away the original photo. (Note selling a photo and giving it away are obviously different.) Some judges have ruled that this is indeed the case if there has been no verbal or written understanding to the contrary.

Bottom line to everyone: Be VERY CAREFUL about giving away your shots, even to your friends.

skieur

 

So should I put some sort of stamp or something on my photos so no matter what I can get credit for the photo taken/used?

 

You are in a tough spot that is fully you and your friends fault. If you had concerns about the photo they should have been expressed before handing it over. Your friend should have been a little more discreet before sending off the photo without your permission. At this point all you can do is try and make the best of it by following the above suggestions. I would not threaten to sue or what ever. You do not want to bite the hand that could potentially feed.

Love & Bass

 

Hypothetically, if you sued, they could bring your friend into the legal action, thus making a huge mess of your friendship and his finances. Just something to be aware of.

 

A copyright notice at the bottom right hand side of the image that is not too large is a good idea. Yes, it can easily be removed but removing it cofirms blatant copyright violation and results in larger damages in court.
You can also include in the photo info. under author the appropriate info. as well and again if it is removed it also confirms copyright violation.

Also your friend is unlikely to remove the copyright or author info., so it becomes easier to take up the issue directly with the end user who had to have seen it.

skieur