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someone selling my pics without my permission


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#1 marinedomain

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Posted 20 February 2009 - 10:18 PM

I have the problem of a underwater photo company, selling my pictures in one of there " buy x number of your pictures and we will included this cd for free" deals. Of the 30 pics on the cd 25 are mine. I noticed this when i went on a dive on the boat about 2 years ago, and nicely asked them to remove them, they were very apologetic and said they would remove all the pictures I identified. I went for another dive on the boat the other week and found that not only were a large number of the original pictures still there but they now had new ones of mine on there cd.
I decided enough is enough and sent them a bill for the images, I have heard nothing back. What is the best thing to do now, I am rather annoyed about this and don't want them to get away with it, they would be selling 20-30 of these cd a day!!! and have been for the last 2 years

Any advise would be appreciated



Regards
Gary

Edited by marinedomain, 20 February 2009 - 10:19 PM.

Gary Brennand - www.garlin-photography.com

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#2 photovan

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Posted 20 February 2009 - 10:26 PM

How did they get them in the first place.... and how did they get the more recent ones?

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#3 marinedomain

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Posted 20 February 2009 - 10:31 PM

I'm not sure, that is a mystery.
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#4 photovan

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Posted 20 February 2009 - 11:27 PM

I'm not sure, that is a mystery.

Did you ever sell CD's of your work that they could have copied from?

Darren Jew  |  Australia  |  darrenjew.com  |  fotofrenzy.com.au

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#5 marinedomain

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Posted 20 February 2009 - 11:30 PM

Only given some to friends, but not sure how they would have gotten any from them
Gary Brennand - www.garlin-photography.com

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#6 JimSwims

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Posted 21 February 2009 - 05:04 AM

Hi Gary,

seems like despite the fact you have already given them a chance they are asking you to take firm action. I'm no fan of
litigation but I think an official legal document demanding a cessation of unauthorized use/sale of your images and an adequate
compensation for sales of your product is in order. Are these images that are on your website as well? Certainly won't be hard
for you to prove that they are your property. Did the discs that you had shared with your friends have your copyright on the images?

Who is it? Name and shame!


Cheers,
Jim.

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#7 philsokol

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Posted 21 February 2009 - 07:32 AM

As a recovering lawyer, I agree whole-heartedly with Jim. You tried the nice route already. Time for a "nasty-gram" on attorney letterhead.

Phil

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#8 AengusM

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Posted 05 March 2009 - 03:08 AM

Hi Gary,

couple of Australian links that may help,
http://www.visualart...tinglegaladvice
and specifically
http://www.artslawqld.org.au/

I reckon they will start by echo'ing Jim's advise to send a document demanding a cessation of unauthorized use and sale and after that it will be a bargaining job for compensation or else a major legal bill.

Also interested to know who it is.

Good luck!

Aengus

Edited by AengusM, 05 March 2009 - 03:11 AM.


#9 pmooney

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Posted 05 March 2009 - 03:41 AM

I have the problem of a underwater photo company, selling my pictures in one of there " buy x number of your pictures and we will included this cd for free" deals. Of the 30 pics on the cd 25 are mine. I noticed this when i went on a dive on the boat about 2 years ago, and nicely asked them to remove them, they were very apologetic and said they would remove all the pictures I identified. I went for another dive on the boat the other week and found that not only were a large number of the original pictures still there but they now had new ones of mine on there cd.
I decided enough is enough and sent them a bill for the images, I have heard nothing back. What is the best thing to do now, I am rather annoyed about this and don't want them to get away with it, they would be selling 20-30 of these cd a day!!! and have been for the last 2 years

Any advise would be appreciated



Regards
Gary


Gary ,
Let me play Devils advocate here :P
Were any of the photo's you mention taken while you were working for the company in question ?
( for the record - it's not me or any of my companies )

#10 marinedomain

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Posted 07 March 2009 - 01:23 AM

Hi Pete,
Took most of the ones in question overseas and down at the Yongala, while on holidays.

There are a couple that I took when I was doing contract work (I was not an employee and was contracted to take passenger photos, not animal/fish ones) using a rented camera. So the copyright on these also belongs to me.


Aengus, thanks for the links, they will come in handy.

The situation at the moment is, I sent them an another invoice, via registered post, for the royalty free use of them, I have since been threaten by the people involved and told that they "will chew me up and spit me out" if I try to take it further. So its nasty time, a letter of demand goes out next week. It is a blatant violation of copyright, which is a criminal offense over here ( the art law society is a good place for free advise), I have nothing to loose.


Regards
Gary

Edited by marinedomain, 07 March 2009 - 01:42 AM.

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#11 stewsmith

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Posted 07 March 2009 - 08:38 AM

The situation at the moment is, I sent them an another invoice, via registered post, for the royalty free use of them, I have since been threaten by the people involved and told that they "will chew me up and spit me out" if I try to take it further. Gary


good luck, try and get evidence of this kind of threat also, just ib case.

stew

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