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What to charge when a Business is using your photo without permission?

Image Theft

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#1 shark8matt

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Posted 22 July 2013 - 08:21 AM

Hey all -

 

  I recently found out that a large business who runs ferry cruises was using a photo of mine to promote their nature excursions.  They actually have the photo next to the excursion package in their checkout process.  I never licensed this photo to the company and there is no credit anywhere.  Furthermore, I have a strong issue with this company, as they participated in very enviromentally destructive work in the past.  I want to send them a bill for using my photo to directly profit and a DCMA notice.  I don't know what an appropriate amount to bill them is and since I am pretty fired up about it - I would welcome some calm, cool advice.  Also - I would love any general advice from anyone who has dealt with this type of problem before...Thank you...

 

   - Matt


Matthew D. Potenski

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#2 Drew

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Posted 23 July 2013 - 12:23 AM

How long has it been up there?  If you don't know, ask someone to ask them on the pretense of wanting to buy or license the pic.  If you know how long it's been there, then you know how much to charge.  I'd triple the fee for damages.  There are online copyright lawyers who will do it for you as well. Do a search in the forums.
Website licensing is pretty much pitiful if you go by Alamy/Getty pricing.  If this is a special shot, then charge exorbitantly.  They'll try to negotiate anyhow.  I would also save the website now before you approach them. Take a screen shot etc. Good luck.


Drew
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"Journalism is what someone else does not want printed, everything else is public relations."

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