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I'm Published !!!! (But I didn't know about it !!!

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#1 onbelaydave



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Posted 30 August 2005 - 07:23 PM

Seems my photos are in a few brochures of a Caribbean travel agency. I ran into a friend yesterday who swore he recognized my photo on the cover of their new brochure.
Several years ago, the owner of the company saw one of my web photos and asked for a full rez copy. His terms were, cash up front for 1 image; or a trade deal to use multiple images as long as my name was on the photo, they asked permission first, and that all images used would go for a "trade" on my next trip. I sent a few more "teasers" to see if I could get my foot a little more firmly in their door and was thrilled when they "asked" to use them as a featured slide show for one of their resorts website's (w/accreditation) and one of my photo's was in the resorts printed brochure (again w/accreditation). Now, however, I've found out that they are using my images without accreditation or without prior notification to me. My friend is bringing by the printed brochure tomorrow, I already found one of my images on their new website w/o accreditation, thanks to his heads up.
My dilema, how hardlined should I get ? They are using images w/o my "notification" that they were going to use them. How many more have they printed up to take to trade shows ? The current photo on the web site has no accreditation while several of the other photo's have the other photogs' credits. After I see the brochure tomorrow, I'm going to see if my name is listed anywhere for the credits. If not, I think I need to get a little more hardlined when push comes to shove.
Working pro's what are my options ?

#2 acroporas


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Posted 30 August 2005 - 07:43 PM

First of all, one post was enough. No need to post it in 3 different places. No one forum gets more attention than another.

To answer your question.

Email them telling them that you noticed they were using your pictures and while you are thrilled to see your work in print and on the web, there was some sort of misunderstanding as to how you thought the pictures were going to be used.

Make no threats or demands. Don't send them a copy of your origional agreement as if they are stupid. Have a posative attitude. Sound like you have a smile on your face. If you are mad at them, dont let them know. If they sense aggression on your part they will tighten up and get mad back at you and you wont get a thing from them with out the assistance of a lawyer.

Wait for a response.

most likely they will respond with apologys and offer some sort of compensation on their own.

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#3 onbelaydave



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Posted 30 August 2005 - 08:25 PM

Well as it seems the mod has already deleted all of my other posts, I hope this board is as active as you say (last post July 5)

#4 Simon K.

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Posted 31 August 2005 - 12:29 AM

@acroporas tips was good IMHO at leats as first step.

What i would do:
1) Contact them in a friendly way and try to come to a conclusion you both are happy with.
2) If this doesn't work send them a Invoice for a "Backward Licensing" (because they are allready using it) this will be definitive more expensive than when they would have asked upfront. Be prepared that you have tu sue them to get your money. Maybe it would be wise to consult with a Laywer with experience in Intellectual Property Right before starting Step 2

#5 james


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Posted 31 August 2005 - 05:56 AM

I hope this board is as active as you say (last post July 5)

Well I certainly hope there isn't enough copyright infringement, fraud, and theft to keep this board active 24/7 like our other forums...

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#6 Cerianthus


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Posted 31 August 2005 - 07:40 AM

although I would agree to the friendly way it is generally viewed that forgetting photo-credit is especially bad, maybe even worse then not paying.

mention that youre trying to build a name in UW photography and that this is especially bad. If they still wont comply, you can allways start threathening later: mentioning their name in a bad way is not good publicity for them as well

(maybe you get a nice discount on your next trip :-)



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#7 fdog


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Posted 31 August 2005 - 08:38 AM

If I'm selling an image for advertising purposes, I can care less about a cutline, as long as I get paid.

Editorial use; that's a different story. <pouts and throws tantrum> Where's my cutline?

All the best, James

#8 Craig Ruaux

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Posted 31 August 2005 - 09:13 AM

Bad Craig, cross posting again ;)

I added a reply to your "why did the mods" thread that is more appropriate to this thread. Rather than reproduce it here, I'll just mention that it is there.

With all due respect to the somewhat more placatory suggestions in this thread, I strongly suggest that you go after these people agressively. This is a US based business, and they have flagrantly broken a US law that exists to protect us all, thus I suggest that you go at them to the full extent of that law (see my comments in your other thread).

This is what the copyright laws are there for, to protect us, the creators of creative material. Failure to exert the right granted to you merely weakens the public's perception of the importance of copyright, much in the same way that failure to defend a trademark can result in loss of trademark protection. They broke the law, flagrantly and deliberately. In the process they have generated a signficant trail of evidence (their brochures). Register the images RIGHT NOW by FedEx, get a couple of copies of the brochure, get a good estimate of how much would have been charged (I can help you there if you want to PM me with some details of their usage), multiply it by three (standard approach in a case like this where infringement has been noted) and present it to them. They have nowhere to go.
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