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tkelly

Member Since 11 Jun 2009
Offline Last Active Aug 09 2012 09:13 PM
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Posts I've Made

In Topic: Email a pic to a friend and they publish it commercially

27 June 2009 - 10:48 AM

Your right in the photo, the "copyright" is an implied right. They can't gain a right to use your work without you express consent. As with any law, there are exceptions. Most notably the right to make a 'fair use' of the work. What is a fair use is determined by the nature of the work, the nature of how the person is using the work, the subtantiallity of the work (meaning are they using a subsection of the work or the whole thing ), and the effect their use will have on your ability to make money.
Here, the work is your photo which they are displaying in it's entirety for their own commercial gain without compensation or permission. In essence they are taking a sale away from you. My opinion is that they are stealing you intellectual property, and that seems rather cut and dry. You should talk to an attorney who can help you solidify and enforce your rights to the extent you which or the extent possible under the law. The real question becomes, what outcome are you looking for?

A similar thing happend to me a few years ago. I was on a dive with young film maker. We exchanged pictures a few days after the dive. Two years went by and we met up on the same boat doing essentially the same dive. At the end of the dive everybody is exhanging cards and phone numbers so that they can share pictures later. In the crowd he was really hesitant to give me his buisness card, but he did. His buisness card was my photograph of him and I had no idea he had been using it! I never perused it but when you talk to people, such events are common.