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diverdoug1

Liveaboard using picture without permission

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Got a mass e-mailing ad from a liveaboard company I use frequently. One of my photos I had entered in the weekly phot contest for guests showed up as on of the photos in the advertisement. I never signed a release for the photo (and norelease was implied by participating in the contest), and had subsequently sold the right s to the photo to another company. I called the liveaboard company, and they said that they would no longer use my photo, they said "most divers are flatered to have the photos in in the ad". I will keep using the liveaboard, but will not be submitting anymore photos for the contests. They funny thing is that they were using the photo to advertise one of their other less expensive- bargain basement sailboat livaboards (a bit misleading).

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I called the liveaboard company, and they said that they would no longer use my photo, they said "most divers are flatered to have the photos in in the ad".

 

That seems to be the common response these day. I wonder how many are ignorant of the law and how many are just blowing smoke when they get caught.

Our response should be: Don't flatter me - pay me.

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I was going to say write up an invoice and if they refused to pay contact a lawyer. People need to realize that photography is a trade. But then I thought live aboard = international. Which led me to thinking, how does copyright work when infringement happened in a 2nd or 3rd world country

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In 2007, I was flattered to have my photo published in the National Geographic Online (NGO) magazine, which they noted me as the photographer. However, NGO continued to use my photo to advertise their online magazine without even any recognition of me. I reviewed the agreement I signed to have my photo published in NGO magazine, and it states that NGO has the right to use your photo for any third party advertising without giving you compensation and/or recognition. Consequently, I will not be submitting any of my photos to NGO. Please read the fine print on any agreement before you sign or click to agree.

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(Apologies for blank post........finger trouble on the Iphone)

 

See my next post.....

Edited by decosnapper

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1. Chances are the country is a Berne Signatory. This means copyright protection should be roughly equal. Geographical location should never be considered a barrier to chasing an infringer.

2. Infringement should always equal financial penalty, otherwise there is no discouragement for future infringement of my, your, or someone elses work.

3. Flattery is great, we all like it. But flattery (publication) and money is much, much better - it means the ego is warmed and cash in the bank account ensures you can carry on doing more of the same.

4. If you find an organisation grabbing photo rights via a competition, please let everyone know so we can avoid them like the plague.

5. Read the terms of any submission carefully. Here in the UK the BBC take all rights forever, and you can find your image being used in whatever medium they see fit. There is no promise of a credit, and certainly no pay. Is your work really worth so little? If you are not happy, don't submit.

 

And at all times, use the Work For Free link in Autopsea's prior post.

Edited by decosnapper

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1. Chances are the country is a Berne Signatory. This means copyright protection should be roughly equal. Geographical location should never be considered a barrier to chasing an infringer.

2. Infringement should always equal financial penalty, otherwise there is no discouragement for future infringement of my, your, or someone elses work.

3. Flattery is great, we all like it. But flattery (publication) and money is much, much better - it means the ego is warmed and cash in the bank account ensures you can carry on doing more of the same.

4. If you find an organisation grabbing photo rights via a competition, please let everyone know so we can avoid them like the plague.

5. Read the terms of any submission carefully. Here in the UK the BBC take all rights forever, and you can find your image being used in whatever medium they see fit. There is no promise of a credit, and certainly no pay. Is your work really worth so little? If you are not happy, don't submit.

 

And at all times, use the Work For Free link in Autopsea's prior post.

 

This liveaboard is based i Nassau, Bahamas. Since the ad was a mass e-mailing, and did not re-occur, I did not press the matter. Since I had already sold the rights to the photo to another party, I am not sure if it is even my place to press the issue, I just told the company to stop using my photos, and left it at that. I just want to maintain my integrity, by not knowingly letting someone use a photo that I already have sold the rights to.

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This liveaboard is based i Nassau, Bahamas. Since the ad was a mass e-mailing, and did not re-occur, I did not press the matter. Since I had already sold the rights to the photo to another party, I am not sure if it is even my place to press the issue, I just told the company to stop using my photos, and left it at that. I just want to maintain my integrity, by not knowingly letting someone use a photo that I already have sold the rights to.

 

No idea if the Bahamas is a Berne signatory, but that would not stop me pressing for fees. One site in New Zealand has a acknowledged infringement but think its OK to ignore the small matter of payment........I am a patient person and will use all steps necessary to make sure they cough up.

 

And if you have sold all the rights to the image then the rights holder may well be interested in recovering damages & fees. I would let them know, as any exclusivity is now no longer possible.

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@ kandace.

 

That's why it's a good idea to read the fine print before entering your photographs in a competition (and it's why many pro photographers don't enter the photos).

 

A lot of photo contests are really 'rights grabs' that offer little in the way of compensation for the photographer, other than fleeting recognition and maybe a certificate or ribbon.

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