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06/08/2005 09:37:34 AM · #1 |
About 6 months back a landscape architect contacted me for prints of an area they had worked on. The saw my work published in a local area guide put out by a newspaper I freelance for. The pictures were aerial and ground shots that I had to coordinate with various people on and it was fun and interesting assignment. Anyway, after a number of emails back and for; outlining various prices/per use, including selling the copyright, as well as, larger fees for digital copies with unlimited use(print) they purchased a few 8x10's for under $50. I recently went to their website and my pictures were all over a flash presentation detailing their work on the area. I never authorized them to publish the pictures on their site as I would've charged them significantly more. Additionally, they aren't even crediting me for the work (which I gave them as an option to decrease costs). Originally, I really tried to keep their prices down and only wanted to get my name out a bit more, but now I feel as if I've been insulted and taken advantage of. Any ideas on how I should handle this? |
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06/08/2005 09:42:32 AM · #2 |
Some of the time I think it's about education.. I had a scenario before Christmas where someone was buying a print of a shot, scanning it, and using it for 50 calendars. I pointed out that was infringing copyright, and the person didn't seem very happy. In the end I gave them a one-off freebie for those 50 calendars and a stern telling-off NOT to do it again.
I would try and make them aware what they're doing is outside of the law, and see if they're willing to reimburse you. At the very least it will educate them for next time.
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06/08/2005 10:06:57 AM · #3 |
Originally posted by ericsuth: About 6 months back a landscape architect contacted me for prints of an area they had worked on. The saw my work published in a local area guide put out by a newspaper I freelance for. The pictures were aerial and ground shots that I had to coordinate with various people on and it was fun and interesting assignment. Anyway, after a number of emails back and for; outlining various prices/per use, including selling the copyright, as well as, larger fees for digital copies with unlimited use(print) they purchased a few 8x10's for under $50. I recently went to their website and my pictures were all over a flash presentation detailing their work on the area. I never authorized them to publish the pictures on their site as I would've charged them significantly more. Additionally, they aren't even crediting me for the work (which I gave them as an option to decrease costs). Originally, I really tried to keep their prices down and only wanted to get my name out a bit more, but now I feel as if I've been insulted and taken advantage of. Any ideas on how I should handle this? |
Judge Judy
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06/08/2005 10:28:50 AM · #4 |
don't kid yourself- these people know that what they're doing is wrong. (In both cases!) Send them a bill for the extra use. Especially if you had talked about it...
You don't even have to be rude! Just professional... something like I'm so glad to see that you changed you mind and went for the website uses. I have included your bill in the enclosed envalope :0)
Be sure to put a time frame
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06/08/2005 10:43:13 AM · #5 |
Originally posted by oOWonderBreadOo: don't kid yourself- these people know that what they're doing is wrong. (In both cases!) Send them a bill for the extra use. Especially if you had talked about it...
You don't even have to be rude! Just professional... something like I'm so glad to see that you changed you mind and went for the website uses. I have included your bill in the enclosed envalope :0)
Be sure to put a time frame |
I think that's the best way to start out. I also suggest for future sales that you actually have people sign a bill of sale / contract that specifies the end use of the photo. The more detailed the better. If ever you get abused again, you have proof. And if they don't want to play ball by signing a detailed bill of sale / contract... screw 'em. Let them use someone elses stuff. NEVER undersell yourself.
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06/08/2005 11:23:11 AM · #6 |
I think it would be appropriate to contact them and "educate" them on what they are doing and ask for the appropriate level of compensation. Follow that with a bill detailing that level of compensation. I would do all of this via certified mail/return receipt in addition to any emails, phone calls, or personal interaction. If they still refuse to compensate you in a reasonable fashion then there are always the courts to handle such situations.
Mike |
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06/08/2005 11:25:36 AM · #7 |
Check this link and see if they have violated any of this.
//www.copyright.gov/title17/92chap5.html
If so they have violated Federal law. Thats a big no, no :-)
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