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04/30/2007 09:33:10 AM · #1 |
Hello all,
Was recommended this forum through a couple friends, looks like a great place. :)
I'll begin with the basics, I'm a semi-professional hobbyist photographer, have been published in 3 magazines and sold 3 prints total. I do mainly sports photography, focusing on automotive and mountain biking. I am based in Australia.
I have recently came across one of my photos on this website.
//www.gt90s-revival.com/
I did not authorize their use of my photo, I have never had any contact with this website prior to this and have not sold the copyright of this photograph to anyone, meaning (I hope) that it still belongs to me.
Now, I know that I should contact them, but I don't know how exactly to approach them. Who do I contact? The press officer? Should I keep record of my photo published on this website? Should I charge for the use of this photo, and if so, under what license and how much?
If anyone has a bit more idea of what I should write I would really appreciate your input, I am a bit in over my head here.
Secondly, another incident, the same basic outline as above, but this time in print. A photo of mine has been used one the cover of a something like a magazine or newsletter. I was told by a friend that they saw my photo on the cover, so I have not seen this item myself, but I know that I did not authorize the usage of my image for anything. How should I go about contacting them, using the same principle as above, or would certain aspects change as my photo has already been published and distributed and because it's print?
Any help would be greatly appreciated, as I said I'm a bit in over my head.
Kind regards,
Daan Hoffmann |
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04/30/2007 09:37:40 AM · #2 |
Well first we raise all hell, Then someone sends Art to burn their village. And i just sit here read and watch.
First you need to find out what it was printed in. The fact that its a printed publication makes it pretty hard to remove unlike a website. Contact the publisher. Might need to call a lawyor afterwards.
But your lucky in one sense that its not a website their not gonna get away with this. Then again some people would rather it disapear then to be in print. |
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04/30/2007 09:41:09 AM · #3 |
Well,
The website you posted seems to want to protect their images:
This website, and all content is copyright© 2007 - SRO LTD
though are not keen to respect the same of others?!?!?
Drop them an email. Are you happy for it to stay there if credited or do you want it removed? I doubt they would be prepared to pay you for it.
As for the book, what type of book/newsletter is it?
Local, national or worldwide?
How did they get a copy of your image at a high enough resolution to print?
As it is already printed, re-calling it may not be an option, though retrospective payment, may be. Might need to go through the legal system unless thay agree to an out of court settlement? |
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04/30/2007 09:42:03 AM · #4 |
Originally posted by RainMotorsports:
Well first we raise all hell, Then someone sends Art to burn their village. And i just sit here read and watch.
First you need to find out what it was printed in. The fact that its a printed publication makes it pretty hard to remove unlike a website. Contact the publisher. Might need to call a lawyor afterwards.
But your lucky in one sense that its not a website their not gonna get away with this. Then again some people would rather it disapear then to be in print. |
Well that's why I figure with the first incident it might be wise to document the photo being present on the website so that I have proof if it becomes an issue? |
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04/30/2007 09:45:28 AM · #5 |
Originally posted by dhoffmann:
Well that's why I figure with the first incident it might be wise to document the photo being present on the website so that I have proof if it becomes an issue? |
It is not difficult to "Recreate" a website with whatever pictures you like for so called documented evidence.
The best you can do is to ask for it to be removed. It is unlikely you will get any financial recompense. If they fail to comply, contact the websites service provider/host etc. They will remove the image/website if it infringes copyright as they take this kind of stuff quite seriously. |
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04/30/2007 09:57:51 AM · #6 |
| I thought it was a printed publication. If its a website, its pretty easy to just get it taken down by contacting them remember some people dont work on things 24/7 so it might take 24-48 hours but shouldnt take any longer then that at the most. |
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04/30/2007 10:03:48 AM · #7 |
Originally posted by RainMotorsports:
I thought it was a printed publication. If its a website, its pretty easy to just get it taken down by contacting them remember some people dont work on things 24/7 so it might take 24-48 hours but shouldnt take any longer then that at the most. |
No actually it's 2 separate incidents, one relating to the website posted in the first post, the second in a completely un-related publication (which I have not seen myself) that has published one of my photos.
I have only been told about the publication, a friend works in a bike store and told me that he saw my photo on a publication. (I have already asked him to hold on to a copy for me) |
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04/30/2007 10:05:54 AM · #8 |
As far as the website goes id just contact them have it removed.
As far as the publication goes if they make money off it. They their in trouble because you cant just remove it. Id get circulation numbers for that particular issue and what not. Just as evidence of monitary loss in case yo do decide todo somethign with it.
With the website its not worth fighting just ask them to remove it with the publication depending on if they make a profit it migth be your decision on what todo. |
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04/30/2007 10:13:49 AM · #9 |
Send them an invoice for three times your normal rates.
No questions asked, they used it, they should get billed. Three times the normal rate is what professionals tend to do when their images gets used without authorization. They used it and you are entitled to compensation, and you can explain that in your invoice. You can also explain that if they fail to compensate you that they can expect you to take legal action and they can be expected to pay for that as well, since they are committing theft.
Make sure you save the website page so you have proof and get whatever other proof you can.
Asking them to remove the picture is too nice in my opinion...companies cannot be doing this...these sorts of things are putting people that feed their families doing this out of business (along with micro stock sites but that's another story). |
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04/30/2007 11:23:30 AM · #10 |
I'm not familiar with the IP laws specific to Australia.
You should consult with an IP Attorney BEFORE YOU DO ANYTHING!!!
I doubt that simply ceasing to use the image absolves the website of liability. I know that's not the case here in the US. The infringement has been done, unless they have a time machine, they can't undo it.
My opinion is that you should squeeze every last cent out of the thieving bastards. |
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04/30/2007 12:25:45 PM · #11 |
| Make sure it's your image on the magazine, there are a lot of photos that look alike. |
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