Rec Center using my photo without me knowing

[crayfish13]

I was just recently at my local skatepark, and I saw a poster for the upcoming skatebard competion. The background of the poster was one of my photos I had taken at the park earlier that year. I was kind of pleased that they used one of my photos but at the same time angered that they did not ask if they could use it and even worse gave me not credit. What should I do, I'm thinking of first off asking them where they got the photo from and go from there. However I'm pretty such they got it off my website where I do have contact info.

Original
http://farm1.static.flickr.com/207/550690782_38a8af0335.jpg?v=0

Poster
http://farm1.static.flickr.com/223/550690764_354dd88b7a.jpg?v=0

[cskn0125]

They even edited it. How sad.

Yea, the first I would advise is contacting them politely and asking how they got the picture. from where & how. Then go from there, your basically on the right track.

A few questions to ask yourself,

would you benefit from this, even though it was put up without permission?
Are you losing money from this?
Are they gaining money from this?

This competition seems 'big' as theres shown sponsors, natural koncept, etnies, etc. If this is the case, I would ask for credit and/or some sort of payment if they really want to use it.

[mcmadkat]

They have blatantly broken the law by using your picture without permission.

Get in contact and tell them to either, cough up now, or remove all the posters. You may be only 15, but you have the law on your side.

I know its a sensitive issue, but if you let them get away with it they will do it again and again and no one will benefit except them. They look like they have decent sponsors, so you should be able to squeeze them for at least $500 for the picture.

[tokyopunk]

I see Starbucks is a sponsored, you should sue starbucks, they have lotsa money!
;)

[SuzyView]

I have never had this happen without some kind of notification. There's always a risk in putting stuff on a gallery on the web. But I like the advice about going to them first and nicely asking, "Did you know my Dad is a lawyer and he's really good?" :);) J/K

Just go to the office, and talk to the owner and ask where they got the photo. Get the real story first, then come back to us again with their answer. Don't jump to conclusions and don't get angry. People make mistakes, people take advantage all the time. Money not being the main issue, just the rights to your work.

[tim1960]

Just as SuzyView says, don't jump to any conclusions, get the full story. Were you the only one taking photo's and if you were, have you given/sold any of the photo's you took?

Please let us know what you find out.

[taygull]

First it does not matter where they got the photo. I would show up with a print of the photo showing the EXIF data. I would then politely let them know you were not contacted with purchasing usage of the copyrighted image. I would then ask them how they & the sponsors would like to compensate you for the usage.

Again, be very polite and you might work a deal for additional paid photography.

[ssim]

I like Suzy's approach. Definitely go after them but don't go in both both barrels blazing. There is another issue here in that the skate boarder is recognizeable and you would (under the law) have to have a signed release from him in order to use his likeness. I am surprised that the printer of the posters didn't check on this. Do you have a release?

[crayfish13]

No all the people I shoot are my friends, for me its just a hobby. I'm assuming someone at the park told them about my website and the got it there.

[Croasdail]

A lot of people don't understand or want to understand that just because the internet is a free space, not everything up there is free to take. It's a real cultural issue, but something that many, particularly younger ones, don't fully understand. It really could have been a well intended but mistaken action. Go chat with them. I am sure something can be worked out to make you both happy. I don't this was done with any ill intent.

[taygull]

I'm curious how you had a large enough file on your webstie to make a "poster"?

[tim1960]

First it does not matter where they got the photo.

I tend to disagree. A couple of months ago, I was taking pictures of our local high school team and took a shot of a play at the play with the runner stealing home and the pitcher/cathcher covering. Later that week, while I was reading the sports section of our town paper, the same shot that I took was in the paper. I new that it was not my shot since I had only downloaded my shots onto my computer and hadn't done anything else with the pictures. It made me wonder how this happend and then I remembered that the local paper had a photographer at the game too and was shooting behind me at a distance. It seemed strange that we both had the same shot but we did.

Could the same thing happen here? I would be polite and just ask how they got the picture.

[SuzyView]

I tend to disagree. A couple of months ago, I was taking pictures of our local high school team and took a shot of a play at the play with the runner stealing home and the pitcher/cathcher covering. Later that week, while I was reading the sports section of our town paper, the same shot that I took was in the paper. I new that it was not my shot since I had only downloaded my shots onto my computer and hadn't done anything else with the pictures. It made me wonder how this happend and then I remembered that the local paper had a photographer at the game too and was shooting behind me at a distance. It seemed strange that we both had the same shot but we did.

Could the same thing happen here? I would be polite and just ask how they got the picture.

Serious cool. Think about it. You are as good as a sport photographer.:lol: Now go out there and get some jobs!

[crayfish13]

I about 100% sure that didn't happen because I'm the only one who take photos at the skatepark and my friend told me today he talk to the guy who made the poster and told him their was good pictures from the skatepark on my site.

[taygull]

So did you not contact them today?

[sixsixfour]

it would have to be utter, unbelieveable coincidence that someone else was there and took the exact same shot.

I would go after them politely first.But if they so much as twitch, Id light 'em up.

[crayfish13]

I'm going skateboarding on saturday to I'll stop in the rec center which is right next to the park and have a word with them politely.

[crayfish13]

How much should I charge them If I decide to do so. I think they probably only made like 5 posters and they are a bit bigger than a full sheet of paper. Another thing should I get my friend (the kid skateboarding) to sign a release and what about all the kids in the background?

[Steve Parr]

First it does not matter where they got the photo. I would show up with a print of the photo showing the EXIF data. I would then politely let them know you were not contacted with purchasing usage of the copyrighted image. I would then ask them how they & the sponsors would like to compensate you for the usage.

Again, be very polite and you might work a deal for additional paid photography.

This is the best advice you're likely to get.

Follow it...

[Tomi Hawk]

I wonder how much those half a dozen or so sponsers paid to be on that poster?
It's a shame that people get away with stuff like this .. what's even worse is
they obviously went to Crayfish's site with the intention of using the image,
and did'nt bother to email him for his permission .. and not even a "Thank You" once they left!
I'm assuming that Crayfish does indeed have his email addy on his site, along with
some sorta disclaimer about copyrite (I have'nt been there myself) but this is downright theft!

I agree with sixsixfour, I'd be mellow about it first .. but if they tried to laff it off
I'd not only sic a lawyer on them .. I'd find out where they placed those posters, and rip um down!
Or get a nice fat Sharpie and write: Photo Credit: CRAYFISH on each one of um! lol

Grrrrr

[Francis Farmer]

Send them a bill for the use of the photo.

[S.Horton]

Get your parents involved, get some professional advice and, no matter what, stand up to them.

[blackshadow]

I had a similar situation happen a few weeks ago - I got an email from a friend saying great photo of xxx in xxx magazine. I said "what photo?" as I hadn't released any images to the magazine in question even though I was credited for the photo.

I called the editor and politely asked where the photo had come from. Turns out the magazine obtained the photo from the person's publicist. I explained that I hadn't authorised the publicist to release the photos (they were sent as a courtesy). He offered to pay me (even though I said not to worry in this case as it was a not for profit magazine who's aims I support) and I refused but did say I would like to be considered for any paying work in the future. I sent him through my resume/portfolio and he replied saying he would like to use me at times in the future and insisted on paying me for the shot. I have been paid but not had any further work as yet.

Be professional, be polite and be firm - chances are if you are dealing with decent people you will come out of it well.

[SOE digital]

Yeah everything that needs to be said has been.
But really, just don't jump to any conclusions. Yes, they've done the wrong thing, but here their side before you make any decisions.
You should definately stand up for your rights as the owner of the photo, you just have to make sure your not damaging future oppurtunities if you go nuts.
Get their side of the story and then figure out what you want to do.
It might be as simple as them taking the posters down and having to reprint. Pain inf the arse for them so they may want to just pay you. But don't let them for 1 second think that because your a teenager that you don't deserve the due ammount of compensation.