Image usage with out credit or payment.

[DJSonsteng]

A company i used to work for is using an image that I took with out my permission on thier website. They aren't giving me credit and they are using a low resolution proof. I didn't watermark it for some stupid reason. Is there anything that I can do? anyone have any ideas?

[FlyingPhotog]

Contact them and insist they remove it...

[tim]

Send them a polite letter. Not an email. A letter. Tell them they're using a copyrighted image without your permission, it will be $x to license the image for website use for 2 years (or whatever), or ask them to remove the image from the website.

[DJSonsteng]

Send them a polite letter. Not an email. A letter. Tell them they're using a copyrighted image without your permission, it will be $x to license the image for website use for 2 years (or whatever), or ask them to remove the image from the website.

What would a reasonable rate be for licensing an image?

[amfoto1]

Did you work for them as a photographer, even as part of your duties?

Were you a salaried/hourly regular employee (i.e., "on staff")?

Was the photo taken while you were "on the clock"?

If you answer yes to the above questions, they own the copyright to that photo, not you.

[DJSonsteng]

I was never employed as a photography by this company. I just brought my camera to work cause of the cool stuff we get to see in my line of work.

[amfoto1]

I was never employed as a photography by this company. I just brought my camera to work cause of the cool stuff we get to see in my line of work.

Hi again,

Then you probably have grounds to ask them to either pay for it's usage or to stop using it. In other words, you probably own the copyright.

You should check copyright law to be certain, though.

If so, I'd send them a registered letter with return receipt, reading something like:

"I am very pleased to see you like my photograph enough to include it on your website. My fee for one time, non exclusive licensed use of one of my photos on a website for a period of one year is $xxx, for two years $xxx, for three years $xxx. Attached is my billing statement. Please remit payment in full within 10 days. Thank you. Other licensed usage of my images is available, too, if you would please let me know your needs."

If they fail to respond in that time period or respond declining to pay for usage of the image, then you should send a registered letter with return receipt asking them to stop infringing on your copyright and to discontinue using it immediately.

And, assuming copyright law says you do in fact own the image, you should register your copyright right away if you haven't already done so, online or by mail (you can register a large number of images at one time... just Google for the US Copyright office.).

Before you send any letter, be sure to print out screen shots of their website to document that they are, in fact, using your photo.

Oh, and if possible, check to see if the EXIF data is still attached to the image they have posted. That might help prove your ownership.

[DJSonsteng]

Thank you so much for the info.

[transcend]

Send them an invoice, due immediately. I don't bother with the removal letters, as they have already used it. The damage is done. Also take a screen shot right now incase they try and remove it and claim it never happenned.

[DJSonsteng]

how do you do a screen shot?

[Zonieart]

how do you do a screen shot?


Go to the page with the image and print a copy of it.

[tim]

What would a reasonable rate be for licensing an image?

Show us the image, tell us how it's used, how many viewers, that sort of thing. Then we can say "we don't know". An image is worth what you can get for it. PhotoQuote software can help work it out.

[rsmedley]

A company i used to work for is using an image that I took with out my permission on thier website. They aren't giving me credit and they are using a low resolution proof. I didn't watermark it for some stupid reason. Is there anything that I can do? anyone have any ideas?

Most companies I've worked for specified in my terms of employment that they own whatever I produced while on the job (writing a book, invention, etc). I never liked this but hey -- you have to put a roof over your head. While this may, or may not, hold up in "court" I'd forget it and move along unless you think the image is worth big bucks (and I mean more than $100 or so).

[ssim]

I was never employed as a photography by this company. I just brought my camera to work cause of the cool stuff we get to see in my line of work.

I'm not so sure that we have all the information yet to make a determination that they can't use it.

Did you at any time in the past, while employed there, take a shot at their request while you were on duty. If you did and at that time you allowed them use of it, whether it be print or electronic media, they may try to argue that you had done this in the past. Did you have a written terms of reference or job description for the job that you were supposed to be doing.

I don't agree with what they are doing but we are our own worst enemies when it comes to letting images float around without taking the necessary precautions to protect our own interests.

[rsmedley]

I honestly can't believe there's so much fretting over this. Is the photo worth big bucks? Why don't you post it and let the experts here give an opinion? Otherwise "fogedabotit" and move ahead :rolleyes:

[DJSonsteng]

I Don't think that it matters if its worth big bucks or not. Its not their image to use with out paying me for it.

[DJSonsteng]

This is the image. The one they have doesn't have the frame. This picture would be almost impossible to recreate, your not going to get a helicopter to pose for a picture.

http://i59.photobucket.com/albums/g283/lightsndsirens18/Airliftcopy-1.jpg

[rsmedley]

I Don't think that it matters if its worth big bucks or not. Its not their image to use with out paying me for it.

Well and what I'm saying is it may actually NOT be your image. If you were on the job at the time it may, in fact, belong to them according to your terms of employment. I'd find out before I raised a stink about it.

[mbellot]

If you were on the job at the time it may, in fact, belong to them according to your terms of employment.

+1 on this. Check it out before you make a stink or you might end up looking quite the fool.

[Rick Rosen]

You took the photo while on the job and they were paying you as an employee. Whether taking pictures was in your job description or not is really a pretty moot point. You were being paid while taking the pictures. I don't think this is a can of worms you should try and open.

Rick

[transcend]

You took the photo while on the job and they were paying you as an employee. Whether taking pictures was in your job description or not is really a pretty moot point. You were being paid while taking the pictures. I don't think this is a can of worms you should try and open.

Rick

Sorry, but just because he took it while on the clock does not automatically mean it belongs to his employer. A job description is on paper for a reason. What if he was on break or lunch for example?

[Wilt]

how do you do a screen shot?


Ctrl + Prt Scr

then go into Microsoft Paint and paste from the clipboard the image. Save.