they used my pics....

[Jonny]

Without asking.


Would you complain about this? :

I often take shots of some local kite fliers for practising action shots as i am still pretty much a beginner. Many of the images i post on my personal webspace where i state that no one should use them without my permission.
Today i noticed two of my photographs on the local kite shops webspace:

SEE HERE (http://www.airbossworld.co.uk/storeriders.htm) My pics are 5th and 6th down.

Should i complain? Would you?

They are only small pictures (the originals are not) so is it worth the bother? If they were hot linked i would delete them from my server but the have taken them and rezized them deliberately.

I am friendly with the guys in the shots and i don't have a problem giving them the files if they asked but i am not friendly with the store....i feel they should have asked.

[Radtech1]

I would send them a bill.

Rather than saying, “Don’t do that!”, just say, “Fine, go ahead. It is nice to have you as a client. Here is your bill.”

I would inform them that there is a negotiated rate (x dollars), and an un-negotiated rate (5x dollars). I would let them know that if they intend to sign a contract to purchase more, then I would be willing to settle with the negotiated rate for this. Otherwise, bill them, then small claims court.

Rad

[Bruce Hamilton]

I am friendly with the guys in the shots.....

Out of curiosity, did you provide digital copies to the guys in the respective shots? I'm wondering if they provided them to the shop without realizing they needed your permission first....

[Seamless]

Without asking.
...
Would you complain about this?

Should i complain? Would you?

They are only small pictures (the originals are not) so is it worth the bother? If they were hot linked i would delete them from my server but the have taken them and rezized them deliberately.

Your answers may depend on the legal rights of your country. You're in the UK, your photos are hosted in the UK, and were used in the UK. Your site is a comercial use. It is not clear from the site, but they may be available for purchase worldwide. I did not see any notice that releases were provided by the persons depicted.

Among the questions I would pose to my legal advisor were I in your position are:
Does the fact that I am using photos for a commercial purpose make any difference or cause problems (such as obtaining releases from identifiable individuals)?
What releases do I need that I haven't obtained?
Does offering images for commercial sale in this manner violate the terms of acceptable use of the host site? If so, is there legal exposure to the web site that I have agreed to indemnify and pay their litigation expenses in the event they are sued?

If you don't have proper releases, then your initial claim is small change compared to your potential legal exposure to claims from others.

I saw some images that appear to have a copyright notice watermark. Was it a conscious decision to not apply the watermark to all images?

Perhaps you might reach an agreement that use of these particular images is acceptable in exchange for proper attribution, and they might agree to a link to your web gallery. In any event, they should remove the photos if you request, even if the individuals shown have agreed to inclusion.

[Jonny]

If you don't have proper releases, then your initial claim is small change compared to your potential legal exposure to claims from others.

I saw some images that appear to have a copyright notice watermark. Was it a conscious decision to not apply the watermark to all images?





These guys in the shots have not signed releases for me and i only really posted them there to enable them to purchase prints should they wish.....i see your point though and have now removed that gallery to prevent any issues!

As for the watermark, thats just laziness! i missed some shots and never found the time to go back and edit them.

[Seamless]

As for the watermark, thats just laziness! i missed some shots and never found the time to go back and edit them.

It was a suggestion, not legal requirement. A visible watermark tends to discourage unpermitted use. Since notices around an edge can easily be cropped out, placement across the main subject of focus of interest may be best.

I saw from your site host's terms of acceptable use an indication that you could restrict access to a permitted users list and/or institute passwords, so if you want to allow a subject access only to their own photo, perhaps that would work for you. I've seen that implemented well for a commercial portrait photography studio that allows families to order prints off the web.

[hammerhead]

is anyone making money from the shots to start with, this looks like a hobby site. maybe they should give credits no doubts. enjoy and brag my friend. just my 2cents