View Full Version : one of my HDR's was stolen!!
kombisaurus
11th of December 2008 (Thu), 10:45
Extremely well handled Zacker and I'm glad you got an outcome that you're happy with.
It's great to see justice like this; based on common-sense and clear communication rather than egos and chest-beating.
Let's hope the editor learned a lesson though. He might still think it's worthwhile to steal images if all he has to do is pay $500 to the small percentage of photographers that catch him out. He might end up averaging 50 front-covers for $500.
DDCSD
11th of December 2008 (Thu), 10:47
I'd start looking on flicker for their other cover pictures and shooting a note to the other photographers to go get their money. :)
johnstoy
11th of December 2008 (Thu), 12:32
Real good outcome to this fiasco...
We need to keep our eyes open, cause I also had a couple of similar situations... When handled in a civilized manner, they also were resolved fairly.
And by the way... It's a very nice picture... No wonder they copied it.
-Douglas-
11th of December 2008 (Thu), 13:22
Well done Zacker!
*I burnt my popcorn :confused:
JackFlash19
11th of December 2008 (Thu), 20:12
Nice job Zacker! Agreed on all counts you handled this very well. Professional, stern, to-the-point. Definitely a reason to have a watermark (or to not have one ;) ). I'd hope to see the site one other member posted up, (tineye.com?) when it gets a larger database would be an invaluable tool to find where your photos are being used online.
Olli
12th of December 2008 (Fri), 10:56
I'd hope to see the site one other member posted up, (tineye.com?) when it gets a larger database would be an invaluable tool to find where your photos are being used online.At least two cases, when an image first has been posted in POTN, have been found with TinEye already.
zacker
13th of December 2008 (Sat), 18:52
tin eye is great when it works, i test it on my websites main image and it found three other shots on the net...not of my image but images with the same font!!!!
RogerAylstock
17th of December 2008 (Wed), 09:20
Interesting thread. Glad it worked out for you.
MikeI
18th of December 2008 (Thu), 02:03
Great thread. Informative and with a happy ending! Good for you on a job well done. It looks like you handled it perfectly.
zacker
18th of December 2008 (Thu), 15:03
Thanks!
Great thread. Informative and with a happy ending! Good for you on a job well done. It looks like you handled it perfectly.
I hope... still havent got the check but im thinking it wont come till the end of the month or beginning of Jan.. we will see.
Karl Johnston
18th of December 2008 (Thu), 15:15
I'm glad it worked out, but in this case if it didn't then they could probably get away pretty easily..especially if they had legal sense of their own, but since they don't well congratulations
danieldare
22nd of December 2008 (Mon), 00:14
Yes and no. :)
Had he had a watermark his photo would have never been stolen thus no $500 settlement. :confused:
just thought to point it out, he did technically have a watermark, they just besically cropped it out.
It is in the lower right-hand corner.
On the other hand, congratulations on winning!
zacker
22nd of December 2008 (Mon), 06:05
thanks danieldare... yeah they went right over it, yet more proof they knew they were in the wrong.. cant say they didnt know or couldnt find the owner.. lol type my name into google or Yahoo...
zacker
23rd of December 2008 (Tue), 18:24
well I guess its a good christmas as I got the check today.... lol now to spend it!!!
DDCSD
23rd of December 2008 (Tue), 18:32
Awesome, just in time! Glad they actually came through.
jgrussell
23rd of December 2008 (Tue), 23:02
well I guess its a good christmas as I got the check today.... lol now to spend it!!!Now tell 'em to get their tails in gear about giving you credit for the photo on the website.
zacker
26th of December 2008 (Fri), 19:45
lol.... yeah i checked and its not there yet.
tony rage
26th of December 2008 (Fri), 20:17
hmmm, what do I gotta do to get one of my photos stolen?? good job man!
Dan P.
26th of December 2008 (Fri), 22:13
I am no expert, but since that photo is yours, you could just give the 'client' usage rights, and not transfer ownership rights. If you give them ownership rights, you may lose out big time. But as an alternative, you can give them resale rights- and then possibly get a royalty as the original artist.
Good luck with the specifics.
zacker
27th of December 2008 (Sat), 07:42
hmmm, what do I gotta do to get one of my photos stolen?? good job man!
i dont know but if i can find a way to do this a couple times a week, ill be good!!! :D
Paul J McCain
27th of December 2008 (Sat), 10:28
lol I wish more people stole my photos and then reasonably settled for compensation! pretty nice how you worked it out without having to pay a lawyer anything.
thisdorkagain
28th of December 2008 (Sun), 18:01
man $$$ in the bank would be nice from something like this. that's messed up though
snmichaels
29th of December 2008 (Mon), 11:26
Well done! :)
TheFloridaShooter
29th of December 2008 (Mon), 22:02
Well worth the reading. Now I want to hear when the funds are in hand.......
Inspeqtor
29th of December 2008 (Mon), 23:39
Well worth the reading. Now I want to hear when the funds are in hand.......
Read thread number 164. He got the check a week ago :cool:
Treat me like a tourist
30th of December 2008 (Tue), 09:39
Proof that only good can come from nosing through your boss's stuff while he's on holiday :)
nuffi
30th of December 2008 (Tue), 20:54
Sim, it seems to me that your $988 invoice is letting them off very easily when you consider how widely they've used your image.
My advice is to aim higher. Quite a bit higher. And let them negotiate down to soemthing you're happy with later. So.... Start at something like $10k, and then when you get down to $4k, they will be happy and you will be ecstatic.
Someone else mentioned advertising. It might be mutually beneficial if you want wider exposure for your photography services.
Figure out what sort of compensation would exceed your wildest dreams for a single image, what level would make you very happy you discovered this, and what the minimum amount you need to not feel ripped off. Go in asking for the top, try hard to not negotatiate lower than the middle and draw a really big line in the sand with the third.
But make sure you go in being amiable. It might mean that everyone is okay. It is very likely that the company itself has no idea that the image was stolen by their outsourcers. If you go in being sympathetic, you might get the guys with the pursestrings onside.
DDCSD
30th of December 2008 (Tue), 21:08
Sim, it seems to me that your $988 invoice is letting them off very easily when you consider how widely they've used your image.
My advice is to aim higher. Quite a bit higher. And let them negotiate down to soemthing you're happy with later. So.... Start at something like $10k, and then when you get down to $4k, they will be happy and you will be ecstatic.
Someone else mentioned advertising. It might be mutually beneficial if you want wider exposure for your photography services.
Figure out what sort of compensation would exceed your wildest dreams for a single image, what level would make you very happy you discovered this, and what the minimum amount you need to not feel ripped off. Go in asking for the top, try hard to not negotatiate lower than the middle and draw a really big line in the sand with the third.
But make sure you go in being amiable. It might mean that everyone is okay. It is very likely that the company itself has no idea that the image was stolen by their outsourcers. If you go in being sympathetic, you might get the guys with the pursestrings onside.
Read thread number 164. He got the check a week ago :cool:
Little late. ;)
zacker
31st of December 2008 (Wed), 06:03
Sim, it seems to me that your $988 invoice is letting them off very easily when you consider how widely they've used your image.
My advice is to aim higher. Quite a bit higher. And let them negotiate down to soemthing you're happy with later. So.... Start at something like $10k, and then when you get down to $4k, they will be happy and you will be ecstatic.
Someone else mentioned advertising. It might be mutually beneficial if you want wider exposure for your photography services.
Figure out what sort of compensation would exceed your wildest dreams for a single image, what level would make you very happy you discovered this, and what the minimum amount you need to not feel ripped off. Go in asking for the top, try hard to not negotatiate lower than the middle and draw a really big line in the sand with the third.
But make sure you go in being amiable. It might mean that everyone is okay. It is very likely that the company itself has no idea that the image was stolen by their outsourcers. If you go in being sympathetic, you might get the guys with the pursestrings onside.
10K... sounds a bit over the top for a photo on a local mag like this, Id consider it though, if it were the Inquirer or US weekly.. or Time..lol
Thanks for the input though..
the $984 initial invoice was mainly to grab their attention, I am quite happy with the $500 i recieved, if i could do 3 of these sales a week, Id be quite happy!!
canonloader
31st of December 2008 (Wed), 06:10
Maybe you should now offer to shoot, process and supply all their header images? ;)
zacker
31st of December 2008 (Wed), 06:22
lol... How's this sound?
"Dear Sirs, seeing that you already like my Photographic style and find me somewhat talented, I'd like to offer my services to your staff as head Photographer. I have my own equipment, I'm willing to travel and can even design covers and do Photo layout, I have extensive knowlege in Photography, Photo editing software and computers. Ill work for $500.00 per photo."
That should do it... no? ;)
canonloader
31st of December 2008 (Wed), 06:29
I would seriously give it a try. Once you work for one company for a resume, the rest should be easier. And think of the exposure. ;)
snmichaels
31st of December 2008 (Wed), 06:30
Go for it!! Though, they seem to usually just nab free images off the net anyway, so I'm not so sure. Worth a try.
snmichaels
31st of December 2008 (Wed), 06:30
Did they ever give you credit on the site?
kristianthompson
18th of January 2009 (Sun), 01:42
I'd consider getting a lawyer and sueing them. your work is copyrighted if I am not mistaken and with out your express written consent, they stole from you and owe you for the use of your image
Ivoryplum
18th of January 2009 (Sun), 03:14
I'm curious to see the outcome of this.
Its been 2 weeks, and nothing from the OP has been posted.
Hopefully he tells us all whats up soon.
Andrushka
18th of January 2009 (Sun), 04:23
maybe they dumped him in the river when he asked for too much money... too bad... he seemed like such a nice guy...
pennypue
18th of January 2009 (Sun), 09:11
Ok so dont kill me... lol
This guy called me and this is where we settled.. $500.00 and Photo credit on the mag and site and free advertising on the site. one of those side bar links like the google ad things.. Im pretty stoked as i thought this would have dragged on and on and for a pic i took while on my lunch hour one day, i think i did pretty good!
Uh, back at post #114.....OP posted regarding the resolution. Ya'll are just waaaaay behind. :D
MKULTRA
18th of January 2009 (Sun), 10:09
well I guess its a good christmas as I got the check today.... lol now to spend it!!!
bumping for the blind :lol:
kombisaurus
18th of January 2009 (Sun), 21:56
bumping for the blind :lol:
hahaha.. I'll have to remember that one! :lol:
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