View Full Version : Copyright info
Shemp
9th of June 2009 (Tue), 18:53
I have what I hope is a simple question about copyright law. I looked on the net & found conflicting information. The only thing people agreed on was consulting a lawyer, but...
The situation,
I took pictures of a corporate jet leaving a public airport. Later, the pilots saw the pictures & wanted to buy several 12x8 prints which I sold them & nothing else. Then, months later I saw the same picture reproduced & used as part of the companies promotions – without my permission.
I haven't registered the picture with the copyright office but as the original work creator, do I have any rights? I sold them 2 prints, not anything else!
Thanks,
Shemp
jgrussell
9th of June 2009 (Tue), 21:02
(a) Register the image immediately.
(b) Send a bill to the company.
(Yes, you do have rights, and the sale of prints to the pilots does NOT carry with it any right on their part to republish the image in another form or for commercial use.)
Shemp
9th of June 2009 (Tue), 21:13
(a) Register the image immediately.
(b) Send a bill to the company.
(Yes, you do have rights, and the sale of prints to the pilots does NOT carry with it any right on their part to republish the image in another form or for commercial use.)
Thanks for the info. I wondered if it was too late to register the image since they have already used it.
Other thoughts from people?
Karl Johnston
10th of June 2009 (Wed), 14:32
If it is of a corporate jet you may need to get a privacy release to use the image of their jet commercial. (maybe, depends on the law in your area).
Do you work at the airport? Were you using any computers or equipment that belong to the company or the pilots or the airport?
Did you sign anything or hear anything from the buyers about them buying the images for corporate use?
justincase724
10th of June 2009 (Wed), 15:00
Thanks for the info. I wondered if it was too late to register the image since they have already used it.
Other thoughts from people?
If I remember correct, you can register your work up to a year after it's created and the rights still stand as if you registered it the day you created it.
Pinto
10th of June 2009 (Wed), 18:38
In addition to copyright submittal, I always add the condition, "No commercial use. For personal use only," on my invoices for sales to individuals. It's a good habit to start. Helps your case down the line if something happens.
Shemp
11th of June 2009 (Thu), 08:36
If it is of a corporate jet you may need to get a privacy release to use the image of their jet commercial. (maybe, depends on the law in your area).
Do you work at the airport? Were you using any computers or equipment that belong to the company or the pilots or the airport?
Did you sign anything or hear anything from the buyers about them buying the images for corporate use?
Thanks for the reply.
I do work at the airport but I may not have been on the "clock" as it were when I took the photo. The photo was taken several years ago. It is a public airport & people take photos there. I also have permission from the Airport Manager & Aviation Director to take photos at any time, on or off the clock. These photos weren't taken for monetary gain. All equipment is my own. The buyers of the photos were pilots & the head of their flight Dept. just for their enjoyment.
I registered 500+ photos - including the one in question with the copyright office yesterday.
jgrussell
11th of June 2009 (Thu), 08:52
I registered 500+ photos - including the one in question with the copyright office yesterday.Now send the company a nice letter telling it that you are sure they didn't intend to violate your copyright when they used your image for promotions without permission, and you'd be happy to license it to them for their use for (set a reasonable price).
Karl Johnston
11th of June 2009 (Thu), 13:09
And all should go to plan!
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