How long do I give them?

[casp3r]

Bought a Sunday newspaper and as with most Sunday papers there was some form of insert(s). In this case it was from a supermarket. I normally ignore them but on this occasion I noticed a competition on the back page and the accompanying photos and couldn't believe that I was looking at one of mine.

So I fired of an email to them asking that they remove the image from any further publications and pay a fee for current use.

Obviously I'm hoping that they get in touch about this but just wondering how long I should leave it before contacting them again?

Many thanks in advance.

[MJPhotos24]

Somebody screwed up...I'd give them a business week personally just because they're trying to find out who screwed up in many cases before responding. If no response it's time to tell them if you don't get a response you'll be taking it to a lawyer and include the current usage invoice (3x what you would have charged them for commercial usage). Hope the image is registered as it helps with damages.

[gooble]

You can register your image with the Library of Congress within three months of the date of infringement.

[WMS]

You can register your image with the Library of Congress within three months of the date of infringement.

Did you note that the OP has Northern Ireland listed as his location? I suspect that The Library of Congress would not be the best place for him to register for a copyright.

Wayne

[exile]

No registration necessary in this case as it is covered by the Copyright, Designs and Patents Act 1988.

Who did you email? Was it a generic "info" email or directly to the editor? I think a business week is the outside limit for a reply from them.

[chakalakasp]

Did you note that the OP has Northern Ireland listed as his location? I suspect that The Library of Congress would not be the best place for him to register for a copyright.

Wayne

Well, actually, it would be -- it just won't help him with infringements in Northern Ireland. :) If, however, someone in the U.S. ever infringes his photo, it would be much better for him had he registered the image in the U.S. prior to the infringement.

[gooble]

Well, actually, it would be -- it just won't help him with infringements in Northern Ireland. :) If, however, someone in the U.S. ever infringes his photo, it would be much better for him had he registered the image in the U.S. prior to the infringement.

Didn't notice that the OP was from Northern Ireland but regarding registration, according to IP Attorney Ed Greenberg who was interviewed by Scott Kelby, if you register the copyright within 90 days of infringement you attain the same rights under the law as if you had registered it before the infringement. It doesn't matter when you took the picture or what you've done with it. The 90 day clock doesn't starte ticking until it has been infringed.

Here's a link to the interview http://www.scottkelby.com/blog/2008/archives/1645. See clip two for the discussion on this topic.

[torvaterra]

Im not a lawyer, but if I were you Id start off by saving things up. Dig up the originals of your images and keep the copies handy. Then try to get several copies of the insert with your images in it.

Look up your local laws regarding copyrights and what rights you have.

I would try to call them and get in touch with a district manager or someone in charge. Write down the names of who you speak to and keep notes of what they say. Get as much info as you can to see if they had an outside company make the inserts or if they are made in house, and where they get the images from.

If they blow you off call again and try to get an appt to speak to someone directly/ in person. Then go there (to the business offices or main store, wherever they direct you) with a friend as a witness and try to get a hold of someone. Make sure not to go there angry, be very professional. Explain the situation and see what you can work out.

Also think about where you stand and what you want from them. Research rates and what you can expect so that you dont get undercut or tricked into accepting a shady offer. Maybe you just want an apology or a trade, or maybe you want a check. Think it over and be confident and sure of what you expect from them.

If you dont want a direct approach, just contact an attorney and they will do the leg work for you. You might want to contact one anyway just to see where you stand and to get some solid advice. What I stated above is just what I would do personally. Advice from a professional would be best!!!

[S.Horton]

I'd send them an invoice, then call.

;}

[casp3r]

Many thanks for all the replies and advice. The competition that the photo is used to promote is run by Company A in conjunction with Company B. I've sent the same email to both companies, one was an info@ and the other c ompany was their media office.

I've kept at least one of their inserts and also saved the web page that's listing the competition as well (photo is used there too).

I'll give them to next Monday and take it from there. Again many thanks for all the advice.

[pwm2]

Just a quick check - you haven't by chance used your picture in a competition, have you? A number of competitions will have legalese saying that you are handing over all rights to the submitted photos.

[casp3r]

No it's never been used in a competition. To be honest the only places that it would be seen would have been on this forum and possibly one or two aviation related forums - It's a photo of a plane that has Company Bs website address printed on both wings. To be honest it's only used as a small thumbnail on both the website and insert, but hey it's mine and they shouldn't have used it without permission.

[Floriantrojer.com]

This is a royal pain in the a.. as I am sure you've noticed. E-mails will not get you anywhere in 85% of all cases.

The best way to approach this, say, after you have waited for a week for them to get back to you, call their office, and ask to speak with the photo editor / designer / sales rep. Those are at least also involved in creative business processes, and should at least know what rights you as a photographer have. Chances are good the clerk at the front desk won't.

Explain the situation to them and tell them you will send them an invoice / expect compensation / want a deal for further use / .... whatever suits you really.

Good luck with that btw.... I am currently dealing with 5 of those, and only one has even gotten back to me, despite that they all got invoices already. :mad:

[dolfinack]

I'd send them an invoice, then call.

;}

lolz... me too. Grr to that. I'd be incensed if some clown stole from me in that manner. Thats all it is reall, theft. Silly beggars.

Good luck from a fellow Norn Ironion.

[Nightstalker]

I replied to a similar post regarding a Mitsubishi Evo image that had been posted to a specialist EVO forum.

The terms of posting to that site gave the forum owners the right to sell on any image posted and to profit from the image whilst not paying the original photographer anything - in other words the forum rules included a massive and wholescale rights grap of all images posted.

You may / may not be in the same position depending on the T&C's of the forums you posted to.

[Shootfilm]

No it's never been used in a competition. To be honest the only places that it would be seen would have been on this forum and possibly one or two aviation related forums - It's a photo of a plane that has Company Bs website address printed on both wings. To be honest it's only used as a small thumbnail on both the website and insert, but hey it's mine and they shouldn't have used it without permission.

If this were the US i'd say only correspond with either company via certified mail or lawyer to lawyer.
If I read this right you took a picture of company "b's" advertisement that may or may not be copyrighted or trademarked? You want company "b" to reimburse you for losses because they used your photo of their material? You may be opening a can of worms if Im interpreting the thread correctly.

Shootfilm