My photos reproduced with out my consent

[Bosscat]

I found some photos I had sold have been scanned and reproduced on vinyl wraps on the side of a few trailers at the snowcross this weekend. I pointed out to these people that they did not have the right do this as they did not seek my permission, and in one case the people involved had already tried to scan the prints for enlargements, but luckily no photo lab would do this for them, as I have stamped the back of all prints. Its not like they can't afford to pay, as they probably have well over $100,000 in the truck and trailer.

In another case the person insists he can do whatever he wants with the photos as he believes he owns them, when all he bought was a 4x6 print. I told him that both he and the party that made up the vinyl graphics are at fault.

So who do I chase down in this case, and what damages do you think I should seek?

Thanks for the help.

[Karl Johnston]

Sounds like you're having a lovely time over there.
Sounds like someone misunderstood their rights. I think the best course of action is to seek out an Intellectual property lawyer and see what they say. Your first step, if you haven't done already, is to seek out registration of the copyright here:

http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00003.html
and here:
http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr01212.html

Most definitely infringement, by the sound of it, but what monetary damages you can seek...that's where the lawyer will come in handy. Often you can get at least some general advice on what the law says in that case, for free.

I'd bring it to the attention of the manager of the business.

Whoever is responsible in management is who you should be talking to, rather than the flunkies at the table (sounds like they're less than educated)

You also could try to invoice them, but IMO to what use if they seem to think they own the rights to the photo? Most likely it will end up in the trash. I'm not sure how it works but perhaps bring it to the attention of the track officials? See if they have a policy against something like that.

Finally, as long as you didn't sign anything with the track that passes the rights (work for hire) over to anybody else ..then you have a running shot at kicking their butts over this. It may also help you if you knew how much you would normally charge for a license to use that kind of ad-placement in. I'm not sure of anything legal but it couldn't hurt to try, because essentially it's theft, isn't it? LIke I said, I'm not a lawyer, I can't give you any real advice on that but if you're seeking compensation then speaking with one is probably right up the alley.

[asysin2leads]

That sucks. However, I've run into the "I bought the print, I own the image" argument on several occasions. This is from the same population that thinks it's ok to download music off the P2P networks. We live in a society that doesn't feel there are consequences for their actions and want to blame others. Good luck with the fight on this and keep us updated.

[Bosscat]

One would think that the places doing the printing would know better, but I guess as long as they make a buck, they don't care either.

One party claimed he was ignorant of the copyright law, yet he and his wife should have known better, since they tried to scan prints in at Costco to make enlargements.

Last time I tried to plead ignorance of the law on something the judge told me "Ignorance of the law is no excuse"

Of course I have a feeling I will become known as the bad guy over this, but if I do nothing, it'll just get worse.

I'm actually thinking I will need a 20 page contract to sell anything anymore.......LOL

[Concretin Nik]

Of course I have a feeling I will become known as the bad guy over this, but if I do nothing, it'll just get worse.
You're absolutely right.

And no, you're not the 'bad guy.' You're the photographer who takes his business seriously.

I won't offer any legal advice, because, it always seems like a lot of hassle that I'm not sure I would even attempt, even though I know it's right. (But often the jerks are counting on that.)

Just be sure to approach it businesslike. Don't take any of their offensive defense of their actions personally. And don't reciprocate any of their animosity. It's business. Be polite, reasonable and clear. They'll either concede their mistake and pay you, or they'll fight with lawyers, and still end up paying you. (Get pics of the offending usage trailers for sure.)

Good luck, and please post up the resolution (or the fight)...

[sspellman]

Its frustrating that someone would pay good money to make the vinyl wraps, but not for use of the pictures. Gather evdence such as pictures, the printer, legal company names and address, etc. Consulting with a real IP lawyer is the only source of good information. The laywer may tell you that a letter from the lawyer with an invoice to be paid withing 30 days is a good course of action. Good luck.

-Scott

[zagiace]

Geez, makes you wonder whether this is truly a person just ignorant of the copyright or someone intentionally trying to by without paying.
What was your initial agreement with the clients? Where the shots commissioned for them specifically?

[Bosscat]

They were not commisioned shots at all. I shoot as I want to tell the story of a race weekend, and print all images as 4x6 proofs that are available for sale. All photos are stamped with the copyright symbol along with my name and phone number.

In the one case the party who reproduced the images onto their trailer, had already tried to make photo enlargements from them and got turned down by any place they went and came back to me to buy 20x30 poster sized prints. They asked why I stamped the pictures so they could not make copies and I explained the copyright law to them at this point, and they continued to buy any enlargements directly from myself. Fast forward to last weekend and low and behold, I see all kinds of images that have "My Look" on the sides of a couple trailers. I stopped looking for anymore photos on trailers before I blew a gasket and went postal.

The stupid part is the husband is a welder by trade with his own biz, and the wife is a partner in an accounting firm in Toronto. Its not like they can't afford to pay for stuff. I somehow doubt she works for minimum wage, but I guess this just proves that being a professional doesn't mean you are ethical.

[Karl Johnston]

Could try linen printing to prevent scanning. Though that may increase your price point, and its difficult to find labs that do it.

[Bosscat]

Could try linen printing to prevent scanning. Though that may increase your price point, and its difficult to find labs that do it.

I thought about looking for something like that, but I would prbably have quite a long drive to find a lab that does it. And some would still try and scan it anyways.

I also came up with the best solution of all.

I'll just stay home and watch TV and leave these people to suffer with the poor quality stuff from the official series photographer.

Its no longer enjoyable when it starts to affect your health, and I have actually been looking on the used market to see what my gear is worth, as I have just grown sick of the constent fighting to make a decent buck, while getting raped when I have to buy something.