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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 16 Jan 2011 (Sunday) 10:17
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How do i get compensation for someone using my work?

 
chakalakasp
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Jan 17, 2011 19:48 |  #16

CallumPhoto wrote in post #11656155 (external link)
Hey settle down now, you've read my post and taken it the wrong way. That applies to the U.S. and the U.S. only. Contrary to what some Americans appear to beleive, it's not the only country in the world, now I don't know that much about U.S. law because I don't live there but I've been told/taught it's only atterny fees and one specific "type" of damages that the U.S. requires you to have registered the work.

You're worked up about something that applies to the U.S. right after you said "If the photographer is in the U.S.".

Yes, attorney's fees. Attorney's fees for prosecuting a copyright infringement can run around $20,000 to $40,000 USD.

Essentially, only very very large infringements are worth bothering with if you haven't registered your images.

And even for images that were not previously registered, filing a court case requires registration of the images. You can't step into a federal courtroom in the U.S. without a copyright registration from the U.S. Copyright Office. So one way or another, you're going to need to register your images -- it just makes much more sense to do it before someone steals them!


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Mark1
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Jan 17, 2011 20:36 |  #17

CallumPhoto wrote in post #11661177 (external link)
Aren't we still at the stage where this ONLY applies to the U.S. and we don't even know where our photographer here is from. If that's correct then that someone isn't me. Either way I would still suggest you figure out how much it's going to set you back and decide is it worth all of it and/or learn from your mistakes.

The OP has not stated where they are so we can only respond with what to do in each of our locations.

As far as cost.... Here in the US it is $35 for as many images as you can fit on a DVD at a size that is still recognisable for court display.


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CallumPhoto
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Jan 17, 2011 21:24 |  #18

Mark1 wrote in post #11662291 (external link)
The OP has not stated where they are so we can only respond with what to do in each of our locations.

As far as cost.... Here in the US it is $35 for as many images as you can fit on a DVD at a size that is still recognisable for court display.

Exactly so that's why I'm not sure why some guy is going on about my post being "authoritative bull****" and you're saying that I need to read more when I've done what you have just described.

Anyway it's not important, probably just misunderstanding. When I said cost I meant the cost of a laywer and court process. I guess that there is a perfect example of a misunderstanding.

:)


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narlus
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Jan 17, 2011 21:27 |  #19

if you are 'fairly close' to this artist as you state, talk to him about it...he (or perhaps she) likely didn't realize you weren't giving them the photo for their use...did you specifically state anything of that nature?

at this point it's probably too late to do much, unless you don't care about maintaining this relationship and want to start legal wranglings.


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tjames
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Jan 18, 2011 15:28 |  #20

First thing you need to do is register your images immediately.. Theres a 90 day window from the date of publication that you can register your image and still be able to pursue legal action. Secondly your issue is with the booking company.. Second is to document where/when/how many times this image has surfaced in print and online. Third I would have a lawyer draft a letter to them explaining they are using your copyrighted photo to promote said artist without proper release or compensation. Since your goal is to get paid for it's use you can outline what you would have charged based on the ads circulation numbers and impressions and any compensation going forward. It should also include a cease and desist until the payment and the proper documentation has been received and signed by both parties.


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How do i get compensation for someone using my work?
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