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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 16 Feb 2012 (Thursday) 08:50
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Image theft. Help please

 
TexasPete
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Feb 16, 2012 08:50 |  #1

Hi all,
My mate is having trouble at the moment with someone using his images and all He asked was a credit, She refused and refuses to take down the images also...
They are on Her facebook business page so being used as promotional material...
Where does he go now??
Is there a company that handles copyright theft?
Does He invoice her so it's a legal matter...
I don't know why she was so adament not to credit the images but she's being a proper madam about the whole matter..
He's a good photographer but not equipped to handle this properly or professionally..

Any steadfast routes He should take?

Thanks.


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Feb 16, 2012 08:51 |  #2

Local IP lawyer is the ONLY person that will be able to give the proper solution to this.


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TexasPete
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Feb 16, 2012 09:32 |  #3

I'm guessing lawyer wouldn't get involved in such a small case would he/she?

But that's all I'm doing is guessing..

If it does go that far, She would just remove the images no doubt and nobody wins,

She won't have access to great shots of Her dancing thingy and He gains no credit or cash for His input..

Would He send Her a suitably sized invoice for licensing, £50/100

I am fully ignorant to this but very interested in the course that should be taken by a photographer in this kind of situation..

I'd like to think there are still options left in the world without suing each other all the time.


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BreitlingFan
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Feb 16, 2012 09:34 |  #4
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TexasPete wrote in post #13908031 (external link)
I'm guessing lawyer wouldn't get involved in such a small case would he/she?

If it's billable hours we're talking about, Hell yeah...


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gonzogolf
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Feb 16, 2012 09:35 |  #5

He should dispute her use with facebook. They will remove the images if he proves ownership.




  
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PhotosGuy
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Feb 16, 2012 09:35 |  #6

Copyright law of the United Kingdom (external link)

UK: Blatent Copyright infringement!

Ask a Copyright Lawyer Law. (external link)

Online Copyright Infringement Liability Limitation Act (external link)

Sample Cease and Desist Letter (external link)

Letter to hosting company:

Stock DMCA letters (external link)


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TexasPete
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Feb 16, 2012 09:55 |  #7

Cheers all,
However, I think the point is being missed...
A solution to this, not anybody suing anyone...
... or getting facebook to delete the images...
That way She doesn't have photos and my friend has no money...

Does He send Her an invoice for usage or is there another action?

What does a photographer do first instead of calling a lawyer.?

I'm U.K. based, we all dont have personal attorneys here.


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rick_reno
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Feb 16, 2012 09:59 |  #8

I doubt sending her an invoice is going to do any good, given she has already refused to take them down. Best bet is to contact FB, get the images removed and move on.




  
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team ­ haymaker
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Feb 16, 2012 10:03 |  #9

TexasPete wrote in post #13908180 (external link)
Cheers all,
However, I think the point is being missed...
A solution to this, not anybody suing anyone...
... or getting facebook to delete the images...
That way She doesn't have photos and my friend has no money...

Does He send Her an invoice for usage or is there another action?

What does a photographer do first instead of calling a lawyer.?

I'm U.K. based, we all dont have personal attorneys here.

I think you're missing the point. You asked what to do and have been told numerous times what the options are. You cant have it both ways.
She refuses to credit him, why would she pay him then if shes already refused credit alone? think about this alittle.


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gonzogolf
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Feb 16, 2012 10:21 |  #10

TexasPete wrote in post #13908180 (external link)
Cheers all,
However, I think the point is being missed...
A solution to this, not anybody suing anyone...
... or getting facebook to delete the images...
That way She doesn't have photos and my friend has no money...

Does He send Her an invoice for usage or is there another action?

What does a photographer do first instead of calling a lawyer.?

I'm U.K. based, we all dont have personal attorneys here.

So you dont want solutions? What is it that you do want? You do have solicitors that do that kind of work, find one. If he has asked her to stop using the images and she refuses, you have an impasse. Time for an outside agency to get involved.




  
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TexasPete
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Feb 16, 2012 10:25 |  #11

Because She needs to realise that she doesn't get this property for nothing...
So, by the above advice it means the law courts or having the images removed....

That's a lose lose situation.

I'm after a win win situation...

I'm not after having it both ways. simply looking for a respectable next move for a photographer in this situation.


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jfueng
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Feb 16, 2012 10:30 as a reply to  @ TexasPete's post |  #12

You could hire some thugs and intimidate her into paying.




  
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gonzogolf
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Feb 16, 2012 10:35 |  #13

If she is denied use, she might be motivated to pay and credit. If she gets a demand letter from a solicitor she might be inclined to reconsider paying and adding credit. Or perhaps the photographer in question can stamp his feet and wish really hard and see what happens..




  
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TexasPete
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Feb 16, 2012 11:30 |  #14

gonzogolf wrote in post #13908427 (external link)
If she is denied use, she might be motivated to pay and credit. If she gets a demand letter from a solicitor she might be inclined to reconsider paying and adding credit.

I have no idea why she refused to credit the photographer at the outset. Simple ignorance probably but 'motivating Her' is what i'm after... Solicitors cost money though...

I need to find a UK version of Gonzogolfs' stock letters.....

Officially written but not demonstratively legal...

It can pay to be nice about things and to keep kudos in a community such as we live in here in Southwest U.K..
Overt legal action doesn't get you far in the celtic world... gets you paid maybe but socially blacklisted also...

I've just found a uk based visual artists management company

Law courts, agression and napalm averted.

If all else fails I shall call in jfuengs' heavies. As long as they turn up well dressed and eloquently spoken all will be fine...

Or am I wanting to have it both ways again?

Cheers all.


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gonzogolf
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Feb 16, 2012 11:32 |  #15

A threat to sue is almost always a hollow gesture unless its on the letterhead of someone who might be prepared to do it.




  
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Image theft. Help please
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