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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 07 Jun 2012 (Thursday) 23:36
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Is my photo stolen????

 
TooManyShots
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Jun 08, 2012 22:01 |  #46
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FlyingPhotog wrote in post #14553083 (external link)
You ordered the sandwich. They didn't order the photo...


Sandwich and photos....it is getting more like this thread here...

https://photography-on-the.net …/showthread.php​?t=1192824


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FlyingPhotog
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Jun 08, 2012 22:05 |  #47

It's simple...

Do you want to be respected for defending the fruits of your labor or do you want to carry a reputation as an easy mark?


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Bosscat
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Jun 08, 2012 22:39 |  #48

FlyingPhotog wrote in post #14553083 (external link)
You ordered the sandwich. They didn't order the photo...

they stole it.and I'll be damned if I am gonna pay some over priced lawyer a penny to do what I can do myself which is send them a bill for using my image.

I don't show up at their place and take their stuff.


Your camera is alot smarter than the "M" Zealots would have you believe

  
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FlyingPhotog
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Jun 08, 2012 22:41 |  #49

Bosscat wrote in post #14553216 (external link)
they stole it.and I'll be damned if I am gonna pay some over priced lawyer a penny to do what I can do myself which is send them a bill for using my image.

I don't show up at their place and take their stuff.

It's pretty freakin' obvious they'd tear up an invoice and chuck it in the trash...

And probably laugh while doing it.


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Bosscat
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Jun 08, 2012 22:45 |  #50

Cause they think its OK to steal a photo when some of these same web designers will put a copyright notice or all rights reserved on the very websites they have used stolen photos on?

This reminds me of the people that had been training my sisters show horse and decided to let others ride it and then were stupid enough to post the photos on facebook, and then got all snooty when my sister wigged out.


Your camera is alot smarter than the "M" Zealots would have you believe

  
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FlyingPhotog
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Jun 08, 2012 22:47 |  #51

Let's also not forget that the rider featured prominently in the shot is promoting the event...

Think the offending party managed to get a release for commercial use? I'm guessing not...


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Dan ­ Marchant
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Jun 09, 2012 01:27 |  #52

Bosscat wrote in post #14553216 (external link)
they stole it.and I'll be damned if I am gonna pay some over priced lawyer a penny to do what I can do myself which is send them a bill for using my image.

You can certainly try sending them a bill and they may even pay it, but Jay is correct. You have no legal right to send one and couldn't enforce payment. Legally you can't charge someone for goods or services unless a contract (an agreement between both parties) exists. The whole point of your infringement claim is that they are using your image without your agreement. The two are mutually exclusive.

Of course they may well agree to settle when threatened with legal action (if they believe you are actually likely to go ahead). In which case you can agree license terms and invoice them.


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stanclark
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Jun 09, 2012 01:41 |  #53

companies steal images all the time....don't let them get away with it....


So if God made Man & Woman....whats his excuse for Nikon...

  
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Bosscat
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Jun 09, 2012 08:47 |  #54

Dan Marchant wrote in post #14553636 (external link)
You can certainly try sending them a bill and they may even pay it, but Jay is correct. You have no legal right to send one and couldn't enforce payment. Legally you can't charge someone for goods or services unless a contract (an agreement between both parties) exists. The whole point of your infringement claim is that they are using your image without your agreement. The two are mutually exclusive.

Of course they may well agree to settle when threatened with legal action (if they believe you are actually likely to go ahead). In which case you can agree license terms and invoice them.

Seriously.......thats like saying people have the right to do whatever they want to me....you guy are F&^%ed.

These theives need more then a rap on the knuckles, more like their lights knocked out.

I'm sick of lawyers and legalese screwing up and giving crooks more rights then honest people,


Your camera is alot smarter than the "M" Zealots would have you believe

  
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Jun 09, 2012 11:28 |  #55

FlyingPhotog wrote in post #14553097 (external link)
It's simple...

Do you want to be respected for defending the fruits of your labor or do you want to carry a reputation as an easy mark?

Exactly. It sounds like the OP is quite happy to be a victim and is satisfied with a pass to cover the event. Little does he know the organizers will most likely steal another image and the cycle continues.


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angryman
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Jun 09, 2012 11:34 |  #56

tcphoto1 wrote in post #14554827 (external link)
Exactly. It sounds like the OP is quite happy to be a victim and is satisfied with a pass to cover the event. Little does he know the organizers will most likely steal another image and the cycle continues.

Or...now he has credentials to cover the event, as in in discussions with the organisers about the previous use of his image, he may have opened the door to supply them an image in an official role.

You guys need to stop looking at everything like it is a crime. I know you (as a country) have a reputation for suing over anything you can, but seriously, if he's happy to let it go, maybe you all should.


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TooManyShots
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Jun 09, 2012 12:02 |  #57
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tcphoto1 wrote in post #14554827 (external link)
Exactly. It sounds like the OP is quite happy to be a victim and is satisfied with a pass to cover the event. Little does he know the organizers will most likely steal another image and the cycle continues.


Hahahahaha....well, you see, if I pissed off the local race organizers, maybe less than 4, I could pretty much sell my gear and forget about doing cycling race photography. :) No, he won't steal my photos in the future because I told him I could supply him with photos if he asks.


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team ­ haymaker
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Jun 09, 2012 18:08 |  #58

angryman wrote in post #14554843 (external link)
You guys need to stop looking at everything like it is a crime. I know you (as a country) have a reputation for suing over anything you can, but seriously, if he's happy to let it go, maybe you all should.

This business forum is litigation happy, everyone thinks you can just sue people and waste the legal systems time and resources.

OP, I think what youve done is good so far. You made a good connection and you can educate them about using the photos without permission. Now you can also have your photos used for future races and have a payment agreement. Chalk this one up to a marketing experience


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FlyingPhotog
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Jun 09, 2012 19:24 |  #59

TooManyShots wrote in post #14554955 (external link)
Hahahahaha....well, you see, if I pissed off the local race organizers, maybe less than 4, I could pretty much sell my gear and forget about doing cycling race photography. :) No, he won't steal my photos in the future because I told him I could supply him with photos if he asks.

So you went from being a victim of theft to a rape victim? Well Done...

:rolleyes:


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team ­ haymaker
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Jun 09, 2012 20:13 as a reply to  @ FlyingPhotog's post |  #60

it is well done because next time around when they ask he can provide an invoice, and if they dont wish to pay for it at that time atleast they wont use the photo (because at that time he could explain usage rules)


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Is my photo stolen????
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