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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 27 Jul 2012 (Friday) 09:46
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Photo stolen - advice?

 
joeblack2022
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Jul 27, 2012 09:46 |  #1

I stumbled upon one of my photos today and it seems like the offender lifted it from the article where it was originally published.

I have let the soccer website I shoot for know and just wondering if there is anything that I should be aware of before I pursue anything.

I'm in Canada so not sure if that affects my options cross-border.

ORIGINAL ARTICLE (external link)

ARTICLE IN QUESTION (external link)


Joel

  
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Mark1
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Jul 27, 2012 11:22 |  #2

While I like to think we all should go after every offender. The short answer is, what will it cost to go after them vs. what will you recover from them. There is no point in going after them if it will cost $2500 for a $50 recovery. But at the minimum I would have a lawyer send then a letter, as well as a DMCA notice to the web host.


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mike_311
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Jul 27, 2012 11:37 |  #3

in the US the first step is the register the image with the with the copyright office. from that, I'd send them a bill and a take down notice, also contact their isp and let them know they are hosting copyrighted material.


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Thomas ­ Campbell
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Jul 27, 2012 11:38 |  #4

If you don't have it registered with the copyright office, you don't have many options other than having them delete it and asking nicely for a web use (actual damages) which will amount to less than $100.

If you first published the work within the last 90 days, you can register the image with the copyright office and have a good chance of a lawyer taking your case on contingency.


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JacobPhoto
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Jul 27, 2012 12:32 |  #5

Looks like a fan blog. Send a DMCA takedown notice and call it good.


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ssim
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Jul 29, 2012 06:16 |  #6

Thomas Campbell wrote in post #14777785 (external link)
If you don't have it registered with the copyright office, you don't have many options other than having them delete it and asking nicely for a web use (actual damages) which will amount to less than $100.

If you first published the work within the last 90 days, you can register the image with the copyright office and have a good chance of a lawyer taking your case on contingency.

As noted by the OP he resides in Canada and there is no method or requirement to register photographs here.


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ajaffe
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Jul 30, 2012 13:00 |  #7

Thomas Campbell wrote in post #14777785 (external link)
If you don't have it registered with the copyright office, you don't have many options other than having them delete it and asking nicely for a web use (actual damages) which will amount to less than $100.

If you first published the work within the last 90 days, you can register the image with the copyright office and have a good chance of a lawyer taking your case on contingency.

That is true to a point. If your image is watermarked and they cropped it out, then you can prove that there was intent which can command higher numbers than an image that is unregistered.


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LONDON808
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Jul 30, 2012 14:25 |  #8

Why bother trying to get legal, were you ever going to make money from that image more then likely not, just send them an e-mail asking to give you credit and a back link. If they don't then send a DMCA takedow.


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joeblack2022
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Jul 30, 2012 21:09 |  #9

I sent a note to the site owner to make him aware (if he wasn't already) of the photo in question and though I have not heard back yet the photo has been taken down.


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jazure
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Jul 31, 2012 14:10 as a reply to  @ joeblack2022's post |  #10

I have had some success just sending an invoice for the usage as well :)




  
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nathancarter
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Jul 31, 2012 14:27 |  #11

I think an invoice for usage would come before a takedown notice. Sell them the rights to use it. Offering to let them take it down if they can't/won't pay would be a secondary or tertiary step in the process.

Just my opinion.


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MartyB
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Aug 18, 2012 14:10 |  #12

jazure wrote in post #14795986 (external link)
I have had some success just sending an invoice for the usage as well :)


Does anyone have any good professional looking invoices examples ?


I just nocticed that I'd been infringed last weekend by a chamber of commerce type organization, in a national promotional brochure.

I already figured there wasn't much I could do about it, but I would like to send them a bill, in the hopes that some office clown not paying attention would just pay it.




  
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Croasdail
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Aug 18, 2012 15:56 |  #13

What a missed opportunity. Rather than snarking at them, it was an opportunity to find yet another venue for your work. People act like their pictures are the Mona Lisa. Honestly, had this been approached from the angle of they like your work, let them use that image, and you'll work with them on future images. What you ended up with is no incremental income, and a web site that you know will not give your images air time in the future.

There is the "right" answer... which usually leads to no new business... and there is the compromise answer where you could develop a broader relationship with other venues. Most people who do this do not have nefarious intent.


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DavidR
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Aug 18, 2012 15:57 |  #14

MartyB wrote in post #14875008 (external link)
Does anyone have any good professional looking invoices examples ?


I just nocticed that I'd been infringed last weekend by a chamber of commerce type organization, in a national promotional brochure.

I already figured there wasn't much I could do about it, but I would like to send them a bill, in the hopes that some office clown not paying attention would just pay it.

http://download.cnet.c​om …3000-2066_4-10437149.html (external link)


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MikeFairbanks
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Aug 18, 2012 16:58 |  #15

My pics get posted in the local paper sometimes, and I know that they have no clue as to whether they should use it or not. All I did was send a very kind note (essentially thanking them....although, you know....they are my photos), and asking for credit. The credits before were something like "photo: special" or something like that.

I told them they can use my photos however they like, including ads, but to give me credit.

However, I am not, nor do I really think I will ever make any money off pictures. I'm not really good enough in any genre to do it and probably never will.


Thank you. bw!

  
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Photo stolen - advice?
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