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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 21 Mar 2016 (Monday) 11:26
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Recommendation on license fee for photo

 
Nethawked
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Mar 21, 2016 11:26 |  #1

Hi,

I found that one of my photographs was seriously doctored to mask it from the original and used on a website to advertise very high end services. I am in contact with a copyright attorney, and I suspect the next question is going to be what my normal fee would be. This is relatively new territory for me and I'm guessing the fee would be based on the type of business, number of anticipated website hits in a given timeframe, etc. I'm asking for guidance, without sharing a whole lot more info, on my next steps in terms of price.

Thanks in advance to anyone who can share some wisdom.




  
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sfaust
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Mar 21, 2016 19:05 |  #2

It would be hard to anyone to give you pricing info with out a lot more information. Pricing is very dependent on the actual usage, context, copyright registration status, etc. If you have registered the image, and the copyright infringement is deemed to be wilful, the usage fees will matter far less as the statutory penalty will probably be much greater. If the image is unregistered, you may not have much leverage and make it unworthy of pursuing. Talk with your attorney. His 'first questions' will be quite different from your own.


Stephen
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PhotosGuy
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Mar 21, 2016 21:17 |  #3

sfaust wrote in post #17943664 (external link)
If the image is unregistered, you may not have much leverage and make it unworthy of pursuing.

Unless you had a © notice on the image. Carolyn E Wright's blog says: (external link) Section 1202 of the U.S. Copyright Act makes it illegal for someone to remove the watermark from your photo so that it can disguise the infringement when used. The fines start at $2500 and go to $25,000 in addition to attorneys' fees and any damages for the infringement.


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tcphoto1
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Mar 22, 2016 09:32 |  #4

You are asking an impossible question. What is your CODB? Are you an established Professional, moderate experience or a new photographer? What have you billed for similar projects in the past? What size is the infringer? How were the images used, Advertising, Marketing materials, website only to name a few? How did they get the image? You've got to find these things out before you can expect anyone to throw a number out there. The rational over the past decade or so has been to calculate what you may have done the project for and multiply the number by three to five and settle out of court. If you read the LOC website, you will see the maximum penalty for Copyright Infringement is $250,000 per occurrence but that is a lofty number and you'll need to go through the Federal Court to attempt that number.


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sfaust
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Post edited over 5 years ago by sfaust. (2 edits in all)
     
Mar 22, 2016 09:58 |  #5

PhotosGuy wrote in post #17943813 (external link)
Unless you had a © notice on the image. Carolyn E Wright's blog says: (external link) Section 1202 of the U.S. Copyright Act makes it illegal for someone to remove the watermark from your photo so that it can disguise the infringement when used. The fines start at $2500 and go to $25,000 in addition to attorneys' fees and any damages for the infringement.

That's correct, and is one nice exception! And then some photographers criticize others for adding a watermarks. You can't win sometimes :)

P.S. Holly crap PhotosGuy. I know I haven't been around much on the forum for some time. But you're up to 71K posts! Thats a lot of words! Kudos!


Stephen
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PhotosGuy
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Mar 22, 2016 11:40 |  #6

Thanks, Stephen. And that's two fingered typing, too! :lol:


FrankC - 20D, RAW, Manual everything...
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sfaust
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Mar 22, 2016 13:39 as a reply to  @ PhotosGuy's post |  #7

Lol, I 10 finger type and no way I'll ever be able to catch up :)


Stephen
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Jethr0
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Mar 22, 2016 18:08 |  #8

I have had a number of my photos reused for various purposes over the past few years. Sometimes it's flattering. Sometimes it's annoying. Sometimes the individual claims they took the shot.

In the case of commercial websites I email them and advise a photo credit is required. The two times I caught this they were apologetic and provided a prominent photo credit and one engaged me for more pictures based on my handling of their faux pas.

So what I'm saying.....is it really worth getting bent outta shape?


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JacobPhoto
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Mar 24, 2016 18:36 |  #9

Nethawked wrote in post #17943125 (external link)
Hi,

I found that one of my photographs was seriously doctored to mask it from the original and used on a website to advertise very high end services. I am in contact with a copyright attorney, and I suspect the next question is going to be what my normal fee would be. This is relatively new territory for me and I'm guessing the fee would be based on the type of business, number of anticipated website hits in a given timeframe, etc. I'm asking for guidance, without sharing a whole lot more info, on my next steps in terms of price.

Thanks in advance to anyone who can share some wisdom.

What is the 'standard fee' for an athlete?

Well, that depends. What country? what sport? how prominent is this athlete? Is the athlete the guy who's going to sell jerseys out? Or is he just another player on the bench?

Same applies to photography. An athlete who's the 12th player on the bench in a European Basketball league is going to make less than a starting 5 player on a good team in the NBA, even though they play the same sport, just in different countries. A good player on a prominent team is going to make more than a 'role' player on a less prominent team in the same country. It's all about location, visibility, distribution, and how valuable the image is to the advertiser. All of the 'professional basketball players' listed above have the same skillset of being able to make a basket with reasonable frequency, a skillset that someone's son / daughter / friend can probably replicate on a small scale, but the reason they are paid (and at different rates) is directly proportional to their value to the organization they are playing for at the time.


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Recommendation on license fee for photo
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
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