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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 30 Aug 2017 (Wednesday) 04:06
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Unathorized photo usage

 
texkam
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Aug 30, 2017 04:06 |  #1

I gifted photos for a friends band. They use them for their marketing .... Facebook, flyers, and to supply to venues in case the venue wants to feature the band in their marketing materials. I'm OK with this usage.

Here's the problem .... A venue, a local brewery, has taken one of the photos and is now using it to promote their weekly Jazz and Blues night that feature other acts. Aside from that, they even took the liberty to crop in tighter thus eliminating my watermarked logo. Needless to say, I'll be contacting them tomorrow. So, how nice should I be? How would you handle this? And no, I don't like beer, so some free product on the house isn't really an option. I can overlook ignorance by a small potatoes mom and pop company, but this is a pretty big outfit with some first rate marketing help that should really know better. At the least, I want it either eliminated or to be compensated if they continue to use it. Somehow I think if I pulled an image off of their website for my for-profit use, they would be all over me. Ugh!

http://lakewoodbrewing​.com …uesJazzNight-1024x576.jpg (external link)

http://lakewoodbrewing​.com/ (external link)




  
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Jethr0
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Aug 30, 2017 04:55 |  #2

Send them an invoice for the photo.


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joeseph
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Aug 30, 2017 05:31 |  #3

If it were me & I was looking at persuing it, I wouldn't contact the Brewery at all without getting proper legal advice.


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Jethr0
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Aug 30, 2017 05:55 as a reply to  @ joeseph's post |  #4

That advice would probably cost more than the photo would fetch for commercial use.

Sending an invoice has been working for me. Sometimes they pay. Win.


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saea501
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Aug 30, 2017 06:37 |  #5

You could send them this information regarding penalties for stealing a picture and removing the watermark, along with an invoice for your picture.

Give them the choice of which one they would like to pay.

http://www.photoattorn​ey.com …e-music-to-your-ears.html (external link)


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https://www.flickr.com …282@N06/with/38​203470844/ (external link)

  
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texkam
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Aug 30, 2017 11:11 |  #6

Well, I got through to them by phone and they weren't dicks about it. I asked if I could send them an invoice and the person I spoke with agreed with no hesitation. He even offered to take it down in the meantime. I explained I wasn't interested in being difficult, but felt like I was due reasonable compensation and would work up an invoice with terms, to which he agreed. Yay!

Shame on me, I'm trying to get my arms around what a reasonable amount would be, for a single image, to promote this event. I usually charge larger fees for larger project work; something like half day to multi-day event coverage. For instance, $5,000 is good money for shooting an event yielding rights to100 images that will be used mostly for internal stuff, sell sheets and trade journal requests. I'm familiar with pricing tables for print runs. Single image web usage, not so much. I'm out of my normal zone here. Any help would be appreciated.




  
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ksbal
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Aug 30, 2017 11:38 as a reply to  @ texkam's post |  #7

I'd say keep in mind prices of single order downloads on stock photography sites. $50 to $250 is somewhere in the range to start, and then it depends on if they are only using a small image on a website, or larger image for prints and web and advertising on tv, etc...

Check some of the prices on getty image and shutter stock as if you were a buyer purchasing for one time use (not a subscription rate, ignore that).

maybe I'm low, but maybe you can get into a working relationship with them for some more work. that would be nice.


YN622 English User Guide/Manual by Clive
https://drive.google.c​om …Ig0gMMzZFaDVlZ1​VNTE0/view (external link)

  
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Scott ­ Spellman
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Post edited 9 months ago by Scott Spellman.
     
Aug 31, 2017 20:30 |  #8

For event photo third party social media and print use I charge $100 an image.




  
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Unathorized photo usage
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