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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 22 Feb 2014 (Saturday) 20:33
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My photos being used without my consent...

 
pwm2
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Feb 24, 2014 11:29 |  #16

I would see it as a zero-money "work-for-hire" situation.


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seres
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Feb 24, 2014 13:41 |  #17

adam8080 wrote in post #16711627 (external link)
Whoa, slow down! First of all it sounds like you provided him with an implied license to use the images in the first place (unless you have something in writing) which is not revokable!

Again, if you sent him photos and allowed him to use them for a period of time regardless of payment and have no written agreement in place on licensing, then in fact you granted him a non revokable license to use the images. Now blasting out DMCA notices are only going to get you in trouble and set your self up to get sued especially if this guy is out to get you. Look up implied copyright licenses and talk to a lawyer before you dig yourself into a hole.

+1. Wait awhile, and then if you are still upset consult an attorney. If this escalates, everyone loses.


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Madwrench
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Feb 24, 2014 17:15 as a reply to  @ seres's post |  #18

If I'm understanding the situation correctly - life is far too short to spend time or energy on it.

The magazine photo was different, and you've handled that well. Let the rest go and keep the lunatic out of your head.




  
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Drakeskakes
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Feb 25, 2014 00:47 as a reply to  @ post 16713506 |  #19

This was never about actually taking legal action against him.

There is so much back story to the personal relationship, but he has threatened to sabotage a fishing tournament fund raiser I'm hosting because my own fishing team didn't participate in his tournament fund raiser. It's about as petty as it gets, he really doesn't have anything better to do with his time. I've tried countless times to just handle it like adults with him. I don't really intend to get "legal" with him, but I would like to have some sort of tangible, concrete proof of the law so I can say
"Hey man, listen, I've tried to be reasonable with you, but if you don't call off this petty assault, I'll have to have you remove my photos from your site, if you don't I will contact your web host"

yada yada. It's the last attempt at restoring some sore of civilized behavious to this already wretched scenario. His website is his "baby." He's trying to get famous for fishing and is promotion his website a lot, and most of his "High quality" photos are all from me, the rest are just cell phone photos and screen shots from gopro video


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the ­ flying ­ moose
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Feb 25, 2014 01:36 |  #20

I can sympathize with you. I have a couple of those "friends" I'm dealing with right now and its making things difficult and interesting to the point of police being involved.




  
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adam8080
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Feb 25, 2014 08:38 |  #21

I understand, but legally he has a right to use them however you see fit. Issuing a DMCA is "legal action" and if this guys wants it out for you can sue you, and win, because of his rights to these images.

Now the implied license by definition is not exclusive, so you are more than welcome to use the images however you see fit as well. It could mean giving them to competitors of his business, using them for your own needs, or producing derivative works from it. Regardless of copyright, you would be able to create a parody of the images as an artistic statement. Not saying that you should do these things, but you can if you would like. And this should be a good lesson for the future to get things in writing.


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My photos being used without my consent...
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