Got a settlement! :)

If you don't understand Intullectual Properties, find someone who does. It's one thing to use an image on a website but an entirely different matter when they remove the watermark and use it in an advertisement. Registered or not, it's another ballpark when it's time to negotiate with the offending party. Of course, they settled in record time when you throw that number out there.

OhLook wrote in post #17736739
Did you have a lawyer?

Well, I said, "...might have reached $25,000". You got more than the $2,500 minimum, which isn't all that bad for a few phone calls, no?

Robbed, both ways. Bummer. Better than a kick in the teeth I suppose.

PhotosGuy wrote in post #17736763
Well, I said, "...might have reached $25,000". You got more than the $2,500 minimum, which isn't all that bad for a few phone calls, no?

Exactly. I have no idea what the OP could have likely recovered, but no defendant settles for the maximum amount unless a case is so bad that they're happy enough to get a non-disclosure agreement. The calculation is always diminished by various things likes litigation risk, then legal fees. There's value in lickety split resolution too.

How many ads did they place, over what period of time, National or Regional, size of ads?

I just went on Alamy and entered up to 6 placements, over 3 months, 1/2 page ads in a National Publication and it spit out $2700 and I would multply that by at least three because they stole it and add for use on their website. I would have started the negotiation at 10K only if you didn't register the image with LOC. If it was registered, I would have handed it off to Carolyn Wright and let her do her job. I suggest that you look at the LOC website and read about maximum penalties which may make you sick that you didn't spend the $35 to register. You let them off the hook.

tcphoto1 wrote in post #17736760
If you don't understand Intullectual Properties, find someone who does. It's one thing to use an image on a website but an entirely different matter when they remove the watermark and use it in an advertisement. Registered or not, it's another ballpark when it's time to negotiate with the offending party. Of course, they settled in record time when you throw that number out there.

I did have a lawyer. We just didn't wanna drag the matter. My guess is watermark was removed because picture was cropped slightly to fit it in the page. Add was placed in to the bottom third of the magazine.

PhotosGuy wrote in post #17736763
Well, I said, "...might have reached $25,000". You got more than the $2,500 minimum, which isn't all that bad for a few phone calls, no?

Nope not bad at all.

FarmerTed1971 wrote in post #17736765
Robbed, both ways. Bummer. Better than a kick in the teeth I suppose.

Agreed.

PineBomb wrote in post #17736771
Exactly. I have no idea what the OP could have likely recovered, but no defendant settles for the maximum amount unless a case is so bad that they're happy enough to get a non-disclosure agreement. The calculation is always diminished by various things likes litigation risk, then legal fees. There's value in lickety split resolution too.

tcphoto1 wrote in post #17736795
How many ads did they place, over what period of time, National or Regional, size of ads?

I just went on Alamy and entered up to 6 placements, over 3 months, 1/2 page ads in a National Publication and it spit out $2700 and I would multply that by at least three because they stole it and add for use on their website. I would have started the negotiation at 10K only if you didn't register the image with LOC. If it was registered, I would have handed it off to Carolyn Wright and let her do her job. I suggest that you look at the LOC website and read about maximum penalties which may make you sick that you didn't spend the $35 to register. You let them off the hook.

I don't know if there were any other adds before this one. We didn't search for it.

Yeah this one picture and if you look at the amount of effort it takes to get a little more money it's really not worth it. No judge is going to award the maximum amount over a single picture considering that this wasn't a huge company to begin with.

I think that is a great result. You caught them, they settled, minimal fuss and bother.

Thanks for posting, good thread and good resolution.

You could have fought for more - and you could still be fighting for it years from now. There's a lot of value in a fast resolution.

[edit] Did the models get a cut? Did they pursue it separately? Since right of publicity varies by state, I wonder how that sort of thing is handled if it's a national magazine that goes out to every state. Maybe it's just handled in the state in which the magazine is published.

nathancarter wrote in post #17737587
Thanks for posting, good thread and good resolution.

You could have fought for more - and you could still be fighting for it years from now. There's a lot of value in a fast resolution.

[edit] Did the models get a cut? Did they pursue it separately? Since right of publicity varies by state, I wonder how that sort of thing is handled if it's a national magazine that goes out to every state. Maybe it's just handled in the state in which the magazine is published.

We (me and my lawyer) kept the models in the loop from the start so they were getting bcc of the emails during negotiations. We didn't want them to think there was more money than what we settled for and they both got a cut from the negotiated amount. They are both happy because to them it's just found money. Lol.

Yeah I don't know how each state works when it comes to publishing rights. Hopefully someone with knowledge will chime in.

Don't forget the other big win you have here: You have your foot well in the door of a paying client. Exploit this point.

They've already used your services, if in a rather round about manner, so obviously what you produce is good enough for their needs in their eyes. Keep in touch with them, and up sell yourself as a known and trustworthy source of images that will help them avoid any kind of accident in the future that could land them in the sights of a far less forgiving photographer if there is another mixup.

Luckless wrote in post #17737818
Don't forget the other big win you have here: You have your foot well in the door of a paying client. Exploit this point.

They've already used your services, if in a rather round about manner, so obviously what you produce is good enough for their needs in their eyes. Keep in touch with them, and up sell yourself as a known and trustworthy source of images that will help them avoid any kind of accident in the future that could land them in the sights of a far less forgiving photographer if there is another mixup.

I don't know about that. The OP already stated that they declined the offer to license the image for continued use. Sounds like they're either too cheap or possibly chilly to any further relations.