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Thread started 17 Sep 2007 (Monday) 22:01
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A newspaper stole a photo of mine! Help!

 
breal101
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Sep 18, 2007 10:21 |  #16

S7000 wrote in post #3955633 (external link)
Haha, that's a really good idea! Print out an 8x10 (watermarked of course) and send it off with an invoice to the journo who wrote the story saying payment is required within 7 days or it will be taken to court... :lol:


That would be a good idea in part, by all means send a bill but the threat of court could be viewed as empty by the newspaper. If the copyright on the image wasn't registered before the infringement took place it only qualifies for actual damages. The newspaper is only liable for what they would have paid to publish the picture, plus court costs. Maybe 35 to 200 dollars in the states, hardly worth pursuing in court. There seems to be a misconception about just what the Copyright law says. If the image is registered before infringement it qualifies for a penalty of up to 150 thousand dollars ( I think that figure is correct) for each infringement. The "up to" is the key, the penalty is decided by the court.
The lesson is to register your images before you post them on the web, clearly mark them as registered and dare anyone to use them without permission.


"Try to go out empty and let your images fill you up." Jay Maisel

  
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lmelendez
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Sep 18, 2007 10:42 as a reply to  @ breal101's post |  #17

I don't want to play devils advocate here... but I have a few questions, specially because I can't see a news paper going through the trouble of cloning out the watermark. Sounds very risky to me!

1. When you took the picture, was the car just standing there or it was parked just for you? is there any chance somebody would've taken a similar picture?
WHY? It happened to me... I took a picture and saw an identical one somewhere else. Contacted the supposed owner... and we both produced the RAW picture :) There was no way he could've stole my raw, so I was convinced he actually took it.

2. Have you asked them where they got the picture? maybe somebody else stole it, cloned it out and upload it to one of the stock agencies. THAT... I've seen it happening.

Just don't run and blame the news paper just yet. Talk to them first.

Leo.


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Ronald ­ S. ­ Jr.
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Sep 18, 2007 11:13 |  #18

Number 1 wouldn't be likely at all...same DoF, light gradations, etc.

Number 2 is pretty likely.


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gjl711
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Sep 18, 2007 11:21 |  #19

lmelendez wrote in post #3955950 (external link)
...Just don't run and blame the news paper just yet. Talk to them first.

Leo.

I agree, don’t threaten, don’t rant, head to the newspaper office and speak to the editor. Bring your pic. It may be that an over zealous reporter took the pic, cloned out the watermark and claimed it as his own. If so see if the paper will compensate appropriately. If they tell you to go pound sand, that’s when you escalate. I have found that many times management is not aware of what is happening and when they learn of it are willing to make things right.


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mavericksupersonic
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Sep 18, 2007 14:21 |  #20

Ferosso wrote in post #3952611 (external link)
I don't have it public anywhere, and the photos I've got of it on my website, is in a flash gallery with disabled right click, and it has a watermark on, and as you can see, the pic in the newspaper has no watermark!! I really don't know where they got it!?


I think even with the disabled right click there are ways to save the picture. I know if people were to disable some options in their browser settings, they would be able to get around the right click protection. That's probably what happened in this case.


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Crashoran
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Sep 20, 2007 02:48 |  #21

Keep us updated!




  
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S.Horton
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Sep 20, 2007 06:13 |  #22

S7000 wrote in post #3955633 (external link)
Haha, that's a really good idea! Print out an 8x10 (watermarked of course) and send it off with an invoice to the journo who wrote the story saying payment is required within 7 days or it will be taken to court... :lol:

At least in the USA, if I bill someone the controller gets the invoice.

If the controller gets a letter such as the one shown below, here is what s/he is supposed to do:
1. Create a form to authorize payment
2. Summarize the item for management
3. Present the document for signature
4. File the signed copy
5. Pay the bill

Note how that escalates directly to someone with the ability to approve money payments. In your case, that's exactly who needs to know this happened.


Dear [accountant/controller​]:
Attached is a printed copy of the image run in your paper on (date) from my portfolio, followed by a copy of the page on which my photo was run.

While I appreciate the implicit acknowledgment of my skills and would like to thank the editor(s) personally, I would also like to be compensated.

To that end, please remit $2,900 to the address above, make the check payable to me. The amount is more than fair, considering the potential for controversy and embarrassment for everyone involved.

If you have any issues at all with this request, please notify me in writing of your reason(s) for non-payment.

Sincerely,
[]


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A newspaper stole a photo of mine! Help!
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