Has my photo been illegally used?

I have contacted a local attorney who specializes in Copyright law. As I figured, being as it's 6.40pm, no one was there to answer, so I left a message briefly describing the situation and leaving my name and number. I shall be keeping this thread up to date.

Thanks again for all the help. I appreciate it.

Just remember though, if you had posted those photos on Flickr, flickr's terms allow them to hold nearly full copyright privileges for the duration that they are there, if they are publicly viewable. Might get complicated if Yahoo! is the source of the problems.

The lawyer has called me back and she thinks that my best course of action would be to figure out what I would have charged if Nikon had asked me for my permission to use the photo, and contact them with that amount. Anything past that would be very expensive litigation that she figured I would probably not pursue (and she'd be quite right). Also, she stated that since the web-ad for this is using my photo as well, and without copyright credit... that is something substantial, and I could pursue that at least, if Nikon tells me to go to hell, or what have you.

Now I need to figure out what I'd charge for it.

Wow, they've got a circulation of 2,085,000. That's a lot more than I thought.

Dont forget to add the following to your total cost.
The "I didnt have a choice or say in the matter" fee
the "Stress, worry, and chance to loose out on this endevore" fee
the "I didnt find out you would have gotten away with it for free" fees
Plus lawyer fees.

Also I charge $30 per hour for general services.
That is my standard "what my time is worth".
I spent about 15 minutes in this thread reading and giving advice.
=)

aepoc wrote in post #5329454
Wow, they've got a circulation of 2,085,000. That's a lot more than I thought.

Great now head over to Getty and sign up. Now do a search as if your an art director or add buyer look for web usage based on circ + usage time and that should give a clearer picture on Really HOW much they would have had to pay.

Best of luck!

Hi

I noticed on the PopPhoto website that your image in the Gallery can be printed and emailed so their publishing it and its potential illegal distiribution could be vast.

You would have thought that a photographic publication would know to confirm the copyright and license details of all images it maks use of ~the cavalier approach of newspapers is well reported but photomags.........c'mo​n

I just realized something...

It's possible that Nikon got my photo from iStock. I completely forgot about it, for a very long time. About two months ago I contacted them requesting to cancel my account (which they still haven't gotten back to me on). Dammit. I need to see how Nikon got my photo, but I'm pretty sure that iStock will be the answer. As if I wasn't done with iStock before.

Yup, looks like microstock got you published.

http://www.istockphoto​.com …pitol_city.php?​id=2177529

Fu*k my life.

aepoc wrote in post #5329939
Fu*k my life.

DOH!

live and learn,that happened to me once. only photo i had uploaded sold te 40 cents is still in an account there lol,3 years now woo hoo

No possible lawsuit with istock because they didnt close your account?

That sucks

I don't know about getting into it with iStock. I'm still going to contact Nikon to see if they'll tell me where they got the image. I also would like to tell them that it was taken with Canon gear.

I hold true to this though: I'm happy that my photo is in a publication with a two million plus circulation.

Thanks again all.

ha this was funny reading all of this. Sorry aepoc u couldnt of had some skrillz in ur pocket.

I think its funny this was taken with Canon Gear. ha