Hmmm K&N has stolen my picture...

So i was looking around on Google Images and came across a photo that was mine. So i followed the link and it took me to an article from K&N. Here's the article with my photo in it.
http://www.knfilters.c​om/news/news.aspx?ID=8​90
Here's the original:

I would write to K & N with a invoice enclosed for the use of the photo, and ask when and where they got it from, etc, this will prompt them to return a letter in answer to yours.

Good Luck..

Just invoice them for usage and let them know that it was copyright infringement and they are obligated to pay or you will sue.

Maybe it was removed, but you should always include your © info in the files EXIF fields. Then they can't say that they didn't know who owned it.

Not sure what you have done or asked for but I see they've removed it... you might have been better off asking for a picture credit...

I am eager to know the outcome of this....

Yeoer wrote in post #9393137
Not sure what you have done or asked for but I see they've removed it... you might have been better off asking for a picture credit...

Which definately puts food on the table.. ha
By bringing it to their attention, they were either going to pay you or take it down. Looks like they didnt want to pay.
Good shot!

They still had it up regardlessy of taking it down make them pay or they will keep doing it.

I would advise you to pick your battles, especially with a large company like this. If you have a contract saying that only "party A" can use your image and not give it elsewhere, and they distributed it anyways, go talk to the people that gave away your image.

One question Is the copyright registered? If it is then you have options which you don't if it is not.

Wayne

PhotosGuy wrote in post #9391589
Maybe it was removed, but you should always include your © info in the files EXIF fields. Then they can't say that they didn't know who owned it.

If they don't know who owns it, they do know they don't have permission to use it. Not being able to get a hold of the photographer on a picture they found online somewhere isn't a good excuse to use it anyway.

You do have a claim even if the copyright isn't registered, it's still your intellectual property so they still owe you for usage. K&N probably has photographers they hired to shoot racers they sponsor, so trying to get some business from them based on being cool probably won't get you anywhere.

I hope to took a screen capture of the site to prove your photo was up there, them send them an invoice & the screen capture with a link to your original watermarked shot on your site to prove it's yours.

If you start the conversation with a figure for their use and they force your hand, you are screwed. You cannot comeback with a higher number during litigation because you've already given them a number. I would talk to them about Intellectual Properties and try to negotiate a settlement. Show them that you are in control and want to play nicely before getting your IP lawyer involved. Do not lowball it simply to expedite the matter but start high and be willing to work with them. I would remind them that they walked away from the negotiation initially and now you understand why. You caught a thief and simply want to rectify the mistake.