How do i get compensation for someone using my work?

Hello all,

I hope this topic hasnt been covered too much, i tried looking back through the pages by couldnt find anything.

Anyway. Long story short. I do live concert photography with an artist that I am fairly close with. One photo in particular turned out to be marketable, usable, blah blah for this artist.

I sent this artist this photo along with several others in a "hey, look at these cool shots i got for you!" type of way...

Fast forward 3 months, I am seeing this picture all over the internet used by a promotional (concert-booking) company, advertising to bring this artist to your city, with out my permission mind you..

Last night, he sold out a show of 1,200, and im sure he will do it again on this same tour. How do i get some type of compensation for this? If they are bringing in over $15,000 dollars a show, and using my picture as one of the main pictures for their advertising, it should only make sense that i get a piece of that right?

What should my next step be? Contact a lawyer? Is there an industry standard % or $ that i should be receiving?

I work for a record label doing photo/video but I definitely do not consider myself a seasoned vet when it comes to the business of photography. Any help is appreciated!


edit for shameless promotion: http://Flickr.com/eric​battin

Is the image registered? I would start there. You cant do to much about it unless it is registered.

Always use a copyright brush on any work untill a price has been fixed, you fkickR site photos have no © (or nothing else) on them, anyone can take them..

Ericbattin wrote in post #11651703
I sent this artist this photo along with several others in a "hey, look at these cool shots i got for you!" type of way...

Well, since you sent the artist several pictures unsolicited in a "look at these cool shots I got for you" type of way, I could see where the artist might reasonably assume you got those images for him - as in you did it for him, as in it may be nice thing you did for him.

Given that you gave him the photos both unsolicited and with no contract or such, I think it would be only reasonable to first approach the artist asking them to not use that image without compensation.

I don't know whether you'd be successful getting lawyers involved anyways - or at least successful in getting anything more than the photos not being used any longer.

Show up at the events and sell your 8x10's to the fans.

Of course that idea will go over like a lead ballon, when the promoters get wind of it.

Eric-

A lawyer is the only path to get financial compensation for the photos. Sending your pictures to potential clients via email without critical details is a very unsucsessful business technique.

Best of luck-
Scott

Mark1 wrote in post #11652115
Is the image registered? I would start there. You cant do to much about it unless it is registered.

Registered where and how? Copyright is automatic, look up the Berne Convention.

You could always send them an email (or something that you will have record of) with an invoice, otherwise I'm going to assume you have to decide weather seeing a lawyer is worth what you're going to make out of it or not.

And finally, learn from the situation.

CallumPhoto wrote in post #11655597
Registered where and how? Copyright is automatic, look up the Berne Convention.

Why do so many people feel so inclined to post authoritative bull**** on topics that they know nothing about?

If the photographer is in the U.S., then yes, in all likely hood recovering money will require that the photo be registered at the U.S. Copyright office prior to infringement. It's not impossible to recover money in instances where you haven't registered, but it's much, much harder.

chakalakasp wrote in post #11655987
Why do so many people feel so inclined to post authoritative bull**** on topics that they know nothing about?

If the photographer is in the U.S., then yes, in all likely hood recovering money will require that the photo be registered at the U.S. Copyright office prior to infringement. It's not impossible to recover money in instances where you haven't registered, but it's much, much harder.

Hey settle down now, you've read my post and taken it the wrong way. That applies to the U.S. and the U.S. only. Contrary to what some Americans appear to beleive, it's not the only country in the world, now I don't know that much about U.S. law because I don't live there but I've been told/taught it's only atterny fees and one specific "type" of damages that the U.S. requires you to have registered the work.

You're worked up about something that applies to the U.S. right after you said "If the photographer is in the U.S.".

Copyright might be Automatic but, where and how you park it, will setup how much you will get out of Reverse.

CallumPhoto wrote in post #11655597
Registered where and how?

http://www.copyright.g​ov/eco/

CallumPhoto wrote in post #11655597
Registered where and how? Copyright is automatic, look up the Berne Convention.

Yes copyright is automatic. But there is basically NO legal protection until it is registered. 99% of lawyers will not even take the case until it is registered. Because no court will hear the case of a unregistered image.

Somebody needs to do a bit more reading themselves......

Can someone please explain how one goes about 'registering' an image in the UK? I've never heard of this practice and was naive enough to believe that my images were automatically protected via copyright.

Best regards,
jason

Jason -- "registration" may not be relevant in the UK, I think it's been mentioned only in regards to US law so far.

Eric -- generally, photographers don't know sh*t about law, even if we all think we do. The only way to really be sure is to shell out the money to talk with a lawyer with knowledge of this specific area of law (ie., don't ask your brother-in-law real estate attorney). Good luck.

Mark1 wrote in post #11658212
Somebody needs to do a bit more reading themselves......

Aren't we still at the stage where this ONLY applies to the U.S. and we don't even know where our photographer here is from. If that's correct then that someone isn't me. Either way I would still suggest you figure out how much it's going to set you back and decide is it worth all of it and/or learn from your mistakes.

Well, if I were you, I would just stop taking pictures of the concert or the group all together. Until there is a demand for it. Then, the group will approach to you and you begin to negotiate the price and compensation. Back tracking the copy right of your shots maybe a bit pain in the butt. Also, it may not be considered cool by the group which you are hoping they may actually pay you in the future.....for future shots....