Firm using my photo w/o permission

[crfitchjr]

I need some suggestions on how to handle a situation where one of my photos is being used by a firm without my permission.
The problem is, I have a good working relationship with this firm, often selling them photos. But, recently I discovered a photo on their website that I took back in 2003. This photo was published in a trade magazine and on the magazine’s website.
I feel certain that an employee of the company I do business with took the file off that trade magazine’s website, put it on their website. Thinking, hey it’s on the internet, it’s free!!! I really don’t know how long they’ve used the photo.
Now the problem, I don’t have the original file!! It was lost due to a corrupted CD (2003 was a longtime ago, I had just transitioned from film to digital, and I’ve learned several things since then). All I have is a small version of the photo.
The trade magazine’s website still uses my photo and it gives me photo credit.
I know legal action is out of the question. The firm is large and has a staff of lawyers.
You ask, what am I looking for? I guess some type of payment for my photo and using it without my permission. I know right now I’m PO’d and I’ll just have to get over it.
My question, how can I handle this and how far should I push it.

[Rson]

Send an invoice for the use of the image and see what happens.

[Tom]

If you didn't copyright the picture, your options are fairly limited. You can't get punitive damages and your actual damages would be so low it wouldn't be worth suing.

[Angelo]

I think Rich is correct.
When they come back to you asking what the invoice is for, take that opportunity to tell them that they are using one of your images. Allow them to explain and go from there.

[ggeen]

Before you take any action, I suggest doing as much research as possible.

1. get the complete URL of the page on which the photo resides. (ex. http:/ /company.domain.com/index.html)
2. Get the name of the image file from the server if possible.
a. In Firefox, right-click on the image; select view image from the drop down menu. The path to the file name is in the address bar.
b. In IE, right click on the image; select Properties from the drop down menu. The path to the file name is printed next to Address:
c. In most any browser you can view source code. If you understand source code, the file and path names are often hard coded.
3. You may also save copies of web pages and file. I suggest doning so. I would then create and MD5SUM of the stored copies. If you do decide on legal action, it is necessary to prove authenticity.

As Thomas stated, if you did not file with the copyright office, then you will not be able to collect punitive damages. See the copyright's
U.S. Copyright Office - Copyright in General (FAQ)

[Mr KWA]

Well you can file now for the copyright and date your usage before theirs. As the unwritten copyright owner you do have proof of time and usage. Based on your information I can see how you would prevail.

I had a similar thing happen where I contracted to take a photo of a multimillion dollar home and did my thing to preserve ownership of the images and issued a limited release for usage. Once the companies contract expired with the home owner so did the usage. Well the owner took it upon himself to use my photo in other ads like Texas Monthly and other magazines. Well He didn't have any legs to stand on. I called the publishers and the informed me the Owner of the Home said he took the photo. I showed them proof of my contract and gave them 10 days to remove all usage of my photo or pay me $86,000. The photo never got published again. LOL

If you are in good standings with the business weigh your pros and cons. In good faith ask them to explain how they came about using one of your photos. They may not even know it was yours. Kinds of an honor to have them pull a random photo from the World Wide Web and end up with yours. :) And if this does not pan out in your favor tell us all who the company is and we will avoid them like the flu!

I can always ask my better half exactly what is allowed being as she is and IP specialist. But I pretty much think she will fall back on you show proof of ownership and usage first!

[SCone]

I'd call my attorney and have them handle it........