Aaron Brothers Using My Image Without Permission

[Tedi17]

Last year June 2010 I had some prints made at Aaron Brothers. One image I had was on canvas and I had them stretch/wrap it. It turned out great!

Yesterday, I was in their store for the first time since that date and noticed that my image (the same one I had printed last year June) was laying on counter by the print area along with three other photos (mine was on canvas).

I ask the sales rep what they were using those photos for and she said we use them to show our customers the quality print job. I commented on my image (she didn't know it was mine), she stated ....yes this is a beautiful print on canvas see how the colors show on the canvas.

First of all, I never game them permission to use my image. Secondly, they made another copy of my image without my permission or knowledge and have been using it as a sample to show people the high quality of the print on canvas.

Do I have rights? Should they pay me?

Thanks in advance for responding.

[ChristopherCoy]

Unless you currently own a sprawling studio that's providing a full time income, I'd consider it free advertising. I might ask them to put my studio name or website on it, but that'd be about it. Take it as a compliment that they liked your image enough to put it in their front window.

[texkam]

Um, that's a huge no no on their part. That should never, ever happen without asking your permission FIRST, unless you signed something stating that they could, which I doubt. If you have a problem with it contact corporate. They need to know what their people are doing. Most places are very explicit about that. I know Walgreen's for instance, takes it very seriously, for it is a fire-able offense. If you don't have a problem with it, see Chris' post.

[Tedi17]

I'm honored they found it of excellent quality to us as a sample. I probably would have said okay for the advertising and would have asked that my business card and/or contact information be added to the print.

What I'm not okay with is them using it without my permission. But what's bigger than that ....they made copy without my permission. They had to take this off the print software after I left because I used a jumpdrive. I picked up my image about a week later. I had no idea they were using it until I walked in the store yesterday.

Thanks for the feedback.

[tomdrink]

I'd go in that store, and take a picture of it (phone camera, etc), to document that they have it on display. They are using your image as a marketing tool - without authorization. Do you still have the original file? That would help to document it also.
I would then contact their corporate office, to see what type of compensation they are willing to give you, for the six+ months of unauthorized usage. You never know, they may offer you something. Maybe not. I wouldn't pass it off as "free advertising" though. They are doing something wrong, and should be held accountable.
TomD

[SCone]

Originally Posted by ChristopherCoy

Unless you currently own a sprawling studio that's providing a full time income, I'd consider it free advertising. I might ask them to put my studio name or website on it, but that'd be about it. Take it as a compliment that they liked your image enough to put it in their front window.

So stealing from an individual is alright? Hardly... I would insist on being given proper credit for my work at the minimum.

[Tom]

Take a picture. Register the image with the copyright office. Contact the PPA office. Ask for compensation for them illegally making a copy of your image.

[Howard Barlow]

Have you considered you may have, in fact, agreed to this use as stated in their terms of service, much like online hosting galleries? You may have already given permission. Otoh, if you have not registered with the copyright office, you have no financial recourse other than whatever usual and customary fee you would have charged for such use. You may be able to demand they take the image down, depending on TOS.

As Thomas said, you may still be able to register the image, but it would not help if you agreed to TOS.

[blevey]

You still have time to register the image with the copyright office. Im gonna say that someone their saw your print and thought you would never see it again displayed in the store and would use it as a selling point. Our industry is so tough to enforce...knowing where your images are being used illegally is tough.

I'd approach the manager if not a regional manager and let them know your not happy about this and to either cease or somehow remunerate you with store credit towards more prints or frames or whatever yall agree on. Or obtain a lawyer who is knowledgeable in intellectual property see what kinda damages you can get.

Here is all you need to know to register!!

ow to Register Images at the Copyright Office
By Carey Stumm, eHow Contributor

Although an image is automatically copyrighted the moment it is created, registering the image with the U.S. Copyright Office helps to maintain the provenance during the life of the picture. A visual work created any time after 1977 is protected until 70 years after the creator's death, therefore the origin can easily be lost over the life span of an image. Registering an image with the Copyright Office makes it easier for people to find the owner or the copyright holder to enforce his rights in a court of law. Registration can be done electronically or through the mail. Images can be registered as a series or individually. Images can be transferred to the Copyright Office electronically or through the mail.

Difficulty: Moderate
Instructions

Electronic Copyright Office (eCo)

1
Sign in to eCo U.S. Copyright Office - Notices

2
Create an account by completing the registration form and contact information. This will create a profile for you so that you can track all of your claims.

3
Fill out the application which includes the type of work, title, author, claimant (if different than the author), limitation of claims, rights, correspondent (the person the copyright office should have on record as the contact), permission and publication information.

4
Set up a method of payment. Payment can be made by credit card, electronic check or thought a deposit account.

5
Upload a digital copy of your image(s) or print out a shipping form to mail a copy. If you are copyrighting a collection of images such as a roll of film you can scan or print out a contact sheet and send that to the Copyright Office. The following digital image formats are accepted:
.bmp (Bitmap Image)
.dwg (AutoCAD Drawing)
.dwf (Autodesk Design)
.fdr (Final Draft)
.gif, .giff (Graphics Interchange Format)
.jpg, .jpeg, .jfif (Joint Photographic Experts Group)
.pdf (Portable Document Format)
.pic, .pict (Picture File)
.png (Portable Network Graphic)
.psd (Photoshop Document)
.pub (Microsoft Publisher)
.tga (Targa Graphic)
.tif, .tiff (Tagged Image File Format)
.wmf (Windows Metafile)


Bob

[Tedi17]

Thanks everyone for the feedback and advise.

I'm definitely contacting their headquarters tomorrow to discuss. I've spoken with a couple of their stores outside of our area and they've said it would be against their policy AND a violation of copyrights. One guy told me I should call their headquarters and get an attorney.

I have the receipt...I actually had it printed on canvas on 5/30/10...it's 16x22. I did take a picture of the image in their store yesterday.

It blows me away that they would make another copy. Keep in mind, the orginal was printed while I was there. They had to save a copy and reprint without my permission. They've been using it as a marketing tool for their canvas print quality for 9 months.

I'll keep everyone posted. {smh}

[camera shy]

If someone steals something from someone it's not OK to tell them to just tell the thief " I know you stole my property and I want you to stop stealing" or " I know you stole my property and don't forget to put my name on it now."

They profited, or intended to profit from your work. It's likely the store people aren't aware they stole your property but the company that employs them is liable for their actions.

Make them pay for the time they used the property and negotiate a continuing fee for them to remain using your property.

[brad]

Stuff like this is why PPA membership pays for itself.

Let us know how it turns out..

[texkam]

They've been using it as a marketing tool for their canvas print quality for 9 months.

They profited, or intended to profit from your work.

They have used your work for profit and unless you signed something that gave them permission you are entitled to compensation IMHO. I would insist on it and would aggressively seek it. With documented proof this should be a no-brainer.

[Jake]

Originally Posted by Howard Barlow

Have you considered you may have, in fact, agreed to this use as stated in their terms of service, much like online hosting galleries? You may have already given permission……..

This is what I was thinking.
I work at a commercial print shop and we keep samples of jobs all the time. It's written in our TOS, but I doubt people read it.
Commercial printing is different, but still. If they don't already, they should have it in their TOS.

[texkam]

Commercial printing is different, but still. If they don't already, they should have it in their TOS.

That might prove problematic for a retail establishment for it could produce many upset customers who don't always see this world the same as commercial customers. It's a trust/privacy issue that retail customers tend to be touchy about.