My Photo Was Stolen!

[w0fcm]

A clients' mother was in Hobby Lobby browsing near the area where they sell picture frames and was shocked to see a photo of her daughter being used to sell a particular item. I took this photo of her in February of 2003 and have NEVER released or sold it to anyone and neither has she. I am sure whoever stole it simply downloaded it either off of my website or perhaps another website where I had posted it for critique or contest.
The photo below shows a snapshot I took of the girl yesterday holding the item. The photo on the right is the that was stolen.
Does anyone know if I have any legal recourse to gain renumeration for my photo?
Note: The item has sticker on the back indicating it was "Made in China".

[janetg]

wow - can you post a larger picture of that item?

[CaptainTom]

Fred, this is a joke right ?? You're just pulling our leg..

If not, a call to an intellectual properties attorney is in order.

[MelanieIvy]

How crazy is that! No idea on legal recourse - I'm sorry.

[Patti Edens]

Read the fine print in any contests you may have entered with this photo. In many contests you end up giving up the farm.

p

[picman]

Did you register your copyright? It is my understanding that unless it is registered, you cannot collect punitive damages and it would not be worth it to pursue.
This might be useful: http://www.scottkelby.com/blog/2008/archives/1645

[Ahh!]

start backpedaling thru threads for the words copyright or infringement...i hope the client is taking all this in stride...

[Ahh!]

Also, if you are a member of PPA, check this out.

[park]

I would do three things if I were you.

First, I would register my copyright.
Second, I would check out the company that did this to make sure of the depth of their pockets.
Third, I would find a good intellectual property attorney.

Good luck. Make them pay.

[ShaneKislack]

Wow, not only are they committing blatent copyright infringement, they are using the image of a minor for commercial purposes without a release.

Definitely register first, then call an intellectual property attorney.

[CobyPhoto]

Originally Posted by w0fcm

Note: The item has sticker on the back indicating it was "Made in China".

Ouch. Key to this whole mess. If you can find out who the manufactuer is and you want to pay for the legal expense to attack them, you might able to get them to take the photo off of their product. As far as getting damages and compensation for the photo's use...good luck.

It would be a total legal nightmare and very lenghty/hard process. (And unfortunately, you would have to pay the initial legal expenses to fight this battle.)

This is a pretty good example of why I don't post alot of work on the web...if you don't want it stolen, don't post it.

I would definitely pursue it to the point they at minimum take the minor's photo off of their product.

CJ

[ShutteredEye]

Unbelievable! Good luck!!!!

[CaptainTom]

You could also pursue it with Hobby Lobby. If they are aware that this vendor is supplying this product they might be able to put some pressure on the vendor to make it financially right for you. In a court of law, Hobby Lobby could be considered partially liable. They'd have to provide the sales figures and you might have a claim against them.
Legal issue for sure. Call the attorney and explain. If there is $$$ in it, they'll take it on contigency basis.

[JohnT]

I am aware of the integrity with which HL operates so I don't like the idea of pursuing something against them. They very likely know nothing about it (how would they), and it could end up being a total waste of time and money. However, asking for compensation from the manufacturer would be in order.

[barP]

i think hobby lobby is your best starting point. "made in china" simply means that's where the factory is. either hobby lobby or one of their suppliers probably created the marketing materials, but even if the chinese vendor did it, the supplier is still liable. you absolutely have legal recourse, but it's a question of how much it will be worth vs. your time and expense. if you don't have a copyright, you have less money coming your way.

for more good info check out carolyn wright at http://www.photoattorney.com/

this is her specialty!

wp.

ps. i wouldn't think in terms of lawsuits. think about a win-win solution that allows them to continue to use the image but gets you compensated fairly. find out what others would have charged to shoot this, then maybe approach the guilty party with that as a settlement solution. if it is hobby lobby, maybe you even get some store credit or something....