Pixtus - Photography Forum, Photographers, Photo Tips

merock · **Unauthorized Photo Use -** 01-06-2010, 12:24 PM

I had a friend whos image got lifted off of Picasa, and ran in a magazine without his permission. I blogged about it, and included the email exchange between him and the photo editor. Good read IMHO:

Unauthorized Photo Use : Merrick Ales Photography

dmcantrell · 01-06-2010, 12:29 PM

awesome read, thanks for posting

mjdmike · 01-06-2010, 12:36 PM

Interesting blog, excellent repsonse by the photographer, and a good outcome. It's amazing just how reluctant some publishers are to pay.

How many times did he think "I'm sorry we ran the photo without your consent." was going to right the wrong.

L Stegall · 01:28 PM

Very well handled. I can't speak for this publication, but I think this happens more than anyone realizes in many different situations. I helped a neighbor whose image continued to be used in a NATIONAL AD CAMPAIGN after the expiration of the original agreement. Did they really think he wouldn't see the billboard with his image plastered on it months after the license ended? The ad agency's initial response was to play dumb about how it happened as well and to offer him peanuts.

Some Idiot · 01-06-2010, 01:24 PM

interesting read

janikphoto · 01-06-2010, 03:32 PM

They had to pay the $325 asked, though smaller magazines like that normally have an assignment rate of $150 to $300. I think he got fair compensation at $325 for sure. Good thing he had someone catch it!

I'd love to see his ACL pics. Anyone know where to find them?

brad · 01-06-2010, 08:18 PM

I just posted this as a comment on the blog.. and thought I'd add it here too....

Just as a side note.. its a nice threat, but he would not be able to sue for damages or recovery costs (the lawyer's costs) unless the image had been registered with the US Copyright Office. Now, you can threaten that all you want, of course.. and it worked for him here... but if he had not registered the image, it is highly likely that he would not have found it cost effective to actually hire a lawyer to pursue it.

miffed67 · 01-06-2010, 08:18 PM

+1! I've been wanting to go to ACL for some time, just never seem to be able to make it to Austin when they have it!

merock · 01-06-2010, 10:39 PM

Quote:

Originally Posted by brad

I just posted this as a comment on the blog.. and thought I'd add it here too....

Just as a side note.. its a nice threat, but he would not be able to sue for damages or recovery costs (the lawyer's costs) unless the image had been registered with the US Copyright Office. Now, you can threaten that all you want, of course.. and it worked for him here... but if he had not registered the image, it is highly likely that he would not have found it cost effective to actually hire a lawyer to pursue it.

So are you saying that we have to register every single image that we take in order to own full copyrights to them? My guess is that he could sue and win just fine due to Intellectual Property laws.

merock · 01-06-2010, 10:43 PM

Quote:

Originally Posted by janikphoto

They had to pay the $325 asked, though smaller magazines like that normally have an assignment rate of $150 to $300. I think he got fair compensation at $325 for sure. Good thing he had someone catch it!

I'd love to see his ACL pics. Anyone know where to find them?

He would like to remain anonymous which is why I took out his last name and his link etc..... I'm sure if someone REALLY REALLY wanted to find out who he was they might be able to, but out of respect for his privacy, I ask that you please don't post anything here about this. I just wanted to share this experience with people here in the photographic community. Thanks.

texkam · 01-07-2010, 12:05 AM

Quote:

it is highly likely that he would not have found it cost effective to actually hire a lawyer to pursue it.

$325 + court costs in small claims I believe. I was told small claims judges generally frown on lawyers. The whole process is a PITA (for both sides). Sounds like both sides got good legal advice.

brad · 01-07-2010, 12:16 AM

Quote:

Originally Posted by merock

So are you saying that we have to register every single image that we take in order to own full copyrights to them? My guess is that he could sue and win just fine due to Intellectual Property laws.

No, you own full copyrights on them.

Its that you don't get the protection of seeking *punitive damages* without registration.

Editorial Photographers - Copyright

How Do I Copyright My Photo?

Wes · 01-07-2010, 07:09 AM

Very interesting read.

VisualOddity · 01-07-2010, 10:38 AM

Wow! That was well played! Good for him!!!

esmoore68 · 01-07-2010, 12:01 PM

Hey, it was me that had the image stolen, and wrote the emails. I asked merock to redact my name so this thread wouldn't come up in a search some years down the road. The picture in question and the rest of my ACL pics are viewable here (there aren't that many of them, and most highlight the mud from that year):

Picasa Web Albums - esmoore68 - ACL 2009

On the issue of copyright, my honest and serious intention was to pay my attorney to write a letter, and up the request price to cover that cost. I understand that the amount is small, but a letter on legal letterhead is usually enough to tell them I'm willing to go to the mats.