My Photos got lifted for a Print Ad... Need some info..

[Abel]

Hey there guys...

I am looking for some useful links dealing with copyright infringement.,,

Here's the story..

Myself and a couple of other photographers have had our photos lifted from the web and used in part in a large ad campaign in a major top notch magainze here in the US. The ad rates are about $25,000 per full page and the ad I speak of is a two page ad so they spent $50,000 on the ad easily... The magazine is a bi-monthly publication and prints about 250,000 issues per...

Since the offending compnay lifted them from the internet their print size in the ad is about 1.5 inches square.

Anyways... Any links to useful information is greatly appreciated... I am on my way to do another search here on TPF for useful info...

Thanks.

[KdLaneJr]

Abel, I think for something like this you would be better off getting a good copyright attorney.

http://www.google.com/search?q=%2Bco...x=&startPage=1

[Charles Putnam]

Bro - see the attached link to the US Copyright office.

http://www.copyright.gov/help/faq/faq-fairuse.html

Of note - the "fair use" doctrine. They've obviously exceeded it...dirtbags...

[J Eddington]

Abel, Contact the company involed, IN WRITING. Explain that they have used your copyrighted photographs without permission. What they owe you and that they have 15 days to respond to you before you take legal action. Then contact an attorney in case you need to go further.

I have seen some people selling stock that have been lifted from other people. This may have happened to them. They made a purchase and have no idea that they were stolen.

[Abel]

I am currently drafting up a formal letter and it will include a copy of the ad... along with a breakdown of what image belongs to which photographer.

I will keep you guys updated..

[gmarblestone]

make sure to send it certified!
Annoying, but awesome that your pictures are being used... even if illegally :)

G

[Charles Putnam]

Send it via FedEx with delivery to the head of their advertising department. Sending it via FedEx provides tracking, and online proof that it got there and who signed for it.

If you need help in determining the right contacts, I might be able help in that area. I have access to a database that provides a lot of that info. PM me.

[swanny338]

Assuming you have your images on file with the copyright office, you can sue for more. I think it was for damages. Something my lawyer said when a company here in Santa Barbara ripped off my images for a local magazine ad. Mine weren't registered at the time so I don't remember

By the way, the first thing I did when I saw them in this magazine... I called a copyright lawyer. Like any lawyer, they are not cheap but they know how to handle it and mine got me a nice amount.

[Rson]

I found this useful and pertinent.

http://www.utsystem.edu/OGC/INTELLEC...Y/useofnet.htm

[ndsimm]

If you are a member of PPA, they'll handle it for you, or at least help

[Jezebel]

Like someone else mentioned, they may have thought they acquired the images through legitimate means (through a stock source that actually stole the images originally). This happened to me when I contacted someone that had used one of my paintings for a CD cover. They were very apologetic and paid me for the image within 48 hours of my initial email. I don't expect every situation will be handled so cleanly, but it was pretty nice for me! :)

Good luck and let us know what happened.

[GypsyHighSide]

Link to ASMP tutorial on copyright application
http://www.asmp.org/commerce/legal/copyright/index.php

Link to ASMP – What to do if your copyright has been infringed
http://www.asmp.org/commerce/legal/c...ht/protect.php

Links to photographer Dan Heller’s blog. He has experience with copyright infringement and what to do.
http://www.danheller.com/blog/posts/...en-images.html
http://www.danheller.com/blog/posts/...-nor-half.html

I hope these links are helpful.

Rob

[Craig]

Tell us which ad, if that is OK.

[ekohl]

good luck.. maybe you'll be able to quit the day job when this over.

[Abel]

thank you all for the info... it is greatly appreciated...

wasnt there a website out there that would create a ballpark guestimate on the value of a commercially used photo. i thought there was one at one point.... anyone recall? i thought you could enter in copies of distribution and print size into the equation.