How a Houston Buisness reacts to there copyright violation

[PhotoChicken]

I have a pretty popular print of a woman kick starting a triumph motorcycle that was stolen by Republic Harley Davidson for some advertising they used to promote there buisness at the Lonestar rally. This is just a partial copy of the poster in question




Here is my original e-mail regarding the matter:

I recently received a copy of the Lone Star Rally "Kick-Start Weekend" poster. While I'm flattered that you chose to use one of our copyrighted images for the event, we normally charge for advertising services. Please contact me at your earliest convenience regarding this matter. I am also available if you are interested in purchasing photography for future promotions.

Thank you,

John


Now remember no where in there did I say he owed me any money for the infraction just maybe we could do future buisness, and I thought if I got a ooops our bad and a nice apology I would let it go.


Here is there reply:


I apologize if I varied from policies I was not made aware of. Prior to allowing the poster to be distributed, I sent the draft to Ron Limbock of the Lone Star Rally for his approval. He graciously gave his approval and was very appreciative that we were aggressively assisting in promoting the rally that was rescheduled as a “rebuild” of devastated Galveston as a result of Hurricane Ike and attendance was already questionable. We amiably agreed to stay as a vendor even though we firmly understood that our financial contributions, sponsorship, and expenses as a result would not be overcome by the revenue generated. However, Republic Harley-Davidson takes great pride in supporting the local communities, especially in such an instance as the wonderful residents of Galveston were damaged so severely financially and emotionally. There were no indications to me, verbally or in writing, that we were required to obtain your prior authorization by any documents or Mr. Limbock. I was and still am under the impression that Ron is the contact for the Lone Star Rally. If I did indeed overlook such information that may have been provided to me, once again, I sincerely apologize and will be more observant in the future.



On a personal note, I am somewhat offended by your verbiage in regard to financial restitution, especially considering the circumstances and our intentions to help those less fortunate.



I like how I as a Profesional photographer who has given tons of prints, and hours of my time for a good cause gets my moral fiber challenged on a poster that did not raise money for Galveston. All it was used for was to draw future bike customers to there tent at the Lonestar Rally.

Here is my simple reply the rest will be handled by my Lawyer as they see fit.


My reply:

I did not intend to offend, but it is what I do for a living. If I would have been contacted by your company who presented the work as its own, and what it would be used for it may have been a non-issue.

So from this e-mail I should gather that Mr.Limbock is the creator of the ad that has your buisnesses name on it?

[gmarblestone]

How annoying that he was trying put the guilt trip on you!

G

[Steelsun]

he's also trying to "pass the buck"

[CallMeAl]

By his response, I guess I don't need permission to use the Harley Davidson logo to promote my business either.

[110240]

Originally Posted by CallMeAl

By his response, I guess I don't need permission to use the Harley Davidson logo to promote my business either.

tell the bikers "photochicken" gave you permission

[MyKey]

No matter what the cause copyright is against the law.

I would contact the PPA (if your a member) and they would take care of this situation right away.

However this is a good reminder to ALWAYS register your images with the government so when situations like this happen the PPA has more ground to stand on in your behalf!

[Maggie Baldwin]

Just as a "side note" to all of this: How does one register/copyright your pictures with the government? That seems like a very expensive venture; unless of course you pay to register all current or future photography done by oneself. Could you possibly expand?

[kenw]

Originally Posted by Maggie Baldwin

Just as a "side note" to all of this: How does one register/copyright your pictures with the government? That seems like a very expensive venture; unless of course you pay to register all current or future photography done by oneself. Could you possibly expand?

register them as a "collective" work, putting them on a DVD or other high capacity media.

you can only register pics you've already taken, you can't copyright a pic you haven' taken yet.

[Kym Kilcrease]

I would like to know the same thing about the COPYRIGHT?

[ggeen]

Also check out http://www.copyright.gov/ for more information on this subject.

PhotoChicken, thanks for sharing and sorry this happened to you. Total bummer.

[Maggie Baldwin]

Thanks for the information. I will now do the work and hopefully save myself some future grief!!

Now for another question of a different ilk:

How do you set up an avatar?

[kenw]

Originally Posted by Maggie Baldwin

.....
Now for another question of a different ilk:

How do you set up an avatar?

creat a pic/image/whatever of the proper dimensions, then upload via your User CP (see menu bar across the top of the page).

[Daniel Bates]

Maggie - here's the link for you:

UserCP avatar upload

[Kym Kilcrease]

I know this sound like a dumb quesiton, But do you have to copyright and upload each Photo!

[tresorph]

Kym, I'm waiting on a response from a TPF bad-arse on that question as well.

kenw, suggested putting them on a DVD and registering as a collection - I wonder if I can do that by year - or quarter.

Hmmm... heading over to http://www.copyright.gov/