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Photo used without permission to promote a business
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Good afternoon,
Long time reader, first time poster!!
I’m just looking for advise on how to approach a local business in town (a bar) that has used one of my images without permission in flyers,posters and online to promote their business?
Now i have already told them they couldn’t use the image because they had erased my watermark off the photo when originally posting on their website and facebook page with no reference to me whatsoever. Its not that that annoys me the most because since then they’ve gone on to use it in print media like, Local paper, local magazine, posters outside/inside pub around town and flyers.(watermark erased and no permission given).
Ive been in since to talk to the manager but was told he wasn’t there. The person in charge when i went in told me that the manager was told not to use my image because of the email i had sent originally and his response apparently was along the lines of “sure do it anyways and deal with the consequences later if there is any!”
I was just going to send them an invoice but i’m finding it very difficult to come up with a figure to charge. I know what i charge when i’m hired to take pics etc for people and businesses and have been told to just do that. The only thing is i don’t feel happy doing that because i want to charge a bigger amount for the “stealing” of the image in the first place with the aim being, they’ll think twice about ever doing it again to anyone else.The designer who did the posters and flyers got paid, the printers got paid, the paper the ad is in got paid, the magazine got paid,the web guy who changes the website got paid, it angers me so much that they would just presume they don’t need to pay me (the biggest part of the ads etc and best part, is my image)
So basically my questions are, does anyone here know a good guide on what to charge? Has anyone had the same problem and how did they deal with it? What do you think i should do.?
Thanks in advance.
FoxWould the best thing not be, just to go to a Solictor & get some legal Advice? …
Thanks for that. Yep it is an option to go the legal route but was hoping maybe someone might have dealt with something similar without going that direction straight off the bat. If it comes to it i’ve no problem going that way but as it stands i want to see what other options might be open to me that i haven’t thought of?
I’ve no experience with this sort of issue but I think you should send them one email asking them for a reasonable figure, state on the email if their not happy with your figure they might confirm by return email and you will hand it over to your solicitor.
Dave.
Foxwest79 wrote:
Good afternoon,
Long time reader, first time poster!!
I’m just looking for advise on how to approach a local business in town (a bar) that has used one of my images without permission in flyers,posters and online to promote their business?
Now i have already told them they couldn’t use the image because they had erased my watermark off the photo when originally posting on their website and facebook page with no reference to me whatsoever. Its not that that annoys me the most because since then they’ve gone on to use it in print media like, Local paper, local magazine, posters outside/inside pub around town and flyers.(watermark erased and no permission given).
Ive been in since to talk to the manager but was told he wasn’t there. The person in charge when i went in told me that the manager was told not to use my image because of the email i had sent originally and his response apparently was along the lines of “sure do it anyways and deal with the consequences later if there is any!”
I was just going to send them an invoice but i’m finding it very difficult to come up with a figure to charge. I know what i charge when i’m hired to take pics etc for people and businesses and have been told to just do that. The only thing is i don’t feel happy doing that because i want to charge a bigger amount for the “stealing” of the image in the first place with the aim being, they’ll think twice about ever doing it again to anyone else.The designer who did the posters and flyers got paid, the printers got paid, the paper the ad is in got paid, the magazine got paid,the web guy who changes the website got paid, it angers me so much that they would just presume they don’t need to pay me (the biggest part of the ads etc and best part, is my image)
So basically my questions are, does anyone here know a good guide on what to charge? Has anyone had the same problem and how did they deal with it? What do you think i should do.?
Thanks in advance.
FoxI would use every available social media platform to name and shame them! Similar story with myself earlier this year and the naming and shaming method was the only way I got satisfaction!
I’ve no experience of this, but I would send them an invoice for each instance that the image was used ie fliers, magazine, paper (multiple times if the ad appeared in a weekly edition), website etc. The more they use it, the more expensive it becomes. Then if I got no satisfaction, I’d take the legal route.
I think you should have a consultation with a solicitor – yep I know it is more money. But where do you draw the line?
The guy has stolen your picture and obviously got very good use from it. The graphic artist / web designer / printer are all colluding with him in the process of printing posters/ flyers and updating the website.
A solicitor could tell you if you have any case against some or all of them. It seems to me the graphic artist / poster designer is “handling stolen property” It would prevent them using your photographs again without permission and payment if they all know that you will stand up and protect yourself.
I am not sure that you can charge more for the picture because he stole it. I would assume you can charge him for the multiple instances of use.
The graphic artist / web designer / printer are all colluding with him in the process of printing posters/ flyers and updating the website.
i think this is unfair… if the business person presented the image along with the rest of the file(s) for whatever purpose what is the graphic / web designer / printer supposed to do? if the original photographer did not put his name in the metadata how are they to know? even if they did is the guy meant to ask ‘ did you pay for this image or take it yourself?’
its not like they bought a telly off a dodgy guy on a street corner. To say they are in collusion is a bit much I think.
Personally, when I come across the issue of unlicensed use, I invoice them for the use. I see it as offering the infringer an opportunity to legally purchase a license of use. If it’s a business clearly benefitting from using my image, they will be invoiced.
The invoice will contain the license of use cost, plus additional costs such as Removal of Watermark, altering original work, no credit to photographer etc. The additions are case dependant but if it’s an unlicensed use, you can be sure the invoice will be up to double the cost of having licensed it from me beforehand.
Your case is beyond anything I’ve experienced, it’s 3 different uses to charge for. Invoice them for what you see as fair per use. Don’t undercut yourself because they don’t value photography & imagry the way you and other informed people do. Don’t name & shame them . . . yet anyway. Give them a chance and if they refuse you, then seek legal advice. Something I experienced starting out was that I felt small, powerless, isolated & that I was causing trouble seeking what I see as rightfully mine. ( you could say copyrightfully mine :wink: ) Now I’m so tired of it I just send them a friendly message attached with an invoice. You are due payment for their use, simple as that. Only you can put a price on you’re work but have a look at getty images, you can view different pricing structures for different uses that might help.
You probably won’t know how many times you’re images are used without permission but, it is important that you seek your dues where & when you can. Not just for yourself but for the sole principle that photography is not worthless.
Isabella wrote:
i think this is unfair… if the business person presented the image along with the rest of the file(s) for whatever purpose what is the graphic / web designer / printer supposed to do? if the original photographer did not put his name in the metadata how are they to know? even if they did is the guy meant to ask ‘ did you pay for this image or take it yourself?’
Copyright law exists. Ignorance is not an excuse to break the law.
Do you know who the original photographer of an image is? No – don’t use the image. Yes – contact the photographer and license the image.
Is the presented image licensed? Yes – use it. No – don’t use it, or go purchase a license to use it. Not really that complicated, is it?Ultimately it is the business that is responsible to make sure that they are not breaching copyright, but the printer/web designer should advise and guide them about copyright.
I understand your anger , I have seen people ripping some of my instrumentals of youtube writing songs over them and uploading to itunes. I also had words with distribution company after a copy write claim was made against my youtube channel for my own instrumental. Lucky for me I had data embedded in to the mp 3 , and I have the original session files which the distribution company didn’t. Legal advice is costly I would try to approach them and ask for compensation , if they refuse try a small claims court to help save your hundreds on legal fees
Send them this article. Might scare them into opening up negotiations with you. http://mashable.com/2013/11/23/photographer-lawsuit-twitter/” onclick=”window.open(this.href);return false;
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