Another copyright question: What would you do?

<p>I shot some pictures for a friend's Hooter's bikini contest entry, free of charge. She gives them to her boss at Hooter's who decides to let her into the competition. I just found out that the photos were used on a poster for the competition, which is now being sold. What would you all do about this? </p>

<p>Send them an invoice. Start with that.</p>

call a lawyer your area. . . Id say youre realistic option is to ask them to stop using it. . . I dont think you'll get an inch with them with payment. Sounds like no communication to me. . . Sure, the "boss" should have asked if it was okay to publish it, and maybe he did, and your friend said, "sure" but even if that did not happen, you'll have to chalk this one up to learning not to do that again.. . I think you'd spend a lot of money for nothing trying to get something out of hooters. . .

<p>Check the fine print on the entry form. There's usually boilerplate about the contest organizers being able to use photographs submitted yadda yadda etc... The presence or absence of such a 'release' would help you understand your options.</p>

<p>Have you actually registered the photo with the U.S. Copyright office?</p>

<p>Jim Marby</p>

<p>You should do both; send them an invoice, and contact an IP lawyer. You can decide whether you want to bill at standard rates to be nice, or above standard as a penalty. But simple removal or stopping use isn't a full rememdy, and doesn't account for the benefit he received while using your photo; so getting paid is 100% appropriate. The lawyer can best advise you on how to proceed if they tell you to bugger off. Hooters is a big chain, and certainly should (a) be able to afford the use of a photo, and (b) understand licensing and Intellectual Property issues. For instance, if you opened up a restaurant called "Hooters Burgers" - how long do you think it would be before a Hooters attorney showed up on your doorstep demanding you stop using their name.</p>

<p>BTW - Why not post a copy of the image here so we can all see how nice the shot is? ;)</p>

<p>Cheers & good luck,</p>

<p>I haven't registered it at all, I just shot it and got some 5x7s for her to give to the guy. I'm honestly not entirely sure there is an entry form at all, its all fairly informal up there. I'll check with her and find out for sure though.</p>

<p>Do some more research before sending lawyers after them. For all you know she's got contract language that gives the restaurant rights to use publicity photos she gives them and it was actually her violating your copyright by handing them over without license to do so, not the restaurant.</p>

I'm making a couple of assumptions here. This contest is likely to be part of the preliminary's for the national Hooter's swimsuit competition for 2009. If so, you can be sure there are agreements that the girls sign with all sorts of stipulations: model release, use of photographs, etc. The OP was aware of what the friend was using the photographs for. He agreed to do the photo's at no charge. She then used the photo's only for the purpose she said she would use them for. Assuming the above, Hooter's is more than likely off the hook as far as any monetary compensation goes. He probably could get a "cease and desist" order to stop any further sales and to destroy any remaining posters, if he would bring a case against the girl who used the photo's to enter the contest. However, because he knew what she was using the photo's for and there were no written agreement or contract, he in effect gave her implicit permission to use the photo's for the known purpose: to enter the contest. It is therefore unlikely he could prevail in any legal action.

<p>Dittos on what John just said. When you took the shots and gave her the prints you knew it was for a Hooters contest. You gave her permission for use of the image for that explicit purpose. You get nothing. Sorry. Just be happy for your friend.</p>

<p>This is why you make a contract. In it state:<br>

"Images may be used as entrance to contest, however photographer retains copyright and may not be used in advertising without photographers permission."</p>

<p>Copyright priviledge is international and automatic. You do not need to register to have copyright on works of art, written or otherwise, that you produce. All registration does is ensure that you can quickly and easily prove ownership of your work. Your digital metadata can do that.<br>

However, just as copyright is automatic, its just as automatic for companies staging competitions like this to keep a signed waiver from each contestant granting them the right to publish any photos they create <em>or are in receipt of</em> for the purpose of the contest. <br>

If your friend signed such a waiver, they have the right to use the picture for their own purposes, including advertisement <em>but they may not sell the picture</em> <em>to anyone else without the expressed permission of both the photographer and the model.</em> You do have an uncontestable right to receive a percentage of the proceeds from any sales of your image unless their waiver expressly mentioned that possibility.<br>

If the whole Hooters chain is marketing this image you have an extremely serious and potentially lucrative grievance. If its just the one restaurant trying to make a fast buck on their own, only you can say whether or not your time is worth it.</p>

<p>Someone "in receipt of" a photograph cannot waive the rights of the photographer, regardless of how she came to be in receipt of them. The way I see it, the photos were released to the potential contestant in order to be permitted entry to the contest; nothing more.</p>

<p>The number of opinions here shows the need for contracts (especially between friends) and the need to consult with an IP lawyer in your area.</p>

<p>Ian</p>

<blockquote>

<p>I shot some pictures for a friend's Hooter's bikini contest entry,<strong> free of charge.</strong></p>

</blockquote>

<p>'Nuff said.</p>

<p>Keith, why do you highlight the most irrelevant part of the O.P. and then say "'Nuff said" as if it settled the issue?</p>

 

<p>I agree with August,</p>

<p>If the photographer was paid or not has absolutely nothing, nada, bupkis, to do with copyright. No impact whatsoever.</p>

<blockquote>

<p>Copyright priviledge is international</p>

</blockquote>

<p>This is incorrect. From the US Copyright Office:</p>

 

<blockquote>

<p>There is no such thing as an “international copyright”</p>

</blockquote>

<p>Instead, there are a number of treaties that provide certain levels of copyright protection, but there are countries that are not signatories to any of the treaties.</p>

<p>We're you given credit as in being recognized as the photographer on the poster? I'd hate to see a lesson learned turned into an ugly situation amoung friends, but surely having your name on the materials as the photog would pay in marketing, recognition. You should be able to come to some compromise and be able to use the poster for your own portfolio. Having your name associated with Hooters should have some value in generating future jobs (where you will use a contract).</p>

<p>Thanks for all the responses guys. As it turns out she did sign something, but she has no idea what it was. I assume it was a release of some sort. Anyways, she didn't know the pictures would be used on merchandise. The poster looks like it was just a quick-buck for this individual store, so there wasn't a whole lot of money made to begin with. I'm going to just talk to the store manager and get a copy of the poster for my portfolio. I'm still very much in the learning phase of my photography, and so I'm not really expecting to be paid for my work so far anyways (the pictures really werent that good!). Anyways this has definitely been a learning experience for me! Thanks again for all of your input, folks.</p>

<p>"Copyright priviledge is international and automatic. You do not need to register to have copyright on works of art, written or otherwise, that you produce. All registration does is ensure that you can quickly and easily prove ownership of your work. Your digital metadata can do that."<br>

<br />NOT TRUE! While it is true that some copyright priviledge is automatic, this is what is known in the legal profession as "commmon law". Registering provides a host of advantages not provided by common law copywrite and is STRONGLY recommended by attorneys who specialize in intellectual property cases.</p>