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Online magazine using my image


steve_vh

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<p>I recently sold a print of an image to a fighter from an event I had photographed.<br>

Then, by chance I was asked to "like" a page on Facebook so I went to check it out. On the page was a thumbnail 150x150 of the exact image I sold (it must have been scanned). So I followed the link to the external website and there it was again.<br>

Now I'm not sure if I'm being pathetic about worrying about such a small image (they might have a larger one on their server??).<br>

What would you do?</p>

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<p>I would in order:<br>

1) File a copyright on the photo with the US Gov. - You own the copyright the minute that you snap the photo, except in certain circumstances - none of which are mentioned in your post. Filing with the government makes it easier to get money (if that's what you want) out of the infringer.</p>

<p>2) Send them a polite e-mail - asking that they stop using the photo on their websites including any social networking sites. State that while they purchased a print of the photo - they did not purchase any duplication or publicaiton rights and that if they wish to use the photo online - you'd provide them with a high-res copy for $xxxx.xx along with rights to use the photo online. </p>

<p>3) If they don't respond to that - call a local attorney and get them involved.</p>

<p>At some point in this process - you may want to consider sending an e-mail to facebook and the other site's web host. Website companies don't react kindly to users who post other folks work without permission.</p>

<p>Dave</p>

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<p><strong ><em >"What would you do?"</em></strong><br>

<br>

Firstly I would ask you what is <strong ><em >your</em></strong> country of residence.<br>

<br>

Secondly I would ask you what the is country of origin of the website page.<br>

<br>

Thirdly (though assumed same as answer (1)),I would ask you what is the country of residence of the fighter.<br>

<br>

After knowing these facts and assuming all answers are "USA" then I suggest that the above two posts are a route you could follow.<br>

<br>

In my situation, I would send a Registered Letter (not an email) to the Website host and Face book outlining the Copyright ownership requesting them to remove the offending image.<br>

<br>

If I felt this was done with malice aforethought (and not just out of honest ignorance), I would also: send a register letter and invoice for usage to the perron(s) who posted the images.<br>

<br>

I would follow the invoice in 30 days with a Letter of Demand for Payment, irrespective of whether or not the images had been removed. <br>

<br>

After 14 days if the invoice was not paid I would issue a special summons in a Local Court for recouping the money owed.<br>

<br>

I am not sure how other legal systems work: I am outining what I would do on my own turf.<br>

<br>

Total cost is a few minutes work for the letters and $18.00 Filing Fee for the Special Summons.<br>

<br>

Different Procedures are applicable in different Jurisdictions, but in most countries I have found (from talking about this with folk around the world) there is a similar cost and time effective procedure availble to you, similar to what I outlined.<br>

<br>

I did not read the link, posted above – I think my opinion is similar in outline to David’s - except for the fact that I would not (usually) get a Solicitor (Lawyer) to deal with these matters<br>

<br>

WW</p>

<p > </p>

 

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