Online magazine using my image

Discussion in 'Sports' started by steve_vh, Jun 26, 2010.

  1. I recently sold a print of an image to a fighter from an event I had photographed.
    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.
    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??).
    What would you do?
     
  2. Attorney Charlie Petit offers useful advice and how-to, including suggested wordings of notices to the infringer:
    http://scrivenerserror.com/c-pir0.shtml
    Good luck.
     
  3. I would in order:
    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.
    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.
    3) If they don't respond to that - call a local attorney and get them involved.
    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.
    Dave
     
  4. William Michael

    William Michael Moderator Staff Member

    "What would you do?"

    Firstly I would ask you what is your country of residence.

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

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

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

    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.

    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.

    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.

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

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

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

    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.

    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

    WW
     
  5. Hey everyone, thanks for your assistance.
    I live in South Africa, and both the website and fighter are South African.
    I am going to email the site in the mean time about the image.
     
  6. William Michael

    William Michael Moderator Staff Member

    You mentioned that fact in a previous thread: it was about selling Kickboxing images.
    I therefore assumed that you had not moved your place of residence since then.
    WW
     

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