My photos were used without permission

[natasha_tylea]

Hey there,

 

I have an ex who has become a bit of a star in the indie music realm

and have found that he's been using my photos for posters, cds, promo

cards etc.. I passed these off to him nonchalantly and with no

intention of him using them for his promotion. Now I've seen them all

over the country in record stores, clubs, restaurants and even on a

prison cell wall in The Wire (which is really weird considering it's

Will Oldham, a folkish soft-song writer)! The thing that most

irritates me is the fact that there are NO photo credits whatsoever. I

finally wrote him after taking these sightings in stride for about 4

years...he says he will pay me whatever I want. What do I want? There

are 3 photos I've seen being reproduced,though there could always be

more. Mostly I want my name on these things but that's a little too

late for most of them...so what should I charge and what should I do

to protect whatever else he may use? Any advice?

Thanks, Natasha

[ellis_vener_photography]

if you have copies of any of them register them with the US Copyright Office (details at

http://www.editorialphoto.com/copyright)

 

Not much to do once the cows are out of the barn.

[qtluong]

You could try to figure out exactly what he used the images for, and then log onto a stock photo site such as corbis, gettyimages, or alamy,

price the use, print the results, and see if he is serious about making good on his offer. If he finds the bill a bit high, try to negociate yourself with him, because since your images were not registered, you do not have any realistic legal option. <a href = "http://www.terragalleria.com/">Terra Galleria stock photography</a>

[qtluong]

It is usual to charge a triple fee for editorial use without a proper credit line.

[rich_dutchman1]

Don't ask photographers about legal issues. Call an IP lawyer. Mine is Natalie Koss - nmk@estreetlaw.com.

[J.W. Wall]

Yes, talk to a knowledgeable lawyer right away.

[adam_k_krause]

just curious, but who is your famous ex?

[tholte]

Natasha, don't listen to these jokers! He said he would pay you what you want so send him a big bill. If he doesn't send you the money, then hire a lawyer.

[natasha_tylea]

Yeah, so I am thinking along those lines....

Send him a bill and give him that chance to clear the slate.

I have started looking at lawyers for future protection from situations like this. I contacted Natalie Koss. Thanks for that info!

I would prefer this stay as pleasant as can be.

He has the potential to use many more of my photos

and hopefuly now he will know that I am more on top of things.

 

His name is Will Oldham.

He's not the most sincere or respecting guy,

But he does make good music.

Thanks for all the advice.

 

Natasha

[matt_h]

Hey Natasha - I posted this in the other thread - hope it helps

 

First off, congrats - of sorts. Thats a pretty big deal, now you have to get paid. I recomend two things - pick up a copy of PhotoQuote to calculate what you are owed. http://www.fotoquote.com/Pages/TryIt.html then tell him how much it is.

 

If he is reluctant to pay you then threaten to get a lawyer. You may want to consult with a copyright lawyer anyway. You have a serious chunk of change coming your way.

 

Good luck.

 

-Matt