Someone is using my Architectural Images on their site - What to do?

[architecture]

Ok, here's the situation. Just visited a construction company's website to

get their info so I could advertise to them. Found 3 of my images in

their "commercial section." I did this job for another construction company,

and they most likely gave the shots to these guys. For any of you who have

experiece in this, how do I approach this company and furthermore, what should

I say to my original construction company (who gives me good work on a regular

basis!)? Any help in this matter would be greatly appreciated. Thank you.

 

David Massengill

www.dmassphoto.com

[robert_young9]

Find a lawyer in your area familiar with copyright law. You didn't sell the images outright, you only licenced their use?

[architecture]

Yes. The construction company called me wanting photos of the building. I took the shots, gave high resolution images to them, gave unlimited usage rights without distribution to a third party. The original construction company who gave the images to the other one might have been fuzzy on the copyright issues, which is a reason I'm affraid of bringing up issues. Don't want to burn a bridge. The images have not been sent to the US Copyright office yet. Kind of a complicated issue.

[jean_marc_liotier]

I have not had much experience with those specific problems but as a regular business guy my advice would be to leave the original customer out of this and approach the new one with a friendly offer to regularize their situation in regards to the use of your copyrighted products. Offer them you normal faire price with a gentle tone and they will surely understand it is their best interest to take this opportunity to come back within the realm of legality. Just make sure that you do not antagonize them and spoil your image in that industry : definitely treat them as you would treat a new customer. Even when there is friction in business it is important to keep it friendly - good business is about preserving a fruitful commercial relationship even when there are disagreements.

[architecture]

Yeah, I defenately don't want to spoil my hard worked for, often overlooked reputation in this town. Wouldn't I need to notify the regular customer anyways though? What if the new one decides to call the regular and says "WTF? Why did you guys give us this copyrighted stuff?!" I want to avoid any confrontation, but I also want my options in compensation or new business. After all, these guys are using my photos for advertising and that has probably brought them new business, leaving me dirt poor.

[mark phillips]

I had a similar problem although not at a professional level.

Here's the thread:

http://www.photo.net/bboard/q-and-a-fetch-msg?msg_id=00HA5G&tag=

[robert_k1]

Read my post in the above thread. This site's founder decided hiring a lawyer is not the way to go.

[ellis_vener_photography]

well definitely register your images now as published. I think a simple friendly letter

explainign your position to the offending firm is not a bad idea to open a dialog to find a

way to resolve the mistake. In the future start embedding your usage agreements in the

IPTC meta-data of images you deliver to clients.

russell brown of Adobe has created a caption maker script (among other very useful

scripts) for PSCS2 users which adds your selection of metadata in a frame around images

you deliver to clients:

 

http://www.russellbrown.com/tips_tech.html

 

see the attached for an example<div></div>

[bert_krages1]

Ellis has some good suggestions. You should definitely register your images with the U.S. Copyright Office as soon as possible. Write the infringing company a letter a very nice letter pointing out that you are a professional who earns your living by photography and that you need to be paid. Ask them how they acquired the images. I know that you suspect your client gave them but it is possible the other company did not have permission to use them. Also, a polite inquiry paves the way for contacting the other company about the limits of usage. This does not have to be a contentious process and setting a firm but polite tone can help avoid alienating other customers and potential customers. Keep in mind that you are dealing with business people who likley understand the basic principles behind earning a living.

[r_miller1]

David,

 

First, you should ctitically review all of your paper work/documentation to be absolutely sure that your client does not have any colorable argument that it has the right to permit a third party to use the image.

 

Second, you should do some level of discreet inquiry to determine whether the "offending party" really is a "third party". For example, if your client owns the "offending party", then, depending on your paperwork, the client may well have the right to permit a subsidiary, or otherwise related party, to use the image(s). This may be especially relevant, since a business (your client - a "construction company") would typically not permit a "competing" business (the "offending construction company")to use one of its assets (the right to you your images).

 

 

If either of the above gives you any pause, then you would obviously do yourself no good if the client and the third party have any basis for arguing that the third party's usage is legimate.

 

Third, as you recognize in your second post, if you decide to take ANY further action, you should discuss if FIRST with your client. Of that, there can be no question.

 

Kind regards,

[architecture]

I think I will write them a letter. Or should I call? I would much rather try to get extra business instead of putting myself in the middle of an expensive lawsuit right now. Thanks to all who replied and if you have any additional information, please let me know. Thanks!

 

David Massengill

www.dmassphoto.com

[ellis_vener_photography]

Put it in writing. People forget details of telephone conversations. Actually I'd set up a

meeting , discuss the matter, take notes, and follow up with a letter.

[robert x]

here is some good advice - based on UK law, but still good advice all the same :-

 

http://www.epuk.org/The-Curve/the-easy-way-to-debt-recovery

 

http://www.epuk.org/News/it-was-the-sun-wot-lost-it

 

R

[john_h.1]

Owning enforcable rights doesn't always mean its wise to enforce them.

 

Approaching the new company in a diplomatic way may bring new business opportunities. It may be a novel way to introduce yourself. Its a way to get in the door other than mere advertising that is often and easily ignored. You can also point out that they seem to like your work to begin with. This will require a face to face meeting. You could send a letter first with language suggesting that you wished to communicate with them in any event. If they blow you off, you could press the copyright issue more to a degree you are comfortable with. Requiring removal of the images, rather than compensation, may produce less backlash in the community.

 

I think you should inform the old company about the transfer and remind them of the copyright policy. A freindly reminder should not upset anybody. You might use this as a segway to suggesting referals for your services in the future.

 

As previously mentioned, registering is best for protecting your rights. Especially if you were to go for the 'nuclear option'.