octavio bustard Posted March 7, 2004 Share Posted March 7, 2004 I've just received an email from someone whi commented on a picture I posted on Photo.net a while ago. He sent me a link to a Czech theater which is apparently using the image as a poster. They also have the poster shown on their website - http://kinoartbrno.cz/citarna.html Given I'm an American, living in Paris, and the unauthorized use is in the Czech Republic, can someone with some legal knowledge give me insight into how I might best proceed? This is the photo being used without my permission: Thanks, Tim v<div></div> Link to comment Share on other sites More sharing options...
new hampshire john Posted March 7, 2004 Share Posted March 7, 2004 Tim - I didn't see that pic on the website, but assume it was there at some point (and depending on their html (I didn't look at it) may be up again if they rotate pics). My suggestion is to meet with a local attorney ("avocat," je pense) if you can. These legal questions often get dangerously incorrect answers on this website. But you probably can enforce some French rights against the theater, and almost certainly some Czech ones -- but again, until you're sitting across the table from someone who is willing to help you enforce the rights in question, take anything anyone says about those rights with a grain of salt. If you're serious about protecting your intellectual property, see a lawyer -- end of story. Link to comment Share on other sites More sharing options...
________1 Posted March 7, 2004 Share Posted March 7, 2004 A friendly email? A phone call? Why get all legal about it? You are in the Arts, they are in the Arts, work it out. Link to comment Share on other sites More sharing options...
h._p. Posted March 7, 2004 Share Posted March 7, 2004 I once got some great advice from a good friend, it wasn't about photography but it seems appropriate in this case: 'if it isn't actually hurting you and it's going to cost you time, money and heartache to put right, perhaps it's better to leave it wrong.' For myself, I'd smile and be glad they thought the picture worth ripping off. Link to comment Share on other sites More sharing options...
johnmarkpainter Posted March 7, 2004 Share Posted March 7, 2004 Tim, I would imagine that about all you can do is to write them a letter expressing your displeasure accompanied a by a brief lecture on the ethics of lifting images from the web. If this happened in the US you would have a hard time getting anything done other than a 'cease and decist' letter. jmp Link to comment Share on other sites More sharing options...
ray . Posted March 7, 2004 Share Posted March 7, 2004 <i>For myself, I'd smile and be glad they thought the picture worth ripping off</i><p> You've gotta be... you just must be... kidding. Link to comment Share on other sites More sharing options...
__the_other_._._z Posted March 7, 2004 Share Posted March 7, 2004 You're an artiste. This is your gift to mankind. This is an event to celebrate, a time to behold, truly a wonder of wonders. Link to comment Share on other sites More sharing options...
ray . Posted March 7, 2004 Share Posted March 7, 2004 Where is this thinking coming from? Geez. I'd go after 'em with the butt of a shovel, like Burt Lancaster did in <i>The Train</i>, when he belts the Nazi soldier and heaves him off the train. Link to comment Share on other sites More sharing options...
h._p. Posted March 7, 2004 Share Posted March 7, 2004 No, Ray, I'm not kidding, just expressing an opinion. Try not to start a flame war if you don't agree with me. Just state your own views. Link to comment Share on other sites More sharing options...
ray . Posted March 7, 2004 Share Posted March 7, 2004 Harvey, take an asprin. ;) Link to comment Share on other sites More sharing options...
leica ron Posted March 7, 2004 Share Posted March 7, 2004 Maybe ... ask them to cease and desist or demand an acknowledgment for the image. Suing them might not do any good, I doubt that Czech theatre has the sort of money that a Hollywood Studio or Broadway has. In the end suing will ultimately deprive Czech people of theatre. But you could get a Noctilux out of the deal, heh, heh !! BTW, cool picture ... Link to comment Share on other sites More sharing options...
octavio bustard Posted March 7, 2004 Author Share Posted March 7, 2004 yeah, I certainly dont want to sue some Art Theater in Brno, but it would be nice to get some acknowledgement from them and maybe some free passes and a some coke and popcorn next time I'm thru town. Link to comment Share on other sites More sharing options...
leanne_newton Posted March 7, 2004 Share Posted March 7, 2004 Jamie's advice is good. They owe you 500 Euro and an apology... Link to comment Share on other sites More sharing options...
bob soltis Posted March 7, 2004 Share Posted March 7, 2004 Tim, Generally, the artist owns the copyright in the work of art the moment it is created. The artist can put the public on notice of copyright ownership by stating: "Copyright (year) Artist Name All Rights Reserved'. Some software programs allow the copyright notice to be [for the large part irretrievably] embedded in the file. An artist whose work has been infringed can "sue" the infringer for damages. If the copyright has been Registered, for example with the Register of Copyrights of the Library of Congress in the US, then the artist can seek statutory damages without having to prove actual damages. Registration also establishes formal ownership of the copyright. Registration generally takes six months or so in the United States, and if granted, is retroactive to the date the Copyright Office received it. In the United States, an application for registration generally must be filed within three months of the first date of publication. Registration is $30; group applications can be filed If the image has not been registered, the artist can still sue for infringement but in that case must prove actual damages by establishing the value of the image and what would have been paid for its use, etc. This is the situation at home; individual countries and perhaps the European Union would be expected to follow a similar procedure. Please check with a local attorney about procedures in Europe. If I find something on the net, I'll post it. Good luck Bob Soltis Patent, Copyright and Trademark Attorney La Jolla, California Link to comment Share on other sites More sharing options...
roger_michel Posted March 7, 2004 Share Posted March 7, 2004 in order to recover anything more than tiny statutory damages and an injunction against subsequent use, you will need to prove actual damages -- which it doesn't sound like you can. in these situations (increasingly common with the internet) a nice solution is often merely getting credit for the shot, and a token payment. then put the infringing image in your portfolio and add the incident to your resume. once or twice i have also been able to obtain an agreement to have the offending organization give my contact info for direct sales. needless to say, if this image actually generates significant provable income for the infringer, different tactics are indicated. Link to comment Share on other sites More sharing options...
bob soltis Posted March 7, 2004 Share Posted March 7, 2004 Tim, here's the website to the European Copyright User Platform in the Hague. http://www.eblida.org/ecup Litigation is time consuming and expensive. It may not be worth the time and $ to pursue. A Certified Letter with a request for a photo credit and whatever other consideration such as some passes, etc. will accomplish your goals. Folks, today's free legal advice is be proactive and put the public on notice of your rights in your work. ;) Happy snaps, Bob Link to comment Share on other sites More sharing options...
m_. Posted March 7, 2004 Share Posted March 7, 2004 Tim: Don't know th elevel of your professional career. I would be flattered just to have someone using my image. I would simply call them and ask for credit to my name and, if they can do so, then I will be happy. I doubt they will refuse to give you the credit. That will be the way I will deal with it. Good luck. WenTong Link to comment Share on other sites More sharing options...
bob soltis Posted March 7, 2004 Share Posted March 7, 2004 Copyright Office website in US is: http://www.copyright.gov Link to comment Share on other sites More sharing options...
roland_schmid Posted March 7, 2004 Share Posted March 7, 2004 Tim, I think you should at least give them the feeling that this, what they are doing, isn't correct. I had the same problem a couple of times in different (also western) countries and it seems that many people think that the internet is a kind of 'take whatever you want for free' thing. Having many contacts with the photographer- and art scene in Czeck Republik, I think people there are really aware that acts like this are illegal. Cheers Roland Link to comment Share on other sites More sharing options...
george_conboy1 Posted March 7, 2004 Share Posted March 7, 2004 The best thing is always to get a lawer who is within mortar range of your opponents. The problem, of course, is that you will have to fund your advocate. That would probably cost more than what you would be able to wring out of the miscreants. Link to comment Share on other sites More sharing options...
jay ott Posted March 7, 2004 Share Posted March 7, 2004 Next time do not post images at resolutions capable of printing poster size. Link to comment Share on other sites More sharing options...
john_perkins2 Posted March 7, 2004 Share Posted March 7, 2004 From a repro perspective, it would be pretty hard to get a poster out of a pic posted to the web - nowhere near enough detail. Keep track of who you give hi-res work to in future. As to the web - it's happened to me, usually from zero-budget organisations, or bloggers, who aren't worth suing anyway. I don't make money out of low-resolution pictures, so if people pass them around, there ain't much I'll do about it, other than make sure the work is attributed. The thing you do need to worry about is worldwide exclusives. If your pic has significant value if previously unseen, don't post it to the web, period. Link to comment Share on other sites More sharing options...
olivier_reichenbach Posted March 7, 2004 Share Posted March 7, 2004 No matter what you do, make sure you have the negative handy. It's the only proof you can produce that the picture is actually yours. I see it dates back to 1971. I hope you've had a good filing system for your negatives during all those years. Link to comment Share on other sites More sharing options...
jorn ake Posted March 7, 2004 Share Posted March 7, 2004 In the Czech Republic, few people feel there is anything wrong with freely using an image they found on the internet because so few people here make a lot of money. They see their lower incomes relative to Western Europe as something that excuses them from participating in a fair and equitable market. You might say this is left over from Communism, but I might offer that some Communist decisions fit well with the Czechs' economic opportunism. Hard to separate them out. One of the most popular Czech musicians here no longer even makes CD's. He realized that he would sell maybe one or two cd's, then everyone else would rip MP3's and he wouldn't sell a single thing more. Wouldn't even cover coffee, let alone studio time. At the same time, I doubt that the people who did this don't know what they did is wrong. Most people here understand the concepts of intellectual & creative property. They just don't want to pay for the use of this property, and they may feel politically that anything on the 'net should be free for the taking. Regardless, you should contact them first and ask them to fulfill their responsibilities as you see them. Money, you won't get. $500 is roughly 13,000kc which is a ton of cash, especially for someone in Brno. However, you could get them to credit you on the photo and link your webpage, as well as sell prints/t-shirts/whatever at their performances and give you proceeds (which also will not be $500.) Then you could sign a more formal agreement, agree to terms, go visit them in Brno, have a beer and figure out what is what. Spend a week. How much positive human interaction is your photograph worth? Link to comment Share on other sites More sharing options...
sal dimarco Posted March 7, 2004 Share Posted March 7, 2004 Tim, Good luck, this is a tough one. First of all, if you registered the picture with the copyright office you have a stronger case. The first thing you should do is to contact the theater, and inform them of the copyright violation and request either payment for useage of the photo or its immediate removal from their website and politely threaten legal action. If they have used it as a printed poster, they have to pay for the illegal useage. How you are going to collect it, is another matter. Unfortunately, you will have to get all lawyered-up if you expect to collect any money. Happy Snaps, Sal Link to comment Share on other sites More sharing options...
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