Copyright Protection Question

[JTFOTO]

HEY GUYS,

Sorry for posting here off topic, but it seems it's where all the Pro's hang.

I recently discovered one of my pictures being used on the cover of a website and it has been there for a while.  The place does not make a lot of money, but they still make money for a full staff and offices and are using my image.

I own the image, but have not filed the copyright yet.  Can I file in small claims court or should I copyright the image first then file in small claims court?

On copyrighting the image should I go the poor man's way an mail it to my self in a sealed envelope or file with the copyright office in DC?

I ma not looking tow bankrupt the company, but since I know it has been on there for a while and they have refused to take it down after letting them know, not I want to get paid for my usage.

Any advice would be greatly appreciated.

JT

[Dick Roadnight]

I recently discovered one of my pictures being used on the cover of a website and it has been there for a while.

I ma not looking tow bankrupt the company, but since I know it has been on there for a while and they have refused to take it down after letting them know, not I want to get paid for my usage. JT

If they refuse to remove it, I would be quite happy to bankrupt the company (or take them to court) but one possible action is to allow them to use it if they give you credit.

I think there was a similar topic here not long ago.

[JTFOTO]

Thanks Dick,

I don't want credit...  I am not in it for Credit I would like cold hard cash.

JT

If they refuse to remove it, I would be quite happy to bankrupt the company (or take them to court) but one possible action is to allow them to use it if they give you credit.

I think there was a similar topic here not long ago.

[Dick Roadnight]

Thanks Dick,

I don't want credit...  I am not in it for Credit I would like cold hard cash.
JT

Then inform them that you will take them to the small claims court if they do not pay up.

Here (UK) the small claims court is a very cost-effective tool... Some companies think that they can get away with a great deal because people are wary or the cost of court action... and often all you have to do is tell them about the Small Claims Court and they will settle.

[canmiya]

HEY GUYS,

Sorry for posting here off topic, but it seems it's where all the Pro's hang.

I recently discovered one of my pictures being used on the cover of a website and it has been there for a while.  The place does not make a lot of money, but they still make money for a full staff and offices and are using my image.

I own the image, but have not filed the copyright yet.  Can I file in small claims court or should I copyright the image first then file in small claims court?

On copyrighting the image should I go the poor man's way an mail it to my self in a sealed envelope or file with the copyright office in DC?

I ma not looking tow bankrupt the company, but since I know it has been on there for a while and they have refused to take it down after letting them know, not I want to get paid for my usage.

Any advice would be greatly appreciated.

JT

since  i am not an attorney, i will refrain from giving you legal advice, but will suggest that you visit the copyright office site as you may be able to file your application and images electronically and there is much information there regarding rights, infringements and remedies, which you really do need to spend some time gettting familiar with.
i would also suggest visiting profesional organization sites such a asmp which has a copyright tutorial, which might be helpful: http://www.asmp.org/commerce/legal/copyright/index.php
you should look at the time frames for registration in general and especially with respect to "first publication."  

[JTFOTO]

That helped immensely!

I owe you a beer or two!

Thanks,

JT

since  i am not an attorney, i will refrain from giving you legal advice, but will suggest that you visit the copyright office site as you may be able to file your application and images electronically and there is much information there regarding rights, infringements and remedies, which you really do need to spend some time gettting familiar with.
i would also suggest visiting profesional organization sites such a asmp which has a copyright tutorial, which might be helpful: http://www.asmp.org/commerce/legal/copyright/index.php
you should look at the time frames for registration in general and especially with respect to "first publication."

[andershald]

Hi JTFOTO.

In Europe, or in my part of Europe at least, it is not necessary to register copyright, you automatically have it as you created the image. Noone is allowed to use an image that is not theirs, just because it doesn't have a copyright stamp on the back.

Assuming it is a digital image and that you have the raw file it would be fairly simple to prove that the image is yours.

I would contact the company and tell them that the image is yours and that you get paid to supply images to companies just like them and that a use of your image has a price. You can then ask them (politely, as they could become clients) if they wish to continue to use your image for a price or take the image down (ask them in writing, email is fine, ask to get a receipt of them recieving the email). It may be that they are simply not aware of how things work...I have come across some examples of really clueless, but essentially nice, clients.

If they ignore your email, write a letter asking them to take down the image or you will take them to court, contact an attorney first and ask for advice.

A good way to help customers 'find you' is to add you contact and copyright information to the meta data of all digital files. Thus allowing people to ask permission to use or buy the image from you. But if they are really clueless, they won't know how to read the metadata and you are back to square one  

Good luck.
Anders

[jjlphoto]

You are best served by contacting an attorney experienced in IP. Most will give you a free 15 minute consultation over the phone, then you can decide on how best to proceed.

Trying to do this yourself is like the potential client trying to take their own pictures.

[feppe]

Since you haven't registered with the US copyright office, you will not be able to claim punitive damages, and you can't "bankrupt the company" even if you wanted to - not to mention how juvenile such a comment is. If they are not making much money out of the website, they are making a fraction of that out of your image; so in this case you probably won't be able to claim enough money to cover lawyering fees.

IANAL, but I don't think registering after-the-fact will help you in this case - but it will cover you in future cases.

Rather than waste time and money on a case you admitted is of little monetary value, I'd just ask to be credited, with a link to your website on theirs. It's a win-win.