copyright

[CBarrett]

Is there any nice way to write a letter saying, "Hey.  You stole my image off flickr and published it in a magazine ad.  Expect my bill in the mail, jerk." ?

Maybe I'll start by omitting "jerk"

Sorry for OT

[markhout]

Is there any nice way to write a letter saying, "Hey.  You stole my image off flickr and published it in a magazine ad.  Expect my bill in the mail, jerk." ?

Maybe I'll start by omitting "jerk"

Sorry for OT

Err.... no.

Why would you omit "jerk"?

[JeffKohn]

Is there any nice way to write a letter saying, "Hey.  You stole my image off flickr and published it in a magazine ad.  Expect my bill in the mail, jerk." ?

Maybe I'll start by omitting "jerk"

Just explain to them that your images are not freely available for the use of others, and that their use was a copyright violation and they will be getting a bill for the usage. (I would raise your standard rate and/or tack on some sort of penalty). If the images are registered, be sure to mention that and maybe even explain that if they fail to pay your bill you will be forced to take them to court where they will be liable not only for your lost revenue but also punitive damages and court costs.

I think some of these people rip images off from places like flickr betting that they're not registered, and that even if they get caught the copyright owner won't have much recourse since going to court isn't economically feasible for unregistered images.

[Dustbak]

Try not to be using stuff like court and violations etc. in your first letter. Just make a letter where you start with being pleased they liked your image enough to be using it in their ad but apparently they forget to obtain the right to do so in their exuberance. Naturally you are more than willing to help them correct this situation and you have included the bill for a one time usage fee.

 It is usually better catching flies with honey instead of vinegar. Even if they never intended to pay you which is very likely and in which case they very well know what they are doing wrong this gives them an elegant way out. If they were really ignorant, it doesn't aggravate them into unwillingness to cooperate.

 You can always get nasty in your next letter, it also looks much better in court when you can show you have tried to resolve stuff in a civil manner (over here it does anyway). Having been in court more than once this is a step I would personally try to avoid like the plague.

[gwhitf]

There you go again -- first, you're doing Candids, and next, you're dicking around with Flickr. I thought you were a high-priced architectural photographer? Don't dilute your brand by putting stuff on Flickr; you're just asking for it.

[CBarrett]

There you go again -- first, you're doing Candids, and next, you're dicking around with Flickr. I thought you were a high-priced architectural photographer? Don't dilute your brand by putting stuff on Flickr; you're just asking for it.

LoL... funny, man... funny.  Actually I haven't used my flickr account in nearly a year and I think I oughtta close the thing.

And Me?  High Priced?  I thought I was moderately priced, but I guess that depends on which architects you ask.

[rsmphoto]

Ha! I've had an instance where they added their copyright to my work.  That was an interesting out-of-court settlement.

  Richard

[marc gerritsen]

Ha! I've had an instance where they added their copyright to my work.  That was an interesting out-of-court settlement.

  Richard

the other day I met a friend of a client who asked;
"is it true that copyright means that anyone has the right to copy?"
mind you he was chinese.

I sell my photos to the architect, the architect gives them to the magazine for a story
the magazine prints the story and one out of 3 there is no mention of credit
my photos have been printed in magazines without a credit so many times here, it is not funny anymore
and there is really not much I can do about it, other then gently educate them by telling them not to do it again.

[CBarrett]

the other day I met a friend of a client who asked;
"is it true that copyright means that anyone has the right to copy?"
mind you he was chinese.

I sell my photos to the architect, the architect gives them to the magazine for a story
the magazine prints the story and one out of 3 there is no mention of credit
my photos have been printed in magazines without a credit so many times here, it is not funny anymore
and there is really not much I can do about it, other then gently educate them by telling them not to do it again.

Marc,

In the US, even when the Architects give the images to the magazine, I still collect a usage fee from the magazine, not that much sometimes, but something.  

-C

Which reminds me, I forgot to send the last one an invoice.

[CBarrett]

Interesting - so how does that work then ?

Questions:
1. What Usage Rights do you grant the Architects i.e. Exclusive / Non Exclusive use, Media use, Period of use, Territory ?

2. Is this 'advitorial' features or 'editorial' features you are referring to ?

3. Do these magazines commission features or are the features always sent in... by the likes of Architects ?

4. Are they mainly Trade type magazines (read mainly by other Architects and / or people in the building industry) or are they   Pubic-interest type magazines (read by the mass-market / home-owners / business-owners / property-owners, etc ) ?

5. If the Architects are submitting your images, do the magazines then contact you first, about obtaining a 'Licence to use' the images, before they publish them ?

6. Do you ever submit your the images to magazines directly, for them to use ?

7. Do you sell on the bases of 1st Rights, 2nd Rights / Exclusive use, Non Exclusive use, etc ?

8. If so, how do you control that, if the Architects are submitting your images ... possibly without you knowing who all they have sent them to ?

Cheers,
Ashley.

Well, without getting into too many specifics, my clients end up with a license to use the images for their materials.  Magazines constitute a 3rd party who would have to obtain their own license.  There are just a few of them I deal with on any regular basis... Interior Design, Contract, Metropolis, Architectural Record... etc.  They are actually pretty good about contacting me when they are considering running an article and will ask for the hi res images and we'll discuss usage costs.  It's not something I intend to spend my time policing.  I don't submit the images directly to the magazines as most of my clients have their own marketing departments who are working very hard to get the shots published.  When it happens, I just have to answer a couple emails and send an invoice.  My experiences in the US have been very forthright and friendly.

When my clients get published using my images it strengthens our relationship, provides me with advertising via photo credits and some additional income from the magazines.  All good.  I try to make this easy for all parties involved without giving my rights away.  I have this long standing client in Chicago...one house we shot was on the cover of Metropolis another one was on the cover of Azure (out of Toronto).  For both publications those issues were there highest selling ever.  The client was so proud to relay that news to me and it only elevates the value of my photography in his eyes.  

I'm not sure that I really have a point, other than to say it's always in our best interest to be published.

-C

[marc gerritsen]

Marc,

In the US, even when the Architects give the images to the magazine, I still collect a usage fee from the magazine, not that much sometimes, but something.  

-C

Which reminds me, I forgot to send the last one an invoice.

I still get usage fees of projects I shot 2 or 3 years ago, but indeed only from western architects/magazines
copyright here is a warped idee
i do however sell more and more through stock libraries or even directly to magazine and book publishers
and that income is steadily rising each year

[rethmeier]

There is a company in Spain,called Loft publications.
Currently I have an outstanding account for 4 Invoices totalling the measly amount of 975 Euros.
All the images are used and printed,however they can't pay me.
All I hear from them that they have financial difficulties.

I told them that they are breaching the international copyright act and still no money.

The only positive thing is that I have 4 more books out there with my pics.

At least they give you credit!

Best,
Willem.

[CBarrett]

To follow up, I wrote them a nice but serious letter.  They responded with embarrassed apologies and agreed to remit payment promptly.

Cool.

[asf]

There is a company in Spain,called Loft publications.
Currently I have an outstanding account for 4 Invoices totalling the measly amount of 975 Euros.
All the images are used and printed,however they can't pay me.
All I hear from them that they have financial difficulties.

I told them that they are breaching the international copyright act and still no money.

The only positive thing is that I have 4 more books out there with my pics.

At least they give you credit!

Best,
Willem.

Willem, I have exactly the same experience with Loft Publications ..... They have been promising me payment since 2007

Got a nice email from them this am saying they would pay soon, to which I fwded them the same email they sent me last December.

Bunch of crooks?

They've also promised me copies of the books they've never sent.

As a US based photographer I find the only clients who either never pay or pay extremely late are the ones out of Europe. Right now off the top of my head there are unpaid invoices from "clients" in Denmark, Spain (2x), Yugoslavia .... All were very insistent on needing the images right away, and all bargained with me over fees. One has actually said now they won't pay. The amounts are never enough to press any legal action (if that's even possible).  English, French and German clients have always paid me quickly.

Do those of you based in Europe have similar experiences? Opposite? Perhaps they do this more easily to those out of the EU or just in other countries ?

[Dustbak]

To follow up, I wrote them a nice but serious letter.  They responded with embarrassed apologies and agreed to remit payment promptly.

Cool.

Good for you! Nice to hear it will be resolved so peacefully. Astonishing there are people dealing with images that are so ignorant.

[marc gerritsen]

There is a company in Spain,called Loft publications.

i worked on 6 books with them, but since a year ago i haven't heard from them
i still have one small invoice outstanding......... should follow up, but too busy chasing small fry!!

here's a good thread for a-photo-editor

[rethmeier]

Marc,
it's the principle,not the money.
Why should they be able to use our images for free and get away with it?
My agent in Italy,stopped dealing with them 2 years ago,because they never paid.

They get away with it because they are in Spain.

If they were based in the US,it wouldn't be happening.

Cheers,
Willem.

[Kirk Gittings]

Well, without getting into too many specifics, my clients end up with a license to use the images for their materials.  Magazines constitute a 3rd party who would have to obtain their own license.  There are just a few of them I deal with on any regular basis... Interior Design, Contract, Metropolis, Architectural Record... etc.  They are actually pretty good about contacting me when they are considering running an article and will ask for the hi res images and we'll discuss usage costs.  It's not something I intend to spend my time policing.  I don't submit the images directly to the magazines as most of my clients have their own marketing departments who are working very hard to get the shots published.  When it happens, I just have to answer a couple emails and send an invoice.  My experiences in the US have been very forthright and friendly.

When my clients get published using my images it strengthens our relationship, provides me with advertising via photo credits and some additional income from the magazines.  All good.  I try to make this easy for all parties involved without giving my rights away.  I have this long standing client in Chicago...one house we shot was on the cover of Metropolis another one was on the cover of Azure (out of Toronto).  For both publications those issues were there highest selling ever.  The client was so proud to relay that news to me and it only elevates the value of my photography in his eyes.  

I'm not sure that I really have a point, other than to say it's always in our best interest to be published.

-C

I work virtually the same. Facilitating my clients getting published is very much in my interest too. I make it clear in my contracts that third party publishing must have my written consent and will incur use fees. In 31 years I have only gotten stuck twice, including a current problem with a book publisher in Spain. The problems always seem to be with out of the country publishers and stock sales, knowing it is too expensive for me to legally pursue a invoice for a few hundred bucks in another country. On the other hand a recent stock sale with an Italian book publisher was a dream. Roll the dice.

[asf]

.. a book publisher in Spain ...

Any chance it was the same book publisher? In a way I'd hope so, wouldn't like to think it's anything but unusual for Spain.

3 of us are unpaid by the same company, can't be a coincidence.

[Eric Kellerman]

Do those of you based in Europe have similar experiences? Opposite? Perhaps they do this more easily to those out of the EU or just in other countries ?

My best defaulter lives comfortably in Florida. In 2005, she was fined $1,450,000 for insider trading. Is it any wonder?

Lesson learned: Payment up front, and Google prospective clients first!