Luminous Landscape Forum
Equipment & Techniques => Pro Business Discussion => Topic started by: andaremos on May 23, 2016, 05:13:12 pm
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First of all, I am not a professional photographer so I am not sure if I should post here.
I just discovered one of my images being used to promote a business.
The image in question must have been taken from my blog.
I did not register copyright on the image so I am not sure what I can claim.
The image in question is that of a local fishing charter boat as it heads out to sea.
The image was lo-res and is being used in the boat owner's website gallery of fishing photos.
The image was copied exactly as I posted it on my blog and it still has my original EXIF info with my name and original title.
The image I published in my blog did not have a watermark.
Just wanted to hear from more experienced pros here before I try to contact the owner of the boat.
How should I approach this?
Should I request the boat owner to take it down? Should I ask for some kind of payment?
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I have small businesses here take our images. I send them an invoice and ask them to pay or take them down. They almost always take them down - only had one pay once. I have had to contact facebook and a business' isp to get them to take down images before when the business owner didn't comply.
I'm not into suing people - it would take a lot for me to ever do that. But I will pursue it until they take it down.
Hope this helps.
Sharon
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Subject to country to country variations of law?
Perhaps you could keep it low key by contacting him to say you are pleased he liked the picture but he is using it without permission and you would happily allow its continued use on "these terms" and payment. If he does not want to play ball then tell him it must be taken down.
You never know if by playing it non confrontational you might get some ongoing monetary benefit or payment in kind???
I look forward to reading posts by those more in the know on such matters.
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Email the owner, ask that it be removed or paid for. If no response, ask his ISP to take down his entire site under DMCA. That usually gets their attention.
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I don't think you need to go to war over the issue...Box Brownie is close to my approach and have used it several times with success. Using the friendly method, I made some great friends over the years.
Peter
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I don't think you need to go to war over the issue...Box Brownie is close to my approach and have used it several times with success. Using the friendly method, I made some great friends over the years.
Peter
I agree - as annoying as this is it may well be pure ignorance on the part of the perpetrator.
If it is a friendly approach may well result in a much more rewarding outcome than aggression at the outset.
Sometimes more extreme measures are required but use a graded approach.
Tony Jay
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Yes, keep it friendly if you can.
One local real estate was using my image on their home page. I sent them an invoice and they took it down...blaming their web designer for the oversight.
Another was a local graphic designer used another image on an online flyer for an event.
I was a little more abrupt with her as she had previously requested a quote from a direct-contact stock photo agency that I had some images on and then didn't take it any further. Next thing I know, she has used a screen dump of the same image in a flyer.
She paid up when I sent her an invoice. :)
I have also used a DMCA take-down notice previously with success, but that was a little different - Some muppet had one of my photos on his own Red Bubble site, allowing people to order prints from him and not me. Red Bubble are very quick to act on DMCA notices to their credit.
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I don't think you're going to make any money in this situation, so doing nothing you haven't lost anything.
If you ask him to pay up or take it down, he will likely take it down, no matter how nice you are. What have you accomplished?
If you ask him nicely to please credit you, and don't ask him to pay, he will likely leave it up and people will see your name. You win.
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I would call the client and just educate him about using someone else photos. You might be able to turn it around and get him to post your link and web site info. If it is only a low res image than try to make it a win win for everyone. Maybe if you like to fish ask for a free trip or maybe ask for fish. This could turn into a job or a good friend and lots of referrals. Maybe you could get a good relationship with owner and he calls you when a boat comes in and you go down and shoot pictures of their catch. A friend od =f mine turned it into a fish printing company. Do not see it as a bad situation see it as a opportunity. here is my friends web site where boat captains get him jobs all of the time. http://mauifishprinting.com/ or his facebook is https://www.facebook.com/MauiFishPrinting/ I have lived long enough to know that in every trial or problem their is a opportunity.