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Now What Do I Do?....

Bryce WilsonBryce Wilson Registered Users Posts: 1,586 Major grins
edited June 7, 2011 in Mind Your Own Business
I did a shoot, at the request of a local gym owner, complete with my own "model" in which I obtained a release from the parent. Digital proofs were provided to the client and I was informed that the images weren't quite what they were looking for.

Now, 9 months later, I see one of my images (albeit a poor resolution image) pop up in a newspaper add for a different application. What should I do?

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    Art ScottArt Scott Registered Users Posts: 8,959 Major grins
    edited May 29, 2011
    without knowing all the particulars of your agreement when you made the agreement....no one can really help out.
    My best advice is to consult an attorney.....and they will need all the particulars and the signed contracts and all....
    Good Luck.
    "Genuine Fractals was, is and will always be the best solution for enlarging digital photos." ....Vincent Versace ... ... COPYRIGHT YOUR WORK ONLINE ... ... My Website

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    SamSam Registered Users Posts: 7,419 Major grins
    edited May 29, 2011
    Based on your post and for most minor issues do not contact an attorney as a first step! This should be your last option.

    As Art asked...what are the particulars? Were you paid? Was this on spec? why did you use an under aged model? Was the model paid? Did you have a written contract? Can you define "not what we were looking for"? Images?

    Sam
    www.samlinvillephotography.com
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    ziggy53ziggy53 Super Moderators Posts: 23,904 moderator
    edited May 29, 2011
    At very least contact the newspaper and notify them that they may have an advertisement including your image which includes a minor aged model which is being used without your permission and, probably, without the minor's parent's permission as well.

    Do contact and notify the parents of the model as they may have a separate interest in the matter and they need to know that you were not involved in this ad.

    Document every contact action you make.
    ziggy53
    Moderator of the Cameras and Accessories forums
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    Bryce WilsonBryce Wilson Registered Users Posts: 1,586 Major grins
    edited May 29, 2011
    Thanks for the input guys. This is new territory for me.

    The job was done on spec. The understanding was that if they liked my concept and used the finished product, a fee would be paid. About a week after "proof" delivery, I was told that they weren't interested in using my images.

    The child's parents were informed of the purpose of the photo shoot and the eventual possibility some images may be used in advertising. They signed a release in exchange for one dollar and some finished print product.

    Very good idea about getting the subjects parents involved with this though!
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    SamSam Registered Users Posts: 7,419 Major grins
    edited May 30, 2011
    If my understanding is correct this was all done verbally, without any specific "fee" discussed for use of the images.

    Leaves the question what do you think is a reasonable fee? $100.00? What does the client think is a reasonable fee? $3.00?

    Why not call the client and reiterate your original agreement, discuss the issue and ask for a fee?

    If you want to contact the parents to let them know their little darling is now in the news paper, fine, but they already knew the photos were intended for advertising. I wouldn't bring up the subject that you believe the image was used without permission.

    Sam
    www.samlinvillephotography.com
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    John PatrickJohn Patrick Registered Users Posts: 52 Big grins
    edited May 30, 2011
    You say "a different application." What do you mean by that? Is it the gym, but a different ad? Is it advertising for something other than the gym? If it's the latter, I'd start out by contacting the company the ad is for, tell them that you are the photographer who created that photo, own the copyright, have not licensed the photo, and ask where they received the photo from. You may want to tell them that they are in violation of the US Copyright Act if you wish, but I'd go after whomever provided them the photo, because I'm betting that the provider SOLD them the photo and "rights" that they didn't own.

    John
    John Patrick
    Canon shooter
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    Art ScottArt Scott Registered Users Posts: 8,959 Major grins
    edited May 30, 2011
    the actual application really doesn't matter......what matters is the original client told the OP that they did not like his images and did not want to use them...so they have no license...implied or otherwise....hence why I suggested an attorney appointment.....the initial consultations are normally free, so no cost to OP......

    In this case the less the OP says about thje actual infraction the better.....one smal slip on the internet could do damage to him or his case if he slipped in what he writes....and I am sure he does not need to have charges of libel or slander brought against him.....it is a good thing he is not being totally forth coming with information.......
    "Genuine Fractals was, is and will always be the best solution for enlarging digital photos." ....Vincent Versace ... ... COPYRIGHT YOUR WORK ONLINE ... ... My Website

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    entropysedgeentropysedge Registered Users Posts: 190 Major grins
    edited May 30, 2011
    Art Scott wrote: »
    the actual application really doesn't matter......what matters is the original client told the OP that they did not like his images and did not want to use them...so they have no license...implied or otherwise....hence why I suggested an attorney appointment.....the initial consultations are normally free, so no cost to OP......

    In this case the less the OP says about thje actual infraction the better.....one smal slip on the internet could do damage to him or his case if he slipped in what he writes....and I am sure he does not need to have charges of libel or slander brought against him.....it is a good thing he is not being totally forth coming with information.......

    +1
    Hopefully the OP has registered the images from the session with the Copyright office (copyright.gov); it would make his case stronger ... and also, copyright law is federal law, if the op has to go court over this, it will have to be federal, not the local small claims court
    L. St.Romain
    www.fastcatstudio.com
    www.fastcatstudio.net - blog
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    ChatKatChatKat Registered Users Posts: 1,357 Major grins
    edited May 31, 2011
    Copyright
    If you did not file a copyright - you can do a takedown and write a strongly worded letter. You can send a bill but you have very little you can do beyond that.

    I learned a while back that you could file copyrights on all your photos. Then you have more leverage to deal with this.
    Kathy Rappaport
    Flash Frozen Photography, Inc.
    http://flashfrozenphotography.com
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    George07748George07748 Registered Users Posts: 30 Big grins
    edited May 31, 2011
    ChatKat wrote: »
    If you did not file a copyright - you can do a takedown and write a strongly worded letter. You can send a bill but you have very little you can do beyond that.

    I learned a while back that you could file copyrights on all your photos. Then you have more leverage to deal with this.

    I'm not a pro, but I'm wondering... do you need to specifically file a copyright? I was once told by someone (perhaps here) that all you need do is put the copyright statement in the exif data.

    -Don't want to get burned....
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    ColoradoSkierColoradoSkier Registered Users Posts: 267 Major grins
    edited May 31, 2011
    George07748 wrote: »
    I'm not a pro, but I'm wondering... do you need to specifically file a copyright? I was once told by someone (perhaps here) that all you need do is put the copyright statement in the exif data.

    -Don't want to get burned....

    Start with this PDF from the US Copyright Office.
    Chester Bullock
    Lakewood, Colorado, USA
    My Pictures | My blog
    Facebook | Twitter
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    MomaZunkMomaZunk Registered Users Posts: 421 Major grins
    edited June 5, 2011
    George,
    You definitely own the copyright regardless of registering the images, but an attorney, apparently, will not take a case without registration.
    Metadata can easily be stripped from an image, so this is only a safeguard for the honest folks out there.
    Dee Zunker

    Website
    Facebook Twitter Google+
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    George07748George07748 Registered Users Posts: 30 Big grins
    edited June 7, 2011
    MomaZunk wrote: »
    George,
    You definitely own the copyright regardless of registering the images, but an attorney, apparently, will not take a case without registration.
    Metadata can easily be stripped from an image, so this is only a safeguard for the honest folks out there.

    Thanks!
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