Organization used my photo without consent to make money. What to do?

MoonMan04MoonMan04 Registered Users Posts: 69 Big grins

So basically I submitted a few photos to a photo contest, they sent the consent form and I declined. Months went by and one of buddy's noticed my picture in a calendar they created which were on the shelves in Safeway. I then contacted them saying how unethical they were and how disappointed I was and they responded by telling me their intern made a mistake and that they're sorry and to please understand that they're a non-profit and that their profits go to the local community there. I responded by asking more detail about how they were using my photos and what not and they simply ignored my email which is why I want to escalate the situation. All of what I am saying can be proven via an email dialogue. I think it's about time I get paid for this photo because I know they didn't pull all the calendars off the shelves and reprint the calendar. If they are making money for it I certainly deserve a slice. Does anyone have/know of any resource that I can work with to combat these folks?

Kyle C. Moon
Portfolio: Moonman.Photography

Comments

  • MitchellMitchell Registered Users Posts: 3,503 Major grins

    What is the organization that printed the Calendar? If it is truly a non-profit charitable organization, your best bet may be to have them give you a receipt for the value of your photo as a donation to the charity and then claim it as a tax deductible donation.

  • MoonMan04MoonMan04 Registered Users Posts: 69 Big grins

    The organization is Unalaska.org. I'm not sure exactly what kind of organization it is, but it appears to be more of an organization that promotes tourism. So what you're saying is they would write me up a reciept for the value of my photo even though they didn't give me any money and I could just then deduct that from my own taxes? @Mitchell

    Kyle C. Moon
    Portfolio: Moonman.Photography

  • denisegoldbergdenisegoldberg Administrators Posts: 14,220 moderator

    @MoonMan04 said:
    The organization is Unalaska.org. I'm not sure exactly what kind of organization it is, but it appears to be more of an organization that promotes tourism.

    It appears that this is the local tourist bureau, statement from the site:

    All photos and content copyright of Unalaska/Port of Dutch Harbor Convention & Visitors Bureau

    From alaska.com:

    The Unalaska/Port of Dutch Harbor Convention and Visitors Bureau is established to promote and encourage tourism and to support the development and sustainability of tourism infrastructure in the Unalaska/Dutch Harbor Region.

  • MoonMan04MoonMan04 Registered Users Posts: 69 Big grins

    Thanks @denisegoldberg! So yeah, a company that promotes tourism which is a business. I deserve my cut for my photo.

    Kyle C. Moon
    Portfolio: Moonman.Photography

  • MitchellMitchell Registered Users Posts: 3,503 Major grins

    Yeah, that's no charitable organization. I would expect to be compensated for the photo.

  • ian408ian408 Administrators Posts: 21,904 moderator

    When asking for compensation, don't forget to use the number of calendars produced in your calculation for compensation.

    Moderator Journeys/Sports/Big Picture :: Need some help with dgrin?
  • bsharpbsharp Registered Users Posts: 92 Big grins

    MoonMan
    You could also contact www.imagerights.com
    For a fee, they should be able to collect for you, and more than likely whey will be able to get you much more than you could yourself. In my experience, well worth the small amount that they charge.
    Tell them that I reffered you.
    Brad Sharp
    www.sharpfotos.com

  • MoonMan04MoonMan04 Registered Users Posts: 69 Big grins

    Thanks @bsharp! I'll look into it.

    Kyle C. Moon
    Portfolio: Moonman.Photography

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