cnsmerz wrote: I just received an email from the people that ran the ad. They said they got it off social media and was deemed free use by our lawyers as it was not watermarked or copyrighted.
cnsmerz wrote: The spot was shipped Aug 7th and aired local markets for less than a week and is not currently airing. What is your standard rate for use?
Personally I would have a lawyer of my own filing for $25K to start with. But first I would register the photo under the collective works Copyrights. You do have a Copyright the very moment you tripped the shutter. But you need to register it with the office to have full force of law. Their lawyers know that they violated the law, or they would not have offered you a dime. To offer a payment is a ruse at claiming they are being good guys, or trying to do the right thing under the law by offering payment. It is also very stupid on their part, because it shows that they know they screwed the pooch.cnsmerz wrote: We look forward to your response, and from there we can move to get you a release,
figure out payment address, etc So looks like I will get some money after all!
cnsmerz wrote: I did submit this to a online lawyer and he said " Posting something on Facebook or other open social media sites, such as Instagram, YouTube, Google+, and so forth turns the image into the property of the prospective website (in this case Facebook). You can review the terms of service for yourself, as it clearly states that anything posted there now belongs to them. In addition, since this was posted publicly, it also becomes 'public record' and is part of the public domain. By posting it on Facebook, that copyright is no longer exclusive--you can claim that you took the picture but you cannot demand damages or compensation if someone else uses it. This is likely why the entity did not get back in touch with you--as they obtained this off a public site, they do not see it as infringement under the circumstances, and likewise do not see the need to compensate you."
icepics wrote: It seems like on Facebook you may have allowed usage that was transferable and sub-licensable depending on how your page was set. I know photographers that typically link to their own site instead of posting their photos directly on there (or may post sample photos periodically) to control usage.
garyrhook wrote:
icepics wrote: It seems like on Facebook you may have allowed usage that was transferable and sub-licensable depending on how your page was set. I know photographers that typically link to their own site instead of posting their photos directly on there (or may post sample photos periodically) to control usage.
Can you point to Ts & Cs that state this? Because I can't find it. I believe the page is irrelevant; they (terms and conditions) apply to you (as a user) and your posts as a whole.
<caveat>I keep commenting in the interest of accuracy and clarity, as opposed to opinion. I would appreciate correction for any mistakes I make.</caveat>
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