Company used my photo with out my permission

7 years 6 months ago #498712 by Ryan711
A small retailer here where I lived has used one of my photos in an online ad on their  Facebook page.  I called them up and told them they didn't ask for my permission nor offer to pay me for the image.  

"This must have been an accident" and they took the photo down.  I can see before it had been pulled that it had 3477 shares and a ton of likes.  So they have benefited from my image.  

Should I send an invoice to them and if so, how much should I ask?  


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7 years 6 months ago #498740 by Colorado Mike
Did you get a screenshot of the image before they pulled it?


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7 years 6 months ago #498751 by icepics
For future reference it sounds like you did a verbal takedown notice, but it's probably better to learn how to issue a written DMCA takedown notice.

I did an online seminar thru ASMP but don't remember offhand if there were suggestions on if/how to follow up to request payment. I know that it apparently doesn't seem worth court costs, lawyer fees, etc. to sue a small company in particular.

I'm not sure how you'd determine usage based on number of shares/likes. Usually usage would be for a certain amount of time such as a year's usage on a company's website, in brochures, etc.

I'd think too about where you're putting photos online and look at Terms on the site to make sure you didn't agree to allowing the site or third parties etc. to use your photos. Consider watermarking to try to protect your photos and discourage unauthorized usage (might make it harder at least). You might need to think about being more selective in posting photos. Not that what the company did was right, but it seems necessary to protect your work online as much as possible.

Sharon
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7 years 6 months ago #498754 by MM Images
tough call, I would look to see what others are licensing similar photos for.  And charge 5x for it.  


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7 years 6 months ago #498844 by Zeberk
So wait, if the company took the image down and let's say you don't have a screen shot.  Can you still have grounds to collect?  


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7 years 6 months ago #498870 by Screamin Scott
If the photo wasn't egistered with the Copyright office, it will be hard to get financial compensation if they fight it.

Scott Ditzel Photography

www.flickr.com/photos/screaminscott/

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7 years 6 months ago #498878 by PhotoViking
I'd think (at least) twice before launching a "war": The only winners in a war are those delivering weapons and ammunition, all others loose......

Why not try to turn it into something positive:
Talk to them again: "You used my photo - and profited from it. As a compensation you could hire me for a regular shooting; Yo DO know how good my photos are..."

Just a thought........;)

Festina lente!
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7 years 6 months ago #498911 by Stic

PhotoViking wrote: I'd think (at least) twice before launching a "war": The only winners in a war are those delivering weapons and ammunition, all others loose......

Why not try to turn it into something positive:
Talk to them again: "You used my photo - and profited from it. As a compensation you could hire me for a regular shooting; Yo DO know how good my photos are..."

Just a thought........;)


Not a bad idea...


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7 years 6 months ago #498967 by ThatNikonGuy
I think the idea is good, if they don't move forward on this, then plan B. 


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7 years 6 months ago #498976 by Vahrenkamp
Diplomatic approach that I would say would be worth pursuing.  


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7 years 6 months ago #499046 by Martin
+1 good idea


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7 years 6 months ago #499094 by icepics
But to be able to do that, it would be necessary to have a portfolio of commercial work ready to show prospective clients, to know how to price commercial work, to be able to draw up contracts and license usage, etc. etc.

If it's a small company that just snagged a photo online I don't know if it's too likely they'd be looking to contract with a photographer for future work.

Sharon
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7 years 6 months ago #499111 by Neillien
I agree that finding a diplomatic and genial solution is likely a better solution than fighting this particular battle. Use it as a learning experience to protect yourself in the future and see if you can make the best of the situation rather than trying to hurt the business, which (unfortunately) likely won't result in any sort of satisfying outcome.


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7 years 6 months ago #499137 by CanonKid
So, what happened here?  Did you contact the company?

Canon 7D, 15-85mm, 18-55mm, 70-200mm, 100mm Macro, Sigma 120-300mm, Speedlite 430EX II

A bad day at the race track is better than a good day in the office

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7 years 6 months ago #499331 by Crammer
I like the diplomatic approach.  So did they respond?


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