About four years ago, I hired a photographer to take photos of my art. Now the photos are on her website with her copyright blazing across them. I don't think I'd mind if she gave me credit as the artist, but nowhere is my name mentioned. I've no doubt this is unethical if not illegal. Does anyone know what I can do about it? Thank you!
2007-10-19 01:29:08 · 8 answers · asked by Marley K 7 in Politics & Government ➔ Law & Ethics
Before it comes to lawyers and anger, contact the photographer in writing. (Keep a copy.) Explain that you did not give permission for her photographs of your work to be displayed and that you want either the removal of those photographs or credit as the artist, assuming you're open to both options, by a certain date.
If she fails to comply by that date, contact the host of her site--the server providing her web space. Most are extremely leery of copyright disputes and will pull the site down (usually without checking) rather than host something iffy which leaves then legally vulnerable.
Only if these actions fail do you need to get yourself a lawyer.
2007-10-19 01:43:10 · answer #1 · answered by Anonymous · 6⤊ 0⤋
dA permits you to do your possess copyright stuff. As for promoting an customary piece, in bodily type, to a purchaser, you'll make your possess laws as to what and what can not be performed to it. If you post a deviation, on the backside you'll have a few choices as to watermark the fullsized snapshot, permit others replica it, or under no circumstances. It's your art work, so it is your coverage. dA does not brain what you do with it so long as you are now not violating different artists' insurance policies.
2016-09-05 15:12:27 · answer #2 · answered by vanterpool 4 · 0⤊ 0⤋
Hi. Do you know if the company using your images has profited? If so, by how much? Maybe you could contact the company anonymously and tell them something like:
"Hi, I was just admiring your site because I'm thinking of going into a like business but not as indepth or detailed as yours. What do you make on average a week because your site looks great and is well presented like the illustration, graphics, pictures, images, like that. Can you tell me what it cost to get your website up and a ballpark figure of what kind of income you make to give me an idea of how I can do this sort of business but only on a part-time manner?"
Get as much info you can from them then contact an intellectual, or copyright attorney in your area to sue and also check the legislation in your own state online as they should have legislation codes and acts in your state online. Type in intellectual property or copyright infringements, like that and see what the law states on that. Get an attorney to work with you on a contingency basis like if he files suit he'll will receive so much payment from what you will receive from prevailing in the suit.
I had this problem once before, and I contacted the attorney general in my state to learn if this company who was using my work on their site had any prior complaints on file. They did but all it took was my complaint to the attorney general and this dumb business immediately took down my images. The attorney general did not take any further action because 1) the bad company took down my images and work, and 2) there were not enough complaints on file from other consumers that the attorney would be warranted to act on.
It depends on if this company who stole your property is high-end, i.e., if they're making lots of $$$, then you could prosper by filing an immediate lawsuit against them, or if the company is not so successful and would be scared into just immediately removing the images they stole from you off of their website.
Hope this has helped.
2007-10-19 01:56:21 · answer #3 · answered by Anonymous · 3⤊ 0⤋
Did you sign a release?
If so, you maybe out of luck.
However, if you didn't, I'd write her an email and ask her at the very least to give you credit and a link to your web site or email address if you want that. Or ask her to pull the images.
Be nice, don't threaten.
=============
On another note:
I find copyright laws are far too restrictive and lengthy that I feel it infringes on freedom of expression.
Example:
I am putting a documentary together. I found some images that were 50 years old. I contacted Getty Images to use them and was told the cost was $1,000 per image.
That pizzzed me off so much that on my personal web site I have declared, with some limitations, part of the public domain. 2500 images.
http://www.pbase.com/sailingjim
Peace
Jim
.
2007-10-19 01:38:58 · answer #4 · answered by Anonymous · 5⤊ 1⤋
Contact an intellectual property (copyright) lawyer. (S)he will send a cease and desist letter (do not try to write one on your own) to the webmaster and probably the hosting site. People will usually remove things from their website and web hosts will often remove pages as a result of this letter.
Yes, this will be expensive, and you may be called to prove that it is your artwork. I will not pretend to know how you would do this, but a lawyer will.
2007-10-19 01:44:43 · answer #5 · answered by NightBear01 4 · 4⤊ 0⤋
Contact her and ask her to either add your credits and date of creation, or to take it off her site immediately.
Just because she photographed it dosent mean she can use it freely. Without YOUR creation (which is copyrighted the moment your start it), her photo would be blank.
Take it easy, dont threaten lawsuits, email her, and ask. Keep it short. She should comply unless she is a complete idiot.
Trying to sue her would be meaningless UNLESS she is making BIG MONEY off that exact photograph. For example, selling prints, and selling alot of them.
2007-10-19 01:34:50 · answer #6 · answered by vote_usa_first 7 · 6⤊ 0⤋
intellectual property attorney
and it'll be expensive.
2007-10-19 01:32:40 · answer #7 · answered by Spock (rhp) 7 · 2⤊ 0⤋
THAT is VERY ILLEGAL... you can sue her.
2007-10-19 02:09:05 · answer #8 · answered by Anonymous · 1⤊ 3⤋