Photographers and copyright infringement....?

Question

Ever found your photos displayed someplace not agreed to??

What did you do? Send a letter?? Have a lawyer send a letter? Court actions?? Track the dirtbag down, and make its life miserable??

Any anecdotal tales to tell??

Answer 1

Not mine specifically, I had a friend who's picture he had licensed for wikipedia (hes a damn good photographer) and Apple computers ripped it off for a promotional video. They didn't follow the terms of the license and I think he's seeking legal action.

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I feel like there is no reason to give them a "kind word" when they are steeling your stuff. Ignorance doesn't mean you should be nice to them. I would recommend being friends with a lawyer so they can give you a hand.

For most people, a strongly worded email should scare the crap out of them, however, if you handle the letter incorrectly, there is a chance you could end up messing up you case in the event you wanted to take legal action later.

Answer 2

First appreciate that they may not be doing wrong, so a letter or a calm word might be a good way to start, along with a brief explanation of the Copyrights, designs and patents act.

See how they react... there's no point briefing a solicitor unless the other party can pay, and if they can pay they can also probably fight your claim. But my next port of call would be a letter from a solicitor and an injunction if they were a commercial organisation.

If you're a pro contact the AoP or another decent photography body... free legal cover!

Answer 3

There are 2 concerns: copyright and trademark. Basing something on a franchise often isn't copyright infringement, even though it would desire to be trademark infringement. Dressing somebody as Indiana Jones isn't a copyright infringement, even though it would desire to infringe the trademark. Copyright protects the tangible embodiment of a ingenious artwork. Trademark protects an emblem or be conscious it extremely is linked with a products or services. The symbols linked with the Indiana Jones franchise are emblems, and utilising them in a fashion that would desire to confuse consumers, or dilute the kind, or harm the acceptance of the franchise would desire to be infringement of the emblems. Copying movies from the franchise, or photos, or drawings or paintings, would desire to be copyright infringement. Copyright is tempered by utilising honest use. a image of a toy possibly does no longer be infringement, even though it relies upon. arising unique paintings isn't copyright infringement, yet while it includes emblems, it would desire to be trademark infringement. It in simple terms relies upon. psychological sources regulation is usually a grey section. in lots of cases you do no longer understand which way issues will flow except they actually finally end up in court docket. a physically powerful IP legal expert provides you very smart advice, yet even then, there at the instant are not any ensures. it extremely is problematical at cases. in lots of cases, the occasion with the main funds wins. by utilising the way, copyright is a legal secure practices. Copywriting ability writing text cloth for issues like promoting or information.

Answer 4

First you have to send a "cease and desist" letter. Cause you have to give them the benefit of the doubt that they didn't know your photo was rights managed. From there you can take it to court for violating your copyright. But of course you have to have the photo copyrighted first and not just be the photographer.

I did have an undergraduate use some of my files when i was in college. I didn't give him a letter but more backed him into a corner. He stopped. He knew exactly what he did so he apologized and that was that.This is why I now just create tear sheets and give on request rather then post a portfolio online.

Answer 5

My first website was put up when I had an AOL account. It was a pretty good deal, since I could have as many sites as the number of screennames I had, with the only limitations being the bandwidth used.

I quickly put up a site to display samples of artwork and page layouts.

http://members.aol.com/VSM66

Within a couple of weeks, I saw one of my images (the one labled "Crank" in the fantasy and science fiction section) on someone else's AOL page. I contacted the user, via his e-mail listing and asked him/her to remove it. It did not come off, after waiting three weeks, so I contacted AOL customer service. I didn't get a response from them, but the other person's page had been completely removed.

That satisfied my immediate concerns, but I did worry about future incidents. I haven't had an AOL account for about three years, but, no matter how many times I've tried to contact them, they will not delete that page. I did do two more things to protect my artwork. One was to register the entire page (graphics and html code) with the copyright office as a single, body of work. The other was to establish a portfolio site with, absolutly no contact information and each graphic identified with a simple alphanumeric code as a file name. I give the url, ONLY, to potential clients, with the expressed understanding that the page is for display purposes, only and for them to contact me if interested in commissioning any work. I update the page, about two or three times a year by rotating the samples, not leaving any on the server for archives.

So far, I have seen no other example of work pirated from ANY of my sites, including the old AOL one.

Answer 6

Contact them 1st and present your terms of settlement, if that don't do get your lawyer. If you were a PPA member, you could contact them and they would take action for you.