Copyright Infringement - Calling All Stock Photographers

Lead_Head

Lead_Head

Lead_Head

Soldato
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Hello all,

I'm after a bit of advice. I've discovered that an image of mine has been used without authorisation after, I presume, being lifted from an article that had purchased a license through my agency to use legitimately.

I have contacted the individual to request evidence of the license and on response has apologised profusely. I have now insisted for payment for use of my image and provided an invoice, however they have now responded with a massive sob story on how they cannot afford to pay for the use.

I'm undecided whether to persue payment, negotiate a lower rate or somehow use him to promote my website and agency images.

What would you do in this instance, as I do have a conscience but also a business to protect the assets on.
 
Depends on the usage really? Is this a guy on a blog, or a multinational company...

Guy hosting his own little blog, probably a careless mistake.

kd
 
I'm not sure I follow on your third option, of using him to promote your website and agency images...?

Presumably if it was somebody who is in some kind of position to get you really good exposure, they likely would be able to afford to pay the fee to licence your work.

Otherwise, I would think it ultimately comes down to how you decide to pursue it. If they have stolen your work, then I would think you could sue through small claims, but ultimately thats probably only worth it if its a fair sum of money and it can be proved that they also profited from the use of your work.

These are just my own ramblings, I'm sure the expert pros who have suffered this kind of things on forums like Talk Photography would be able to give better advice.
 
As above.. if it's a big time agency/multinational company then pursue it. If it's just some dude with a tiny little blog who used it by mistake, just ask him to remove it and be done with it.
 
If it's someone who is making money off of your photograph then by all means pursue payment.

If it's someone who has used it by accident, unaware of the licensing laws, and with the knowledge that it was copyright protected, would have sought out a free image rather than pay for one, then leave him be.

Generally the people who 'steal' these images just don't really realise what they're doing, and aren't making anything like the money for it to be a serious loss to you. Just ask them to give credit and not do it in future without asking. Don't be one of those photographers who baits people into using his/her images in articles by making them easily available, then slaps everyone with a 3 figure invoice.
 
Sounds about right.

I was also going to add, if you are Agency represented, can't they help with this?
Or are we talking more a stock agency which has very little connection with the people whose work they sell?
 
Cheers for the replies all.

The guy seems really genuine and has offered to work in collaboration with potential image uses in the future.

I think for this one as its an individual I'll let it slide but the others are companies who I will persue.

I don't put any images freely available on my own website that are used on my stock agency. I'm not pretentious about my work, if an image was stolen from my website I'd put that down to my mistake or look at it as a compliment. This image was taken from a national newspaper story that hold sold a license to use via the stock agency.
 
Lead_Head said:
Hello all,

I'm after a bit of advice. I've discovered that an image of mine has been used without authorisation after, I presume, being lifted from an article that had purchased a license through my agency to use legitimately.

I have contacted the individual to request evidence of the license and on response has apologised profusely. I have now insisted for payment for use of my image and provided an invoice, however they have now responded with a massive sob story on how they cannot afford to pay for the use.

I'm undecided whether to persue payment, negotiate a lower rate or somehow use him to promote my website and agency images.

What would you do in this instance, as I do have a conscience but also a business to protect the assets on.
Click to expand...



Simply tell the agency that they stole your image, the agencies legal department will take care of the rest.
 
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