Photos taken for fun used by manufacturer without permission, what to do?

Soldato
Joined
8 Nov 2003
Posts
5,612
Location
Bedfordshire
I am a member of a car forum which is quite new to the scene but has a few experienced members, as an owner and I enjoy karting I quite often go to organized meets. Car photography isn't something I've really done before so I took a few shots to post on the forum. All images were watermarked with my name. A few members asked if they could upload the photos to social media which I didn't have a problem with as long as the watermark stayed and no commercial use.

A few days later I get a message from the event organizer saying that the manufacturer of the car wants to publish a blog on the event and use my photos (without watermarks) for a credit, no cash available. I go to the blog to see what formats they want to find the blog is already published, 7 of the 8 photos are mine, all with 1/6th of the bottom of the image cropped to remove my watermark, with a small credit under the one photo I didn't take. The same images have been re-tweeted, facebooked etc by other people doing PR for the car manufacturer.

While it's nice to have work out there, the event was organized by volunteers and supported/prizes given by sponsors and suppliers who were very generous. The manufacturer was asked if they wanted to be involved but we were basically blanked by them. As the event was a success, suddenly the PR has taken off and they're almost claiming it as their own.

100's of photos were taken at the event and posted online, if I start getting shirty they could just pull my images and use others, but 7 out of 8 were from my shots (the 8th was a group shot which I was in, no tripod with timer so I didn't take one)

In this situation what would be best? I didn't go to the event with an intention of making money, I went to support the group and to show photos of their cars as that was what the meet was about. The manufacturer gave nothing to the group unlike other suppliers and is running it through their own marketing channels with photos they edited and didn't have permission to use. They did talk about possibly supporting future events but as they never responded to the original requests and are dragging their heels with the next one, I don't know if I should chance invoicing them (if I get paid, the money would be going back into the group as prizes/support for a future meet.)
 
I have taken screenshots of all the content, all the T+C's on the site, exif data of photos on the site... it's a shame I didn't host the pictures on my other server because it would have even shown what time they were taken too.

The person who runs the blog is a freelance photojournalist who works for the manufacturer 3 days a week. I have all communication from between the event organizer and the blogger, he was seeking permission in exchange for credit but posted the blog before getting it. I probably would have given it in exchange for a bit of group support but cropping my images is what's annoyed me more than anything.

As he's freelance, he could quite easily have discussed this with the manufacturer and covered the event for them while being paid his usual day rate, so ideally this is the amount I need to work out to invoice. I know my company would happily invoice at £450 for a standard full day + mileage, but as I've never worked for myself and didn't really want to register as self employed this could cause complications.

All I really want is for the manufacturer to be supportive of the group, offer events, trackdays, prizes for karting, pretty much what all the other suppliers and sponsors do for the group. More than happy to provide them with photos and coverage for their media if they helped support the event, which in this case they did not.
 
I am very tempted to go straight to invoice, the manufacturer were a complete pain when I was buying the car so to "get one back" so to speak would feel great.

I'm struggling how I can prove it without the screenshot logs of the site, links to social media etc as they could quite easily go through and remove the content and deny it. The only proof I would have then is from the car club site where links to the blog are, re-tweets by members and in-site messages discussing the use of images between myself and the event organizer.

In terms of cost, it would be reasonable to assume they would have paid someone at least half a day (+ traveling expenses) to cover the event to select from a choice of photos, then I should add a cost for commercial rights for site and social media use (basically the unauthorized cost) added on top.

Will look into going down the self employed route as if I am going to bill them I better have everything else sorted. I don't even have a proper site as there was never any intention to do this for money.

Thanks for the advice so far :)
 
Well invoicing really does work (so far). Just had an email to say they will be paying the quoted amount. I wasn't too extreme with the figure like some other photographers had suggested, but it was still high enough to make anyone think twice about doing it again. Think they're a bit sour about it though because the blog post has disappeared.
 
Quite surprised how quickly it was settled. My side is happy, not sure how they feel about it as communication doesn't seem to be a strong point for a social media outlet.

These were some of the images from the event, so some of these may or may not have been used. I wasn't quite "with it" when taking the photos due to illness so I was happy with what I had taken when looking through the next day.

gt09_001.jpg


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gt09_026.jpg


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