Copywrite infringement...Now what should I do?
Aug 25, 2019 22:26:41 #
I've been taking photos of a band for 4 years, the band uses my photos with my permission to advertise their gigs, the band and my self each have posted many of my photos on Facebook and websites, the band created a web page and I supplied photos for a press kit. A few printed newspapers and a few digital news outlets used a photo that I took to advertise an upcoming gig. My name is on the photo and the photo is out there. A friend just contacted me and told me someone in a news organization is selling my photo. I did not give anyone permission to sell my photo I only allowed it to be used by the band for promotional purposes. What can I do? Are they allowed to sell my photo?
Aug 25, 2019 22:32:26 #
Do you have a written contract with the band? Did you register the images with the US Copyright office?
Aug 25, 2019 22:40:30 #
No and no, the band and I are on good terms, they did nothing wrong. I do have messages between myself and the band agreeing that they can use my photos. I'm working on a project with them to sell some photos that they will autograph. The image is going to be printed and sold to fans and I and the band have agreed on how much we each get. But all has been done thru emails and phone texting. The news source is trying to sell different size prints without my or the bands permission.
Aug 25, 2019 22:42:58 #
MagicMocha wrote:
I've been taking photos of a band for 4 years, the... (show quote)
A. get the information on who is doing it and information from the band as to if any of them gave permission
B. contact the person doing this and ask about it-that may end the whole problem
C. contact a lawyer Have your original image files with all the exif information available for the lawyer to see
D. follow the lawyer's advice
Aug 25, 2019 22:43:51 #
Here is what is being done, this is my photo, and I did not give permission to sell it. http://newstimeslive.mycapture.com/mycapture/enlarge_remote.asp?source=&remoteimageid=28080988
Aug 25, 2019 22:49:08 #
The band may have a lawyer that is more helpful in protecting their image rights. A "news source" would unlikely support copyright infringement by their organization and would / should be aware they don't own the rights to the image. But, you can see in your 'no' responses you don't have your copyright ownership properly documented.
Aug 25, 2019 22:56:05 #
First, I suggest you consult with a copyright attorney.
I am not sure why they think they can sell the material for profit. Have you called the news source?
I am not sure why they think they can sell the material for profit. Have you called the news source?
Aug 25, 2019 22:56:06 #
I don't see a large market $24 4x6 prints. Therefore, I'd be careful to not generate your own legal expenses trying to prove your rights for an annoying problem. You can value your own time as needed to research take-down notices and pursue similar methods you can perform before purchasing help from people that charge by the hour or even 10-minute increments.
Aug 25, 2019 22:56:23 #
Thanks, have you been thru something like this? If anyone has is the cost of a lawyer worth it?
Aug 25, 2019 23:03:28 #
Yeah they're not asking much but this image is part of a bigger project with other images, them doing this will hurt the sales of my project. I may have to submit a replacement image and the first printing is completed. Thousands of dollars have been spent. I'm not happy but I'm really not sure I can afford a lawyer.
Aug 25, 2019 23:18:10 #
First question you ask your attorney is “how much is this going to cost me to ask you some questions”? Some will do it free others will charge. A good attorney will advise you of the potential costs and possible outcomes, and so a judgement can be made at that point as to if it is worth pursuing.
Aug 25, 2019 23:20:10 #
Aug 26, 2019 00:50:58 #
A lawyer will first send them a cease and disist letter and that may do the trick. That's cheaper than taking them to court.
Aug 26, 2019 03:11:32 #
Pistnbroke
Loc: UK
When you press the shutter its your copyright ..no need to register..as its not taken from a public place you need the bands permission ...so all good... Unless a simple letter from a lawyer will stop them you will spend tens of thousands of $$$ to get compensation of a few $$$
Aug 26, 2019 06:58:19 #
robertjerl wrote:
A. get the information on who is doing it and information from the band as to if any of them gave permission
B. contact the person doing this and ask about it-that may end the whole problem
C. contact a lawyer Have your original image files with all the exif information available for the lawyer to see
D. follow the lawyer's advice
B. contact the person doing this and ask about it-that may end the whole problem
C. contact a lawyer Have your original image files with all the exif information available for the lawyer to see
D. follow the lawyer's advice
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