ButchS Loc: Spokane, WA

The advice that you are getting about the lawyer is a good idea.

Something you need to know... Any creative work you make is automatically covered by copyright for the life of the artist plus 75 years. However, if you don't register your copyright with the government, the damages that you can recover are limited.

You can register your copyright for multiple works under a single registration by registering them as a "compilation".

BuckeyeBilly Loc: St. Petersburg, FL

Yeah, the TALK is cheap and maybe free but anything else beyond the talk or advice will cost you.

catchlight.. Loc: Wisconsin USA- Halden Norway

I do not see anything on your bio to indicate you are a professional? Is this a one time thing on a single image?

Can you post the image with the watermark for an opinion on the value?

SteveR Loc: Michigan

You're checking with the wrong people. Contact an attorney specializing in this type of theft and, well, sue.

jeep_daddy Loc: Prescott AZ

This is what I'd try first. Get a lawyer to send them a cease and desist letter on their letterhead. If the threat causes them to pull the offering down, it's a win win and shouldn't cost you much. Call around and lawyers and just ask the person answering the phone how much for "one" letter of cease and desist on letterhead.

Los-Angeles-Shooter Loc: Los Angeles

As to USA law, misleading, clueless, and profoundly misguided. TIMELY registration is key to enforcing copyright. The OP MAY also have a case under right of publicity. Eg., CA CivCode 3344 and equivalent in other states.

Los-Angeles-Shooter Loc: Los Angeles

Your post is error piled on error. To point out one example, you are clueless about registration. TIMELY registration is key. And registration, even tardy, is REQUIRED to file a copyright suit. Why do you proffer 'advice' when it is so dangerously in error.

Los-Angeles-Shooter Loc: Los Angeles

If the image is timely registered, the above statement is 100% false.

Los-Angeles-Shooter Loc: Los Angeles

100% Wrong.

photoman43

You are protected under the DMCA. You can send out your own "takedown" notice w/o having to hire a lawyer. (I have done this myself and it works.) More info at these links:

https://www.photoattorney.com/google-questions-photographers-dmca-take-down-notice/

https://www.upcounsel.com/dmca-notice

repleo Loc: Boston

So what would be the basis of the award - if any?

photoman43

In my case, the person who sold my image had to return all funds he received from the unauthorized sale to me which he did. If I had formally copyrighted the image (I had not) I could have taken him to court and got him convicted as a felon.

I am not sure if there would be any reward in your case--an attorney would have to advise you.

E.L.. Shapiro Loc: Ottawa, Ontario Canada

Your original photography has intrinsic copyright even if it is unregistered. I hope you marked it properly, at least, at the back of the print OR on in a watermark on a digital media image.

Watermark or printed on the face of the image should be as follows: (C)Your name, Date and the words "All rights reserved". At least the copyright symbol you name and date!

The retainer fee for a good copyright/patent/intellectual property law firm or lawyer, will probably well exceed the financial loss you have sustained by unauthorized usage of your images (in this case), however, you should pursue the matter to prevent further violations and set the offender straight. You may receive some compensation.

Send the newspaper a registered letter accompanied by an invoice for you normal rate for usage. In the letter, state the following:

"Please be advised that your publication has reproduced and published my copyrighted photographic image without written or verbal authorization. Find attached, my invoice for my general rate for authorized usage of my photographs for a one-time insertion in a general news publication or trade magazine. I will expect prompt payment in order to preclude legal action.

In the future, please contact me to secure authorization prior to the publication of my photography". Enclose a copy of the published printed image including the dateline an masthead.

I have done this on a number of occasions and was successful in securing payment and better business-like relationships with a number of publications and other clients.

Going forward, include a notice of copyright in all your contracts, invoices and your work orders.

In one particular case, I took the issue to small claims court and filed a claim against a client who illegally reproduced my work. The notice of copyright was in my contract and billing forms and signed by the customer. The judge found for me and ordered the client to return all the unauthorized copies to me, and pay my fee for properly and legally made prints. There were no damages awarded but the customer paid the court costs and I received the money and provide the prints. The color lab that made the unauthorized copies was put on notice and it was good to set an example as a preventative measure. There are no lawyers involved in small claim court in must jurisdictions and some entertain calms up to $5,000 or more.

You can retain the copyright and receive payment for each time an image is used, you can sell the copyright outright and be done with it- sometimes it is impossible to track every usage and it pays to sell the rights for unlimited commercial use. It's up to you, you can negotiate any deal you prefer. If you want to be treated in a professional manner and of course, protect your interests, make certain to get all theses arrangements in writing. Most folks do not object to doing things in a businesslike manner. If the do, you are probably in for some unpleasant shenanigans! Musicians are very aware of copyright laws regarding recordings, broadcasting, publication, usage or performance of their original material. They will be cool with it!

Shel Loc: Lecanto FL

As a retired intellectual property attorney, just want to say that I agree. Registering a copyright with the Library of Congress (https://www.copyright.gov/) is a simple inexpensive process. Sending a notice that you have copyright protection might work and would be less expensive than hiring an attorney that specializes in copyrights.

photoman022 Loc: Manchester CT USA

I'm no copyright lawyer and I never played one on television, the one thing I do know is that I would consult would a copyright lawyer in this case. Unless someone on here is a copyright attorney, all you will get is conjecture.

I do know that if you did not register your photos with the copyright office, then you will, by law, receive limited damages. A good attorney will tell you whether or not your case is worth pursuing monetarily. You can order the offending company to take down your images and cease selling them. Or you could offer them a licensing agreement.

By the way, great photo!