legal issue
Aug 27, 2015 13:48:44 #
An event coordinator I worked with one time about 8 months ago, asked if he could put 6 of my wedding images on his website
to promote my photography and his business. We are no longer working together, but he is still using my images in spite of the fact that I have requested several times for him to remove them from his website. He refuses to reply to my emails, or take my phone calls. Please advise.
I have a second issue with a videographer who I just found out has been showing my wedding website to his potential clients at wedding shows. I received a call from a bride asking me if I was affiliated with this videographer, as she had concerns about him and she could not find any reviews on him, or any website under his name. What can I do to stop this man from using my website to falsely promote his business?
Thank you,
John Galluzzi
to promote my photography and his business. We are no longer working together, but he is still using my images in spite of the fact that I have requested several times for him to remove them from his website. He refuses to reply to my emails, or take my phone calls. Please advise.
I have a second issue with a videographer who I just found out has been showing my wedding website to his potential clients at wedding shows. I received a call from a bride asking me if I was affiliated with this videographer, as she had concerns about him and she could not find any reviews on him, or any website under his name. What can I do to stop this man from using my website to falsely promote his business?
Thank you,
John Galluzzi
Aug 27, 2015 13:54:03 #
ziziricci wrote:
An event coordinator I worked with one time about ... (show quote)
Get one lawyer to write two letters.
Aug 27, 2015 13:59:31 #
krl48 wrote:
Get one lawyer to write two letters.
Best free advice that I have seen in a long time!
Aug 27, 2015 14:51:01 #
ziziricci wrote:
An event coordinator I worked with one time about ... (show quote)
The videographer is a problem I just don't see a solution for, short of taking your own website down.
The first issue though, is fairly easy. Send a DCMI "Takedown Notice" to the hosting service he uses.
http://nppa.org/page/5617
http://help.github.com/articles/dmca-takedown-policy/
Aug 27, 2015 15:37:09 #
LEGALDR wrote:
Best free advice that I have seen in a long time!
:thumbup: :thumbup: :thumbup: :thumbup:
My first thought after reading the second sentence of the OP was: "You really need a lawyer!" Pay the money and get the pics taken down and the vidographer to desist using or linking to your site. That's what they teach them to do in Law School. Their fee is small payment for us to ba able to avoid sitting through 3 years of Law School.
Aug 28, 2015 05:08:22 #
Aug 28, 2015 06:10:42 #
ziziricci wrote:
An event coordinator I worked with one time about ... (show quote)
The first issue depends on the way you licensed the images to the event co ordinator, you gave him permission to use your images on his web site, was there a termination clause?
If he is using those images as you agreed, it may be difficult to go back on the deal. If a third party had given him the images without your permission then it would be relatively straightforward to get them taken down.
You probably made a mistake in posting this, as he could use this as evidence that you gave him permission, there are penalties under the DMCA for making a false take down notice.
The second case may be simpler if you have your own website you can add a statement on your site that you have no connection with this videographer and in no way support their work. You can't really stop him from saying what he says but it would be damaging to his business if he is making false claims. Maybe there is a case for his damaging your business.
In either case you need to talk to a lawyer to see what your options are not a bunch of random strangers most of which are not lawyers.
in the first case maybe you can pay him to remove them, after all he invested time and energy into creating the page, and you want him to spend more time and energy to remove or redesign the page. It could be cheaper than the lawyer.
Aug 28, 2015 08:59:56 #
Check With The PP Of A. If You Are A Member They Did At One Time Offer Free Legal Advise As to Copyright And Other Issues.I Believe You Could Have Up To One Hour Free Time With There Attorney.
Aug 28, 2015 10:48:06 #
amfoto1
Loc: San Jose, Calif. USA
In the first case, you "gave permission" and a lot will depend upon the exact permission you gave and how you gave it. Also, you say you are no longer working with that event coordinator, but have to ask yourself if you might sometime find yourself once again working with them in the future. That might decide just how thoroughly you burn that bridge.
You should have a written licensing agreement for usage of your images on that person's website. That should have an end date, as well as conditions limiting usage which would void the agreement if the coordinator violated them (such as re-licensing your images to another party) or "triggers" that would end the agreement (such as no longer collaborating on events).
If you simply allowed the usage over a handshake... Well, they say a verbal contract is only as good as the paper it's written upon. This actually might be to your advantage in this case, since the coordinator won't have written permission to use the images (it usually works against you to not have a written license agreement).
Having sent a cease and desist letter (presumably an actual letter with proof of delivery)... Your next steps would be to send a bill for continued usage of your images, in a reasonable amount and with reasonable deadline for payment.
If that goes unpaid in a timely manner, you can then seek damages in court (probably small claims, but talk to an Intellectual Property attorney first, in case you have additional punitive damage potential) and/or report the continued misuse of your images to the DMCA, who may shut down the offending website.
These proposed steps should have been outlined in your cease and desist letter. You also will need proof that the images are yours.
And, whether or not you can sue for punitive damages will depend upon whether or not you registered your copyright ownership of the images in a timely manner. If you did, you can sue in Federal Court for standard fees, to recover your legal costs and for various punitive enhancements. If you didn't register your copyright, then you can only sue in small claims court, and only for "standard fees"... not to recover legal expenses or for any punitive enhancements.
In the second case where the videographer is referring customers to your website for some reason, you could put a banner on each page of your website stating that you have no affiliation with that videographer. You also should have sent a cease and desist letter.
But, this might be sort of a backhanded compliment and even promotion of your services. I would want to know more than just that "the videographer is showing your website to prospective clients at wedding shows". I would attend a show where he's exhibiting and try to get evidence of this. If he knows you, you might have to get a friend to do it for you. Shoot a video of him displaying your website. Pick up copies of any sales brochures or other promotional documents he's giving away. You should get more info from the bride who brought this to your attention, too, preferably in writing. And, if you can, get similar testimony from any other clients he has similarly pitched. In other words, you need to build a case with solid proof of what the videographer is doing.
It is possible that the infringer in this case is stating honestly that he's "new to the business, but here are some examples of the style or our shooting, as done by other photographers" (which is a pretty lousy sales pitch!) It would be very different if he's mis-representing the work on your website as his own. But, again, you need solid proof of this. And, once again, what you can do about it will depend upon whether or not you registered your copyright in a timely manner.
I ain't no attorney, just a photographer who has had to deal with some similar issues. So you should consult an attorney. Jim mentioned PPA offering 1 hour consult free to members... Also I believe there is an Intellectual Property attorney's organization that offers similar, without having to be a member of anything (in fact, the PPA might just have a working arrangement with them... so it may actually be the same thing in the end).
You should have a written licensing agreement for usage of your images on that person's website. That should have an end date, as well as conditions limiting usage which would void the agreement if the coordinator violated them (such as re-licensing your images to another party) or "triggers" that would end the agreement (such as no longer collaborating on events).
If you simply allowed the usage over a handshake... Well, they say a verbal contract is only as good as the paper it's written upon. This actually might be to your advantage in this case, since the coordinator won't have written permission to use the images (it usually works against you to not have a written license agreement).
Having sent a cease and desist letter (presumably an actual letter with proof of delivery)... Your next steps would be to send a bill for continued usage of your images, in a reasonable amount and with reasonable deadline for payment.
If that goes unpaid in a timely manner, you can then seek damages in court (probably small claims, but talk to an Intellectual Property attorney first, in case you have additional punitive damage potential) and/or report the continued misuse of your images to the DMCA, who may shut down the offending website.
These proposed steps should have been outlined in your cease and desist letter. You also will need proof that the images are yours.
And, whether or not you can sue for punitive damages will depend upon whether or not you registered your copyright ownership of the images in a timely manner. If you did, you can sue in Federal Court for standard fees, to recover your legal costs and for various punitive enhancements. If you didn't register your copyright, then you can only sue in small claims court, and only for "standard fees"... not to recover legal expenses or for any punitive enhancements.
In the second case where the videographer is referring customers to your website for some reason, you could put a banner on each page of your website stating that you have no affiliation with that videographer. You also should have sent a cease and desist letter.
But, this might be sort of a backhanded compliment and even promotion of your services. I would want to know more than just that "the videographer is showing your website to prospective clients at wedding shows". I would attend a show where he's exhibiting and try to get evidence of this. If he knows you, you might have to get a friend to do it for you. Shoot a video of him displaying your website. Pick up copies of any sales brochures or other promotional documents he's giving away. You should get more info from the bride who brought this to your attention, too, preferably in writing. And, if you can, get similar testimony from any other clients he has similarly pitched. In other words, you need to build a case with solid proof of what the videographer is doing.
It is possible that the infringer in this case is stating honestly that he's "new to the business, but here are some examples of the style or our shooting, as done by other photographers" (which is a pretty lousy sales pitch!) It would be very different if he's mis-representing the work on your website as his own. But, again, you need solid proof of this. And, once again, what you can do about it will depend upon whether or not you registered your copyright in a timely manner.
I ain't no attorney, just a photographer who has had to deal with some similar issues. So you should consult an attorney. Jim mentioned PPA offering 1 hour consult free to members... Also I believe there is an Intellectual Property attorney's organization that offers similar, without having to be a member of anything (in fact, the PPA might just have a working arrangement with them... so it may actually be the same thing in the end).
Aug 28, 2015 11:35:28 #
ziziricci wrote:
An event coordinator I worked with one time about ... (show quote)
John,
You need to get your advice from an attorney. The initial consultation might be at no cost but you're obviously going to need to take action against one or both of these people and that will cost you. The attorney will advise you on the procedure but will also let you know possible scenarios those individuals might retaliate with. Ya gotta get an attorney, plain and simple!
Aug 28, 2015 11:54:39 #
My feeling on the Issue, if your going to be in business, you should have retained a Lawyer at it's start up or shortly there after. You will find a Law Firm will to provide a lower price before you get in trouble or issues arise.
Generally you can get a lower hourly rate, so many hours of consultation and so froth.
Generally you can get a lower hourly rate, so many hours of consultation and so froth.
Aug 28, 2015 13:04:39 #
On your web put "you can also see examples of my work on-----". You have someone showing your work and you want them to stop?? Do remember to tag your work when you "loan" it--if you would like to have some of my pix for your site I would be happy to send you some
Stan
Stan
Stan
Stan
Aug 28, 2015 16:10:54 #
Aug 28, 2015 16:53:54 #
ziziricci wrote:
An event coordinator I worked with one time about ... (show quote)
With all the photographers on the UHH site the law of averages dictates that there will be some attorneys amongst the membership. Since your question is not directly related to a technical photography issue it may be in your interest to make an appeal on the general tab of the forum. It may be that an attorney with a pro bono attitude will take pity on you and help out. If not, you still need an attorney.
Aug 28, 2015 17:05:41 #
g8rfan1942 wrote:
With all the photographers on the UHH site the law of averages dictates that there will be some attorneys amongst the membership. Since your question is not directly related to a technical photography issue it may be in your interest to make an appeal on the general tab of the forum. It may be that an attorney with a pro bono attitude will take pity on you and help out. If not, you still need an attorney.
THIS IS NOT BRAIN SURGERY! (excuse the caps). The matter is easily resolved with a couple of letters and a lawsuit. Wedding photographers should not practice law.
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