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|| SportsShooter.com: Member Message Board
Photo used without permission what next?
Matt Gade, Photographer
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Fremont | NE | USA | Posted: 9:15 PM on 07.02.09 |
| ->> I recently shot an amateur MMA fight venue about 400 miles away for a pair of local fighters competing at it. I contacted the president of the organization and told him who I was and asked for permission to shoot the two fighters who were in his event and said it would be for our website. Nothing was said about me giving him photos in exchange actually I still had to buy a ticket for the event and he had his own photographers for the event. I gave permission for a local website to use some of the photos to help promote their guys, but not the promoter of the event who ended up posting a photo of mine on their site. I asked the local website guy and he said he didn't give it to him. So we called the guy and talked to him and said if he just gives a photo credit and links to our site we didn't care if used the photo, but it's been nearly a week and he hasn't done any of that. We're thinking of just sending a bill for $500. Anybody have any suggestions on what we should do? |
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Jeff Mills, Photographer, Photo Editor
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Columbus | OH | USA | Posted: 9:31 PM on 07.02.09 |
->> So you gave permission to a local website, and thusly I assume gave files, to a local website, for the purpose of promotion of their fighters ?
Did that website then give the files to the fight promoter or did they just take them off the site ?
Sounds to me like the local website probably gave the files to the promoter because that in itself is going to be an act of promotion isn't it ?
How do you promote your fighter if your not allowed to distribute images of that fighter to other websites and get their name out there ?
You could certainly send them a bill but I'd more importantly try to get to the bottom of who's getting what from whom and what is and isn't allowed in terms of your licensing rights.
When I've been hired to shoot fighters before and I always allowed them to use those images as they saw fit for promotion, websites, electronic press kits etc. Thats basically the reason they hired me in the first place, to obtain high quality photos to use for promotional purposes.
You could certainly send them a bill, but you might want to consider if thats in your best longterm intrest. Whats a working relationship with this promoter and the access that could get you worth in terms of your deals with other clients ?
Perhaps come up with a solution where in exchange for that promoter helping you and your business, in addition to giving you access, you give them a few photos of the fights you shoot. Then when these other fighters are hiring you to shoot them, your going to be all set in terms of credentials and will be able to get the acess needed to shoot your clients.
If you stick with promoter with a $500 bill and it hurts your chances of shooting at any events they put on again, is that going to cost you more in the long run ? |
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Darren Whitley, Photographer
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Maryville | MO | USA | Posted: 9:46 PM on 07.02.09 |
->> Get your story straight. How did the guy get the photo? Who supplied it? Etc.
Then get an attorney. Get their advice and follow through.
If you're unwilling to do business with a real attorney and real legal advice, then it's pointless. You have no teeth if you don't have an attorney and a valid copyright. |
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Matt Gade, Photographer
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Fremont | NE | USA | Posted: 9:47 PM on 07.02.09 |
->> I gave permision for the local website to promote them (it's just a local martial arts school) and I asked the guy I gave photos to here locally and he said he had nothing to do with it and he's a good friend so I know he's not lying.
Secondly I wasn't hired by the fight promoter rather I was there purely for my two local guys and to shoot them for the website, I paid mileage and tickets to the event and everything to get there.
And since I wasn't shooting for him, there was no licensing agreement so that's why when we called him realistically all we asked for was a credit and link it back to our site, but it's been a week and he hasn't done it. |
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Max Lashin, Photographer, Photo Editor
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Tallahassee | FL | United States | Posted: 10:00 PM on 07.02.09 |
| ->> the guy probably got a look at NYT's promoting of stealing flickr photos and figured it applied to this... |
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Clark Brooks, Photo Editor, Photographer
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Urbana | IL | USA | Posted: 12:33 AM on 07.03.09 |
->> Where did he get the photo?
Duh...no brainer... there is this incredibly complext technique that requires using the right mouse button...........................
Let me understand your plight... You drive 400 miles, pay admission and then, rather than license the images to either party, you allow them to use it at no charge?
A week is a very short period of time, Matt. Likely, the promoter like most people know didley-squat about web code and needs to have someone else ad the link or credit. This is summer and a holiday weekend - you got to take in consideration vacation and holiday scheduling. Call up the promoter and ask how's things are going (in a friendly way) and ask (again in a calm manner) when you can expect to see the link. If doesn't play ball and there is no within the 14 days, contact his ISP and file a complaint per DMCA. The ISP will shutdown the promoter's site or page until he removes it or you two reach a amicable agreement.
Before you pick up the phone and call the promoter, first register your images with the copyright office. If you don't do this first, you'll have very little leverage for compensation and a hard time finding an attorney to take your case unless you have deep pockets (which I'm assuming you do since you did the shoot for free).
If you are serious about the incident, register the images. The rest will fall into place. |
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Clark Brooks, Photo Editor, Photographer
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Urbana | IL | USA | Posted: 12:34 AM on 07.03.09 |
->> " If doesn't play... "
Should have read, "If he doesn't play..." |
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Mark Peters, Photographer
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Highland | IL | USA | Posted: 7:33 AM on 07.03.09 |
->> Damn, they not only lifted your image - they are using it as the banner intro into their site - and all you want is "credit"?????
I'm not an attorney, but I'll humbly suggest that unless you are willing to go all the way and pursue statutory damages, you've screwed yourself from a cost recovery standpoint. If you attempt to collect actual damages from him, he'll simply point at your email as establishing the value at zero.
Everyone focuses on the up to $150,000 figure for statutory damages, but that's if you can prove willful infringement. The base level is no less that $750, and if the defendant can prove that they didn't realize they were infringing, the code allows the court to reduce that to $200.
Remember that the timelines for statutory damages are extremely stringent.
From Title 7 Chapter 4 of the copyright code.
"no award of statutory damages or of attorney’s fees, as provided by sections 504 and 505, shall be made for—
(1) any infringement of copyright in an unpublished work commenced before the effective date of its registration; or (2) any infringement of copyright commenced after first publication of the work and before the effective date of its registration, unless such registration is made within three months after the first publication of the work" |
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