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|| SportsShooter.com: Member Message Board
Where do I stand?
David Scriven, Photographer
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Rochford | Essex | United Kingdom | Posted: 11:55 AM on 09.05.09 |
->> Hey, hopefully someone can offer me some advice.
It has come to my attention that a website selling t-shirts of Football (Soccer for our US friends) Legends has been using images on them that have originate from some of my photos.
Now the high res versions of these pictures have never been given out, so I suspect they are getting them from some low res versions that have been on a Football Club's website that I have supplied images to.
The website is http://www.cultzeros.co.uk/ and you will see the style of images on these t-shirts. Now some of these likenesses have definitely come from my original images. But where do I stand on this? Do I have a case to be compensated, or not?
Any help greatly appreciated. |
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David Seelig, Photographer
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Hailey | ID | USA | Posted: 12:17 PM on 09.05.09 |
| ->> Contact the website demand a percentage of all sales when that fails. Time to call a lawyer. |
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David Scriven, Photographer
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Rochford | Essex | United Kingdom | Posted: 12:29 PM on 09.05.09 |
->> I guess what I am asking is that their images have quite clearly been redrawn to get the required quality, but basing them on my pictures.
Now do I have a leg to stand on that being the case? |
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Manuello Paganelli, Photographer
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Los Angeles | CA | USA | Posted: 12:32 PM on 09.05.09 |
->> David © them right away if you havent. When you call this company demand from them how they got copies of your images. Go straight to the root. Dont assumed that it started from them. Maybe they went to a royalty free site and bought a disk and your images were part of that collection without your knowledge.
So move on this right away. If it came from that company ask to speak with the CEO and in a calm yet strong wording reiterate how your © has been violated and that it MUST STOP NOW!
I dont have time to check out this site, but are the FUtball images of pro players, college kids or friends? Regardless, NONE of that can be touch for commercial licensing without a written contract and model releases. ALso it violates any pro or college ruling. YOU need to get on top of this fast for if the pro or college folks find out they will think that is coming from you.
IF this company doesnt listen to you then contact the pro league and tell them what is happening. Let their attorneys scare the hell out of them.
The bottom line is that even if they are making $$ from your work and what I stated above is true then NOT EVEN YOU, can capitalized on any of that without written pro/college league approval something they may not give you.
Good luck
More 2 Come
Pag
www.ManuelloPaganelli.com |
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David Scriven, Photographer
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Rochford | Essex | United Kingdom | Posted: 12:38 PM on 09.05.09 |
->> The pictures being used are of pro players, but are from studio shots, not action so the League's rules don't apply for commercial revenues in this case.
I guess the question I need answering is if you take a picture, and some draws it, then technically it is not my photo but an artists impression of a picture.
That being the case do I have a leg to stand on? |
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Manuello Paganelli, Photographer
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Los Angeles | CA | USA | Posted: 12:57 PM on 09.05.09 |
->> Yes you do specially if is the exact drawing of your image.
They are making $$ based on your work. A few yrs ago a sculptor/painter?? made some work based on a photographed It went to court and the artist was liable for that. I cant remember all the details or the time to find it for you but you can contact ASMP.org for more info.
That said, Still you do need model releases of these pro players. Also if they are wearing the uniform then the league rules do apply. BE CAREFUL AND CHECK WITH A GOOD IP OR SPORTS ATTORNEY! Or even a pro agent. But really, do you think they will OK for you to make money out of their likeness when their world revolves on "SHOW ME THE MONEY."
NOw it moves into a commercial venue instead of editorial and pro players protect their images and their branding means money.
David, SOrry but I dont have more time for this...Gotta pack to fly away.
Pag |
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Eric Canha, Photographer
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Brockton | MA | United States | Posted: 1:05 PM on 09.05.09 |
->> David I'll venture that most of us here don't know UK law and or EU law. What I would not do is send an invoice, or discuss monies until I had spoken to a lawyer. You don't want to place a value on the works prematurely.
Is there a UK version of the PPA? If so you may want to check with them or a firm that they may be able to lead you to to get a preliminary "finger in the wind" so to speek and see which the way the wind may blow in for you.
Again it's just my opinion, but I wouldn't contact them directly without having at least a basic blueprint from a firm that practices in your country. |
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Clark Brooks, Photo Editor, Photographer
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Urbana | IL | USA | Posted: 6:59 PM on 09.05.09 |
->> David,
I second Mr. Canha's post. Educate yourself on UK and EU copyright law by reading everything you can get your hands on or better yet speaking with a barrister on the best way to proceed. If there is a registration process, do it and do it right while you are doing your research. If the shirts are being sold in stores or by vendors you should photograph them so you will have some evidence to present in court. The more examples you have, I can't help but think that will help increase the level of compensation you might receive. |
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