Ripped Off!

[FatNakedGuy]

The following two photos from my smugmug archive appear to have been ripped off.


I told their manager in the beginning that they could post the pictures on their website for their fans to view as long as the watermark remained on the photo and there was a link back to my website (it appears they have cropped the watermark out of the images and there is no link back).

Although the band wanted to use these images on posters and merchandise, we couldn't come to an agreement on price (they wanted it for free) and as such, permission was NEVER granted for anything more than watermarked images on their website.

The entire correspondence between their manager and I is archived in my email account.

Not sure how to proceed with this. Do I send an invoice for usage (if so, how to calculate?), Do I contact their management and ask them to stop using the images immediatedly? Do I blow it off... The shots are not the greatest but they went ahead and used them anyway after we couldn't come to an agreement. I'm very pissed at the moment.

Thanks

[Sam]

Oh boy! Can you have fun with this one!

First, get all of the ranting, and indignation out of your system. Ok? Now the fun begins.

Disclaimer: The following is my opinion only. Feel free to chuck it in the waste bin.

Immediately register all the images taken of this band. Print out all the correspondence, you don’t want a computer glitch to loose it all.

From now on ALL correspondence needs to be in writing.

Send the manager, and separately the band a certified letter outlining your position. Remember NO RANTING!

I would clearly state that negotiations for the use of these images failed, and you never authorized him, or the band to use the images in any other way than specified. (On the web site with watermarks etc.)

State that you are willing to in good faith, offer them the opportunity to settle this matter. I would ask for no less that the original fee they found unacceptable, (not the last offer in the original bargaining process. That offer was rejected, and is no longer on the table.), and a penalty. I would have the penalty at least match the use fee.

Advise them that if you haven’t received a response within 10 days the issue will be turned over to your intellectual property rights attorney. Make sure you mean this! If you aren’t willing to carry this out don’t say it!

I would not at this point accept them simply removing the images. I would proceed regardless.

Again, what every you do keep the emotions in check! From this moment on everything you do will be up for scrutiny, and can be evaluated by any judge or arbitrator.

Sam

[FatNakedGuy]

Thanks Sam. Does this document appear to have accurate information?

http://www.pacaoffice.org/copyrightInfo/PacaCopyrightProtection.doc

[Sam]

Thanks Sam. Does this document appear to have accurate information?

http://www.pacaoffice.org/copyrightInfo/PacaCopyrightProtection.doc

By my quick glance it looks accurate. In addition to this

you can also check this site out for the actual law.

U.S. Copyright Office (http://www.copyright.gov/)

Sam

[Cindy]

Get screen shots of their website as well. :thumb