kalla
Posts: 5
Joined: Fri Jan 09, 2009 9:59 am

PhotoCopyright Infringement

Tue May 22, 2012 7:11 pm

Dear Sir,

Some assistance please.
I walked into my favourite magazine store today and paged through a local Aviation publication and to my horror found that they have used one of my Airliners photos in an article on the Buccaneer. I have not been approached for permission by the magazine.

The photo is not creditet at all...no mention of either the photographer or Airliners.
To add insult to injury, the watermark had been remover/photoshopped out very crudely.

I feel aggrieved about this and would appreciate your advice in dealing with this matter.

Do I confront the Magazine Editor?
Do I send them the Airliners terms of use?
Do I demand an apology?
Do I demand compensation?
Do I send a legal letter?
Or do I just grin and bear it?

Kind Regards

Kalla
South Africa
 
soon7x7
Posts: 2267
Joined: Thu May 04, 2006 10:51 am

RE: PhotoCopyright Infringement

Tue May 22, 2012 11:06 pm

If they lifted the image from A/net, your image is branded with a copyright title bar. They are in violation of stealing your "Intellectual property". Now what can you do about it?...first have undeniable proof you are the author/owner of the image. Have several copies of the issue if you can. Contact them and request the name of their photo editor. Indicate to them that the image use is only available through a purchase agreement and that the current use of it was unauthorized. (Magazines know better). You should have a $$ figure already determined before you contact them. Only you can determine that by the way it was used, (cover, full page, etc.) Cover shots about $400.00-$2,000.00 depending on caliber of the publication. Feature story image use about $150-$400...respectively. Get the persons direct business phone number, extension and email address. They probably won't give you a mobile # but can try. Gently push them...(they are in the wrong). Be firm about letting them know an invoice is on the way. They will offer printing an apology or a correction in their next issue. Don't bother. Just go for compensation. You already lost the only thing to lose, the opportunity to make money from your work. Don't be angry but be firm. I just went through this with a broker that is using two ship sets of images I recorded for another customer. The images have gone to press. This individual was emboldened till I sent him some proofs that I was who I said I was. He has since invited me to send him an invoice. I have recovered three such thefts this past year already. This is the other edge of the double edge sword of digital imaging on the internet...it's "Crab Season!"...good luck...g         
 
kalla
Posts: 5
Joined: Fri Jan 09, 2009 9:59 am

RE: PhotoCopyright Infringement

Wed May 23, 2012 7:24 pm

Many, many thanks for your most detailed and informative reply soon7x7.

I will follow your advice and see what happens....will report on the outcome here.

Kind Regards
Kalla
 
soon7x7
Posts: 2267
Joined: Thu May 04, 2006 10:51 am

RE: PhotoCopyright Infringement

Thu May 24, 2012 1:34 am

Hey, good luck...Its not easy but if it upset you then you feel your work has value!...that's great...Then you deserve compensation...g
 
johnmiller
Posts: 32
Joined: Fri Mar 31, 2006 11:35 pm

RE: PhotoCopyright Infringement

Fri May 25, 2012 8:45 pm

Not sure if I should sue but UK voucher company, Treatme.net, has brazenly stolen a photo from airliners.net. They don't respond to emails but I see they have removed my picture from their website. I have also come across a French voucher company using the same picture. They both removed the copyright notice. It looks like they have lifted other pictures but not sure.

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