You could put it down to an honest mistake IF they hadn't cropped the copyright from the photo.
hving done that they are showing they know the aeinfriging it by "stealing" it and not acknowledging and, in this case, paying.
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You could put it down to an honest mistake IF they hadn't cropped the copyright from the photo.
hving done that they are showing they know the aeinfriging it by "stealing" it and not acknowledging and, in this case, paying.
Vlad, there is not such thing as a honest mistake, if he is not the author of theimage or do not have written permission, it is stealing!Quote:
Originally Posted by VladTepes
All the work under Australian Law have copyright regardless if it have the symbol or not.
Go get'em tiger! :bat:
Yeah your absolutely right, if you took the photo it's your copyright, symbol or no symbol. I would send them a large bill for commercial work and back date it to whenever they started using the image.
There seems to be a growing trend with people assuming that if it's on the web then it's fair game. Usually they blame it on the web design company who told them that it's ok and they have done it before... Ask them how they would like it if you started selling prints of the photos they take when they are presenting realestate on the web.
A few years ago I found a bloke was using my photos from my website to illustrate his adverts for stuff he was selling.
When I complained to him, he couldn't care less - yet he was a commercial photographer with copyright on all his web site images.
So does he believe that any real estate without a fence is public property as well?Quote:
Originally Posted by Chucaro
I fear that the legal route would be costly, even if compensation was paid. I recon I would have a stern talking to them, then say that they can use the photos (with Copyright symbol and name) for a fee. You never know, you may get more money this way if you can sell to different RE's that will promote you as a photographer ;)
Of course, if they arent willing to negotiate and still want to use the photos then I would continue seeking legal advice.
Today 11am I visited their office and ask one of the senior sales people to ask the manager to contact me on the mobile.
By 5.30 pm nothing happens even if I have asked them to remove the image from the web.
I will give them till tomorrow 11 am and if I do not have any reponce then I will take it further by sending an invoice or see a lawyer to write a letter for me.
My Spanglish it is not the best for that :(
Arthur, contact the Arts Law Centre of Australia. Membership is reasonable and they are set up to advise and resolve just this kind of problem.
Arts Law Centre of Australia Online
In my early days of photography and way before digital and internet, I often send my prints out to mags or papers hoping to get published as my retainer from the News and Australian Sail in those days was not enough.
I sometimes found my images published and I got nothing.
By the time I wrote letters and made phone calls or send pager messages weeks went by.
I went to see a lawyer and he gave me a book.
"Don't sweat the little things in Life"
I still have it and what I am trying to say, give them a chance to make it up to you.
I am pretty sure that you don't need the aggression and in fact he is paid you the biggest compliment already. He used your image.
In legal battles only the lawyers win.
Trust me on that one.