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Someone has used my photo in a book without permission

natasha wyson , Apr 18, 2009; 02:39 p.m.

Hi
Can anyone give me any advice on this?
I used to take photos for a band (I wont name them as people from the UK will have heard of them) and a band member had a biography out recently and used my photo on the back cover and in the book. The same photo was used - inside without a copyright or acknowledgment and on the back cover with it copyrighted to some other photographer. I wasn't even asked or told they were gonig to be used.
Somone said I should get an IP lawyer to send a letter to the publisher .
How much would you charge for the use of your photos if it is the same photo used once in side the book and as the only photo on the back cover?
I dont post here often but find these forums v.useful... so I hope I'm posting in the correct one.
I'd appreciate any advice.
Thanks
NW

Responses

Richard VanWart , Apr 18, 2009; 03:12 p.m.

What an outrage! It certainly sounds like you'd have a case, but you mentioned that you had done photo work for these people, so the question arises RE: ownership and rights to use the material you had created for them. What were the details of this contract?

August Tuccillo , Apr 18, 2009; 03:18 p.m.

Natasha,
I'm sure you will get tons of better advise than I can offer but let me start out by asking/stating....
1) Were you hired by the band to take the photos...if so they probably have usage rights.
2) If answer to number one is "No". Copyright/register your image with the proper goverment authority.
3) Contact an IP lawyer sooner than later. In the US registering your image carries more weight
when you are seeking payment.
Best of luck to you.

Mikael Karlsson , Apr 19, 2009; 09:36 a.m.

Natasha:

What does your agreement with the band say? At this stage that detail is the only thing that matters. If the agreement doesn't involve usage rights, you might have a claim. At that stage you will have to ask yourself if you would rather get paid for the usage or continue to photograph the band? Then again, if they're established they shouldn't have any problems understanding that you're just protecting your intellectual property rights the same way they protect their songs and music.

Hope that helps.

natasha wyson , Apr 20, 2009; 09:06 a.m.

Hi guys i took photos and used them on my website, they were allowed to usethem on their website - i have the email that discusses uses but no writtne contract.
Still, the photo shouldnt be credited to some random photographer?
Anyway I have an IP lawyr phoning me back this afternoon

Aimee Pieters , Apr 21, 2009; 02:59 p.m.

Natasha,
Important question. Do YOU have permission to use the image of THEM on YOUR website? You could be opening a can of worms here too....-Aimee

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