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Forums » General Discussion » Getting paid by image thieves (I mean copyright violators!)
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| Author | Topic: Getting paid by image thieves (I mean copyright violators!) | 1417 Views |
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Getting paid by image thieves (I mean copyright violators!)

20 April 2010 at 12:44pm
I came across a magazine ad that uses an image of mine. The ad doesn't have any other images. The pic also shows up on their web site. The image was originally shot editorial for another mag. I have no idea how the copyright violator came to have a copy of the image. The image file on their web site retains our original name which indicates they have an original file from the commissioning magazine.
It's been a few years since I've had to deal with one of these, I'm curious to know what other people are getting best results from
Should I;
1. Send them a bill
2. Phone them
3. Email them -
Re: Getting paid by image thieves (I mean copyright violators!)

20 April 2010 at 9:48pm
I've had this issue a number of times as I'm sure we all have. I normally email the magazine editor explaining the copyright infringement and asking enquiring how they (or the advertiser came) to have your image. In the email I state that i ma sending them an account and that if the account is not paid in full there will be a penalty for the copyright infringement and that I will have no hesitation in issuing legal proceedings. In the meantime I call my stock agency (or go online and get a standard industry price for the us-age, from any of the stock agencies). With this information I follow up with a phone call then an account to whoever is the infringer listing the fee + the amount you will be charging as a penalty for the infringement if the account is not paid in full.
This has worked most times for me - a word of warning, it can be rather a tedious process - you'd be surprised how busy these people are when you want to talk to them - which is why I send the email first - that way it is on the record. Good luck -
Re: Getting paid by image thieves (I mean copyright violators!)

12 November 2010 at 1:10am
I generally have a commercial images leasing form for leasing commercial images to businesses or coprorations, model releases for individual photo sessions and each model release it's got the copyright belongs to me and the conditions they must abide. Also what you can do is use adobe photoshop and put the text 60-70% transparent in the image. eg, "Copyright 2010 by Jack Smith". That way if they do copy your images you can sue them because you got the original image on cd/memory card and you can prove it's your images. In the past years there was a incident when Qantas used a photographer's image without written or expressed permission from the photographer. So the photographer sued Qantas for using the photograohers images for $200,000+ in damages. Also if do have a website make sure you have someone to design security for people attempting to steal your images.
John Zhao
John Zhao Photography Pty. Ltd.
www.johnzhao.com.au
www.sydneyportrait.com
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