 Julie A. Sword |
photo images on tv Hi everyone. I need help to find out how to go about this. Some photos I took appeared on a sport show who pulled them off of a different site. They did not ask my permission to use them and did not pay for use. I did give them to one site. But another site pulled them off and televised them. Any information would be greatful. Thank you.
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Liza M. Franco |
Wow Julie, it stinks that they didn't ask you permission, but its also a great compliment that they liked them enough to swipe them. I don't have any legal advice, I think I would find out who took them from the website go to a manager or whomever is in charge and explain that you permission was not obtained for use. I would also then offer that you would be happy to shoot for them and get paid for the use of your photos. Who knows, maybe it could land you some freelance work.
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John G. Clifford Jr |
Do you have a videotape of your shots being used on that sports show? You need to have evidence, not just word-of-mouth. Did you have a copyright notice on the shots? This is not essential but it helps your case. When you say you "gave" the shots to another website, what do you mean? Did you give them an unlimited license to display and distribute these shots? If so, you really have nothing to complain about. If I were you, and I had videotape proof, and I didn't give an unlimited license away, I'd have a polite, nonthreatening, but firm talk with the station who televised/produced the show. I would mention my dismay at seeing my copyrighted material used without permission or compensation, and ask them what they plan to do about compensating you for your images. You have grounds for a copyright infringement lawsuit, and the station will recognize that and should offer to compensate you. Once you get to this point (offer to compensate) then you can decide whether to take the money (I would) or try and negotiate for future assignments. I'd take the money.
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Julie A. Sword |
Hi John, Thank you for the great infomation. The situation is as follows: I was a spectator at a drag race. Durning one of the races one of the drivers had a blow-over. I and another photographer got the shots. Mine were side shots, his was rear shots. Anyway,I sold my shots to a couple of magazines and websites. One of the websites (IHRA)do not pay for photos but said they would still post them and I said yes. They are (were,this is back in July)on the site with an article and the other photographers photos as well. In late August, an airing of a NHRA race on ESPN, were the racer was raceing this race, they talk about his blow-over and showed the still photos of his blow-over from the IHRA site. I have contact IHRA, NHRA, ESPN with no response back from any one. When I sent my photos out for the web and mags, I received photo credit and some pay but not IHRA (photo credit only). As far as using the photos any way they chose was never discussed. It was suppose to be for that acticle only was my understanding. I even had one of the magazines personal ask me about it. They seen the show as will and ask me about the photo credit and/or pay. On there web site it states that all photos are copyrighted and can not be used with out permission.Thank you for your time I hope this answers your posted question. Thank you again.
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Melissa L. Zavadil |
Send them an invoice for the usage and see if they respond. It will be a better way than trying the courts. :o) If they don't respond you can seek other routes if you so desire.
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Lili E. Miller |
I agree with Julie - simply send them an invoice. This way you're not being confrontational or seeking to blame anyone, and you're not being a troublemaker. It's merely just another business transaction. Creating a good reputation for yourself is important if you want to do further business with them. This could be a good thing after all! Let us know what happens.
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