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I know this thread will likely get moved to the Photography section, but I put it here to see the reaction of non-photographers first. I could make the argument that it could be controversial if not political.
I'd like to know what you would do if this happened to you.
1.) Let's say you own the copyright to a photograph you yourself took. In fact, you do own the copyright to any photograph you have taken.
2.) You are surfing Facebook and suddenly see one (or two, in the case of my friend) of your photographs on the site of an antique store. They are selling the photograph without your knowledge or permission.
3.) Note not "for sale" but actually selling. The own of said shop has indicated the photograph has sold, but adds he will get more copies soon.
How would you react?
Last edited by Joe the Photog; 05-03-2019 at 12:02 AM..
Reason: Edited to change "photograph you own" to "photograph you took."
I know this thread will likely get moved to the Photography section, but I put it here to see the reaction of non-photographers first. I could make the argument that it could be controversial if not political.
I'd like to know what you would do if this happened to you.
1.) Let's say you own the copyright to a photograph you yourself own. In fact, you do own the copyright to any photograph you have taken.
2.) You are surfing Facebook and suddenly see one (or two, in the case of my friend) of your photographs on the site of an antique store. They are selling the photograph without your knowledge or permission.
3.) Note not "for sale" but actually selling. The own of said shop has indicated the photograph has sold, but adds he will get more copies soon.
How would you react?
I knew someone who raised and sold a rare breed of animal, and saw one of her photographs being used by a competitor.
She complained to Facebook, and she got an attorney. Wound up making a little money, and her competitor stopped raising that breed altogether.
I'd punch him in the nose and kick him in the n***...and then I'd take his picture and put it all over the Internet with the word "thief."
I am trying to not react in anger. My first reaction was to at the very least introduce him to my 800 Facebook friends. But instead I screen shotted (is that a word?) the pictures he had taken of my photographs in the frames he had put them in as well as the conversations below those shots where he is interacting with customers asking about the photographs. He says he has sold them but will soon be getting more, SMH. The shots are pretty iconic to the area we live in. One is a scene of an old mill that has been torn down. He's selling an 8X10 of it in what looks like a decent frame for $20. He is woefully underselling the photographs.
I appreciate the advice I have gotten so far. Many thanks for it. As a photographer, I have dealt with what I call more traditional copyright infringement where someone will take a shot I have taken and then put it on a web site for their church or business. I typically just sent out PayPal invoices which also does one thing and sometimes does two. They always take the shot down when they get the invoice. But they also sometimes pay the invoice. My hunch is when they pay the invoice, it has gone up the food chain to an owner or a manages who realizes the error someone under them made.
Get an attorney to send a Cease and Desist letter.
For the internet you actually do not need an attorney, you can file a DMCA complaint. If it was posted on Facebook for example you file it with Facebook, if the website is owned by the infringing party you file it with their host. They are obligated to act because if they don't they themselves are liable.
As far as suing you need to prove what financial damages you incurred and for most people even if it's professional photo the damages are going to be far less than the legal costs. The exception to that is you registered the copyright but that cost money and time, typically you would only register something you expect to be substantial money maker. Infringement against registered works allows you to collect more damages.
I'd punch him in the nose and kick him in the n***...and then I'd take his picture and put it all over the Internet with the word "thief."
Damn. I like you. I approve a swift, firm kick to the kiwis.
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