They placed themselves in the middle and it's ultimately their client, trying to deal with them first as outlined above is the way to go- they created the misunderstanding, they should get first crack at fixing it.
Paul
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Copyright issue. Did I get screwed? (need advice: cliffs at end)
- Thread starter ShooterMcGavin
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They placed themselves in the middle and it's ultimately their client, trying to deal with them first as outlined above is the way to go- they created the misunderstanding, they should get first crack at fixing it.
Paul
I agree with that. I also think that your business is just as important as theirs. But to you, its more important. If they know you're serious about it, they'll respect you more as a business man. People, whether they realize they are doing it or not will take advantage of others more so than not, especially in business. Its survival of the fittest but its also dog eat dog.
unless you've registered your copyright on these images, a lawyer is going to cost you way more than you would ever receive in damages.......after all, how much are your actual damages? If you registered the copyright, then you could potentially recover statutory damages, which might actually get a lawyer interested.
If your client wont pay you, then write the sponsors. You don't need a lawyer to put together a letter telling them you're the copyright owner and that they must stop using your property without your permission........you could even remind them that they could be looking at statutory damages for using copyrighted material without permission (um, no need to mention you haven't actually registered your copyright
)
You should register copyright with the LOC. You have certain number of days after the infringement took place
Get reponses in writing. Talk is cheap.
Figure out legal options. Usually you don't need a lawyer for something like this.
Get reponses in writing. Talk is cheap.
Figure out legal options. Usually you don't need a lawyer for something like this.
yes, it looks like i have 90 days starting from last wednesday. it seems like it should be enough time for this to resolve itself i hope.
Send a cease and desist letter to the 3rd party company.
If they dont oblige, take them to court.
The issue is between the company who hired you and the 3rd party company. Not between you and the 3rd part company.
Stuff like this happens all the time.
If they dont oblige, take them to court.
The issue is between the company who hired you and the 3rd party company. Not between you and the 3rd part company.
Stuff like this happens all the time.
IMO, a C&D shouldn't be the first step. Worst-case, the first contact should be an invoice. Ultimately, they're the only ones these images now have value to, and you'd much rather they licensed them than stopped using them.
Paul
Things seem to be progressing well, and it looks like theres a real chance of things just resolving themselves amicably. got some legal counsel from a pro and they said i've done everything right so far.
A quetion i have actually very relevant the situation: what is the fair license value for a single photo resolution 600x450 originally intended for editorial use but instead used for commercial promotion on Facebook with no time limit? with a time limit? looked on some wire sites but its not fair for me to say my work is worth that much and even then its confusing. no legal anything. just what an actual fair value of it is.
A quetion i have actually very relevant the situation: what is the fair license value for a single photo resolution 600x450 originally intended for editorial use but instead used for commercial promotion on Facebook with no time limit? with a time limit? looked on some wire sites but its not fair for me to say my work is worth that much and even then its confusing. no legal anything. just what an actual fair value of it is.
Cant say what your pics are worth but set your maximum price. They would have had the option of declining that price if they had asked you to use the pics first.
guess i was just asking for a range top and bottom for that particular kind of usage. they were taken with pro gear, and guess they liked them enough to use them commercially.