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Thought this was cool...until I realized...

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crowellphotographs
Cujo
Kenneth Armstrong
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Post by mikef Fri Apr 04, 2008 4:18 pm

Anthony, don't feel you owe anything to this company. I can see where you're coming from, but if you wanted to use property of theirs without first asking permission, do you think they'd be as nice to you?

I was going to offer the advice to send in an invoice, but I see you're going to wait on that. I think while you're waiting on the outcome of your friend, you should gather as much evidence as you can about what images are being used, what sizes, and where. Screen captures would be pretty useful.

I don't think litigation would get you anywhere as the legal costs would outweigh the return, but you have to stick up for yourself otherwise it will happen again.

Here's a YouTube video with some "to the point" advice:

https://www.youtube.com/watch?v=mj5IV23g-fE

We've already had a good discussion about how large corporations are hijacking people's intellectual property here:

https://saultphotography.forumotion.com/general-f6/entering-photo-contests-beware-t93.htm

And this story:

http://www.cgstock.com/essays/vilana

can show how long this kind of stuff can go on for.
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Post by Guest Fri Apr 04, 2008 9:53 pm

Oh, I'd be more than happy to send in an invoice. I wish I hadn't worked all day, otherwise I was going to give Pasi a call, but I worked 9-930 so there was barely time for that kind of thing.

I'm thinking waiting until Monday might be better, unless I send an email on the weekend and possibly wait until next week for a response?

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Post by Guest Mon Apr 07, 2008 10:52 am

Okay. Doing nothing has obviously gotten me nowhere, so I'm going to try to contact someone today. Any opinions on how I should start out here? Should I just say 'Hey, you don't have my permission to use that photo. If you wanted to use it so badly why didn't you make sure I was going to let you?' or...

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Post by Nando Mon Apr 07, 2008 12:56 pm

I think that if I was in your shoes, I'd simply send them an invoice as the other photographer did.
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Post by crowellphotographs Mon Apr 07, 2008 1:07 pm

I still think that you should try and speak directly with this guy's manager. I think that this jerk is just going to try hide this. I had posted their contact information earlier in this topic. The guy you are dealing with probably doesn't have the authority to sign cheques either, also, by bringing a manager into this, the boss can't hide behind his employee if in fact management is aware of the situation. It should make the company more accountable as it's not just some lowly employee acting on his own.
I'm on the fence about this, but maybe it would also be worth mentioning that you know the other photographer that they have recently screwed. I'm also thinking that if they realize that they are getting a reputation of screwing their target market, they may stop these practices. Maybe get your friend to talk with his lawyer about this. I would definitely send an invoice and a letter explaining that they never received your permission.
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Post by Nando Mon Apr 07, 2008 1:13 pm

Also, small claims court, which allows recovery of up to $10,000, is an option if all efforts fail. Court fees usually total up to less than $300 but if you can't afford them, you can file a fee waiver request.

Make sure you record absolutely everything that occurs when dealing with this company or anybody else involved in this matter (including your friend) - note the dates and times. And be careful of what you share with us on this forum.
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