I'm Published !!!! (But I didn't know about it !!!)

Seems my photos are in a few brochures of a Caribbean travel agency. I ran into a friend yesterday who swore he recognized my photo on the cover of their new brochure.
Several years ago, the owner of the company saw one of my web photos and asked for a full rez copy. His terms were, cash up front for 1 image; or a trade deal to use multiple images as long as my name was on the photo, they asked permission first, and that all images used would go for a "trade" on my next trip. I sent a few more "teasers" to see if I could get my foot a little more firmly in their door and was thrilled when they "asked" to use them as a featured slide show for one of their resorts website's (w/accreditation) and one of my photo's was in the resorts printed brochure (again w/accreditation). Now, however, I've found out that they are using my images without accreditation or without prior notification to me. My friend is bringing by the printed brochure tomorrow, I already found one of my images on their new website w/o accreditation, thanks to his heads up.
My dilema, how hardlined should I get ? They are using images w/o my "notification" that they were going to use them. How many more have they printed up to take to trade shows ? The current photo on the web site has no accreditation while several of the other photo's have the other photogs' credits. After I see the brochure tomorrow, I'm going to see if my name is listed anywhere for the credits. If not, I think I need to get a little more hardlined when push comes to shove.
Working pro's what are my options ?

Not a Pro but......
Where's the contract you signed?
What country is the company located in that is using the photo's?
How deep are your pockets?

I think it would be at least worth pulling their chain a little. They should have done things right and didn't. In the end you may not get anywhere with them but maybe if you give them a hard time they will think twice about doing this again. Best case is you get something for your work. Good luck.

push push push

Send email after email and use the phone. Bug the hell out of them until they agree to set things right. Credit and payment

Hola Mike, just my 2-cents worth. I am training here in Vallarta with Dennis Champ to video and photograph all the bay here has to offer and I have taken huge pride in what we have captured on film so far. The effort to get your images is certainly worth compensation even if only in the form of being acknowleged as the photographer. This happens alot and I know of a couple fishing charters here doing the same thing, but being in mexico, I don't think much could be done here or even where they are using your image. Hey, good luck and I hope to get to meet you some day and discuss the manta project that we want to spearhead here in puerto vallarta. I think Dennis is planning a trip to Yap soon.

You may want to check out the World Intellectual Property website. It has quite a bit of good info on the subject. They are the administrators for the Berne Convention, an international treaty protecting literary and artistic works. 150 or so countries are members of this treaty, so chances are the company using your images without your permission resides in one of them.

You may even be able to shoot them an e-mail asking what your best course of action is.

http://www.wipo.int

http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html

When you sent the photos did you include language that it made it very clear that you were only sending samples for "evaluation purposes" and that any commercial use of these photos was prohibited until a financial agreement was made? If you're distributing photos to strangers(aka. potential clients), it's your responsibility to define the terms of use. If you did this I think I'd start by sending the party an invoice along with a copy of these initial terms you established and go from there.

If you never made the terms clear when you sent photographs to these people, I might still try to talk to them and explain in friendly terms that it was not your understanding that it was ok for them to use them with out compensation. Perhaps they'll be willing to help settle the situation but I'd be more inclined to file it under "lesson learned" and consider it a complement that someone wanted to jack your images in the first place.

In general, I think that if you want someone to treat you as a professional photographer then there are some things you need to do to act like a professional. By this I mean use very specific language when discussing terms. Have an established set of rates that you can supply to potential clients at a moments notice. Include watermarks on high res images that have not been paid for. Avoid goofy trades. etc.

All just one guy's opinion of course. I'm sorry that you got taken advantage of.

I am a pro and have delt with this before... few years ago was in Antugua shooting for a client and flipped on the TV after a long day and my footage is being used by a national prime time TV show... thought i was hallucinating! this is the first i knew about it... called my agent, knows nothing, short version footage was supplied by a 3rd party and it was a semi honest mistake (by the producers of the show) and they took care of me. I even had an agency use my location scout stills in a brochure... didn't know till the art director called looking for the hiRez versions... so yeah it happens to the best of us... and perhaps the piece was done by an AD agency and they were given the pict(s) to use by the client... client thinking that you gave it to them and they owned the images after the first "trade". But in the nutshell they have no right to use your "work" without your permission. If you signed a work for hire type contract that's a different story and even then you have rights after a couple years. So if you didn't sign anything you have a case... how big or how deep are their pockets? and are you willing to pay for legal services to sue them? It can get expensive. I might just call them and lay it out to them... but know what you want when you contact them. Do you want a trip? Cash? Photo Credit? Let them offer you something if you're not happy counter offer. Maybe play coy and call the client (owner of the biz) & say that you saw your work used in a brochure and did they know their agency used it without contacting you for payment? Who is the travel agent? If they are big and operate in the US they probably have an Ad Agency and budget... ask for a nominal photo fee... if they don't then go for a trip, air & transportation included!! drop me a pm if you like. Good luck!

onbelaydave:

Seems my photos are in a few brochures of a Caribbean travel agency. I ran into a friend yesterday who swore he recognized my photo on the cover of their new brochure.
Several years ago, the owner of the company saw one of my web photos and asked for a full rez copy. His terms were, cash up front for 1 image; or a trade deal to use multiple images as long as my name was on the photo, they asked permission first, and that all images used would go for a "trade" on my next trip. I sent a few more "teasers" to see if I could get my foot a little more firmly in their door and was thrilled when they "asked" to use them as a featured slide show for one of their resorts website's (w/accreditation) and one of my photo's was in the resorts printed brochure (again w/accreditation). Now, however, I've found out that they are using my images without accreditation or without prior notification to me. My friend is bringing by the printed brochure tomorrow, I already found one of my images on their new website w/o accreditation, thanks to his heads up.
My dilema, how hardlined should I get ? They are using images w/o my "notification" that they were going to use them. How many more have they printed up to take to trade shows ? The current photo on the web site has no accreditation while several of the other photo's have the other photogs' credits. After I see the brochure tomorrow, I'm going to see if my name is listed anywhere for the credits. If not, I think I need to get a little more hardlined when push comes to shove.
Working pro's what are my options ?

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Dave, your contract was verbal, which is just as binding if you can prove it. Since you've had them use you photos under the stated terms, there is a provable track record of sorts.

My prior experience with piracy was from my time at the newspaper, and the newspaper had a lawyer on retainer. So their approach was to just sue them. They went straight for the throat.

ASMP average rates (usually quoted in monetary settlements) are I believe $450 per image, so you'd have to balance any legal action against possible gains.

If I were in your shoes, I'd call first, in a kind of non-confrontational way. Who knows, they might have someone new in the office that didn't know about the terms of your photo use.

If I didn't have any joy with that, and they have a presence in the US, I'd take them to small claims court. If outside the US, I think I'd use the Mike Veitch technique.

Good luck! Consolations on the theft.

All the best, James