Misuse of Image by corporation

[AdTravels]

Hi guys....

I'm looking for some advice from any of you regarding the best procedure for getting what's owed to me.

Yesterday I was searching the web for dive related apparel when I came accross a company using an image of mine... not only on a total of 12 different products but it's also been incorporated into their company logo.

The image they have used I have sold (licensed) to a few other companies (standard price so far is 100USD per product). Do you think it is likley that a polite e-mail pointing out what they have done would maybe sort out the problem or is it going to be a legal thing... which being a financialy stretched Dive Instructor in Honduras isn't realy an option.

I would really appreciate any comments or experiences any of you can give. I have inserted one of their products (a 275 USD value) and my original for comparison. Ok I would if the system would let me upload files, but it seems to be having a bad morning .

Many thanks in advance

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[Warmwater Wank]

Have you copyrighted the images? (And not just by using the copyright symbol but by actually filing the papers.) Before you could really fight this that would be a suggested first step. I doubt a polite email at this point will do much, but what the heck. Although most interpretations of copyright law would probably say it's up to the party who uses the image to prove they have the right to use it, you may not find said party very cheery about proving it at this point. The sticky part may be in how you "sold/licensed" the image previously--especially if any of these companies you sold it to happen to be connected to the alleged offender. Whoops, sounding like a lawyer here and I am not. Nor do I play one underwater. So, which Bay Island are you on?

 

[AdTravels]

WWW... Thanks for the pointers.
Your first question is the key to it all no I didn't file the copy right, it's just stated on the website...as with most amature photographers. Although I do have a model release form.
The previuos magazines and firms that have used the image were sold on a single use licence. For example, McNett Corp. paid 100 usd for the image as a product lable, for one product, they then paid another 100 for the same image to create a stand up display for DEMA this year. Even if the 2 firms are related I have all the correspondance to the licence agreement and it clearly states a one off use.
So I suppose it will be a case of write to them and hope for the best.

Utila is my home and has been for 4 years+

Many thanks

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[Warmwater Wank]

Ad--Well, it's not like you can't still file the paperwork if need be. Try this link: http://www.copyright.gov/forms So much the better if you have any paperwork from previous sales. I ran into this years ago and it is a drag to see your image being used so others make money and you get bubbles. Best of luck on this, maybe someone more familiar with current law and procedures will chime in here. Haven't made it to Utila yet but it beckons--best of luck on this.

 

[itsjustme0770]

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I'm a lawyer in Dallas who happens to also own a little property in Utila. Shoot me a PM and lets discuss. You do have some common law rights. My first question is "Is it a US company?"

 

[Bob3]

Best to send 'em a bill before asking them to stop using it, eh?