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Use of my photographs on a website without my license

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Kaiden

Junior Member
What is the name of your state (only U.S. law)?

California


I am a photographer in Los Angeles, and recently I shot a portfolio for two friends of mine who are models and DJ's. During the shoot we were in the recording company where they mix their tracks, so the manager asked me to shoot a couple of shots for the interiors of the recording room, normally I would refuse to do this, but I did it on the premise that I will get business from them.
I gave them the shots to review, but to my surprise after I tried to cal them several times, I saw that they have uploaded the images on their website without a signed license from my side, they also used one of the DJ's shots on their website when I have granted no such use to my friends.

1- Can I claim through a lawyer that a fee must be paid to me for the use of my images since they hold no written nor signed license from me for both the usages of my interior pictures as well as those taken of the DJ's?

I need to claim USD 3000.00, please advise me on how complicated this could be and how much of a chance I might get my compensation.

Many thanks
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?

California


I am a photographer in Los Angeles, and recently I shot a portfolio for two friends of mine who are models and DJ's. During the shoot we were in the recording company where they mix their tracks, so the manager asked me to shoot a couple of shots for the interiors of the recording room, normally I would refuse to do this, but I did it on the premise that I will get business from them.
I gave them the shots to review, but to my surprise after I tried to cal them several times, I saw that they have uploaded the images on their website without a signed license from my side, they also used one of the DJ's shots on their website when I have granted no such use to my friends.

1- Can I claim through a lawyer that a fee must be paid to me for the use of my images since they hold no written nor signed license from me for both the usages of my interior pictures as well as those taken of the DJ's?

I need to claim USD 3000.00, please advise me on how complicated this could be and how much of a chance I might get my compensation.

Many thanks
First, where did you come up with the figure of $3,000.00?

Second, how are you going to defend against their claim that you gave them permission to do as they wished?
 

Kaiden

Junior Member
First, where did you come up with the figure of $3,000.00?

Second, how are you going to defend against their claim that you gave them permission to do as they wished?

Thank you for your response!
I am an international photographer and what I do is syndication, my daily rate not including right usage is USD 5000. Licensing can go from 1000 and can go up to 10 k and more depending on many factors, but that is for editorial use, when the images are used on a website commercially it's different, and I stayed quite low with my figure.

As for claiming that I gave them permission they must submit a written license signed from my side granting the usage by medium, period of time and territory.

Should I first send them a communication prohibiting them from using my images without my consent?

I am new in the US, that's why I am asking.
 

Kaiden

Junior Member
First, where did you come up with the figure of $3,000.00?

Second, how are you going to defend against their claim that you gave them permission to do as they wished?

Thank you for your response!
I am an international photographer and what I do is syndication, my daily rate not including right usage is USD 5000. Licensing can go from 1000 and can go up to 10 k and more depending on many factors, but that is for editorial use, when the images are used on a website commercially it's different, and I stayed quite low with my figure.

As for claiming that I gave them permission they must submit a written license signed from my side granting the usage by medium, period of time and territory.

Should I first send them a communication prohibiting them from using my images without my consent?

I am new in the US, that's why I am asking.
 

Zigner

Senior Member, Non-Attorney
Thank you for your response!
I am an international photographer and what I do is syndication, my daily rate not including right usage is USD 5000. Licensing can go from 1000 and can go up to 10 k and more depending on many factors, but that is for editorial use, when the images are used on a website commercially it's different, and I stayed quite low with my figure.
I have to assume that you have all these fees set up in your written contract with these folks, right?
 

justalayman

Senior Member
what it sounds like is they understood their request of:

so the manager asked me to shoot a couple of shots for the interiors of the recording room,
followed by you sending the pictures to them without any sort of statement specifying the terms for them to be able to use them was seen as a goodwill gesture on your part with you simply giving them the pictures.


sounds like you need to send a cease and desist demand and go from there.

As for claiming that I gave them permission they must submit a written license signed from my side granting the usage by medium, period of time and territory.
really? How would they know that?
 

Kaiden

Junior Member
I have to assume that you have all these fees set up in your written contract with these folks, right?
No there is no contract, I can give you pictures to review, but legally you should always ask the photographer for a license to make commercial use of the images otherwise you run the risk of infringing the copyright!
I send hundreds of images to many magazines to review and then come back with an order, they know just because I emailed them 80 or so images does in no case grant them use of the photographs unless they receive a license agreement from my side, and I have no contract whatsoever with them, actually it is the license of use that is a contract and defines how they can use the images and for how long.

All I wanted to know is, if you have any knowledge of these laws here in California to tell me what my possibilities are before I spend money contacting a lawyer.

Many thanks
 

Kaiden

Junior Member
what it sounds like is they understood their request of:

followed by you sending the pictures to them without any sort of statement specifying the terms for them to be able to use them was seen as a goodwill gesture on your part with you simply giving them the pictures.


sounds like you need to send a cease and desist demand and go from there.

really? How would they know that?
the law admits no ignorance... !
 

Zigner

Senior Member, Non-Attorney
No there is no contract, I can give you pictures to review, but legally you should always ask the photographer for a license to make commercial use of the images otherwise you run the risk of infringing the copyright!
I send hundreds of images to many magazines to review and then come back with an order, they know just because I emailed them 80 or so images does in no case grant them use of the photographs unless they receive a license agreement from my side, and I have no contract whatsoever with them, actually it is the license of use that is a contract and defines how they can use the images and for how long.

All I wanted to know is, if you have any knowledge of these laws here in California to tell me what my possibilities are before I spend money contacting a lawyer.

Many thanks
Arguably, you took photos and GAVE them to the folks, restriction free.
 

justalayman

Senior Member
the law admits no ignorance... !
you go get 'em then. It isn't a matter of ignorance, it is a matter of your failure to tell them they are not free pictures, which you have apparently failed to do several times.

so, either tell them you did not send them to them as a gift and if they intend on continuing to use them, they must pay you and obtain a signed release or keep whining.


I'm betting it won't be the first of those two options.
 

quincy

Senior Member
Kaiden, if you are new to the U.S., it may be wise for you to visit the U.S. Copyright Office's official website, for information on U.S. copyright laws and, specifically, for information on copyright infringement and the Digital Millennium Copyright Act (DMCA) and on registering works.

http://www.copyright.gov

You can also contact the U.S. Copyright Office at:
Registrar of Copyrights
U.S. Copyright Office
Library of Congress
Washington, D.C. 20559

For general information: 202-707-3000

It would probably also be wise for you to contact an IP attorney in your area and discuss with this attorney the options available to you.

One option is to have the attorney draft a letter to the recording company informing them that you hold all rights in the photographic images and that, without express permission from you, they are infringing on your copyrights by posting your copyright-protected images on their website.

You can offer to provide to them a license, granting them limited rights in the images (ie. the right to use your photos for display on their website) for X amount of dollars. Or you could threaten to sue them for copyright infringement if they do not pay you X amount of dollars. Or you could file suit against them for copyright infringement.

You are right that, legally, the recording company does not have the right to use your images on their website without your express permission to do so.

Again, I suggest you consult with an attorney after familiarizing yourself with U.S. copyright laws. Your photos are definitely protected under U.S. laws, but there are often significant differences in how different countries handle copyright issues.

Good luck.
 

divgradcurl

Senior Member
Arguably, you took photos and GAVE them to the folks, restriction free.
This is incorrect. The rights underlying a copyrighted work are only legally conveyed via a written contract. See 17 U.S.C. 204(a). Without a written contract, the copyright owner retains the rights to the works.
 

divgradcurl

Senior Member
Kaiden, if you are new to the U.S., it may be wise for you to visit the U.S. Copyright Office's official website, for information on U.S. copyright laws and, specifically, for information on copyright infringement and the Digital Millennium Copyright Act (DMCA) and on registering works.

http://www.copyright.gov

You can also contact the U.S. Copyright Office at:
Registrar of Copyrights
U.S. Copyright Office
Library of Congress
Washington, D.C. 20559

For general information: 202-707-3000

It would probably also be wise for you to contact an IP attorney in your area and discuss with this attorney the options available to you.

One option is to have the attorney draft a letter to the recording company informing them that you hold all rights in the photographic images and that, without express permission from you, they are infringing on your copyrights by posting your copyright-protected images on their website.

You can offer to provide to them a license, granting them limited rights in the images (ie. the right to use your photos for display on their website) for X amount of dollars. Or you could threaten to sue them for copyright infringement if they do not pay you X amount of dollars. Or you could file suit against them for copyright infringement.

You are right that, legally, the recording company does not have the right to use your images on their website without your express permission to do so.

Again, I suggest you consult with an attorney after familiarizing yourself with U.S. copyright laws. Your photos are definitely protected under U.S. laws, but there are often significant differences in how different countries handle copyright issues.

Good luck.
In addition, you could also send a DMCA takedown notice to their ISP. Google takedown notice, and see 17 USC 512(c).
 

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