| Photography Forum: Photography Help Forum: |
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Q. Need Copright Help, My photos are being used without permission!
Asked by Justin Myers
(K=116) on 2/27/2002
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Hey all,
I've got a interesting situation on my hands, a former employer has got a hold of my photos and posted them on their website without permission or payment!
I'm not sure what I can do, I have the original negs to prove they are mine.
Should I write a letter to the company expressing my concerns or hand this over to a lawyer?
I really don't want to get caught up in legal fights but I also want my photos removed.
Thanks!
-Justin
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al shaikh
(K=15790) - Comment Date 2/27/2002
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The quick and dirty way is write their service provider and complain, they may just remove them to avoid the trouble. If that does not work have a lawyer file a suit for copyright infringement.
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David Meiland
(K=1820) - Comment Date 2/27/2002
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I would at least talk to an attorney who handles copyright. They will usually give you 5 minutes on the phone. If you have the original film, and the shot is obviously yours, they may take the case on contingency. Once the attorney files (or simply writes them a letter stating intention to file), your former employer may settle right away to avoid having to go to court or hire their own attorney. The lawyer may get two-thirds of the money. If you alert them to the fact that you know about the violation, they may remove the photos before the infringement can be verified. Talk to the attorney about how verification would be done.
It's possible that you don't hold copyright to the photos. If you shot them while being paid by the employer (i.e. during normal business hours) you may have unintentionally performed a work for hire.
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Justin Myers
(K=116) - Comment Date 2/27/2002
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Thanks for the replies.
I wasn't paid while these photos were taken. I just happend to have left a CD full of images there before I left, and I guess this is what happens.
I wrote a letter asking them to take it off. If its not off by friday I'll call a lawyer.
Thank you again.
-Justin
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