A&P What are my rights to photos i took?

Discussion in 'Lifestyle' started by dmora, Jun 13, 2006.

  1. dmora

    dmora Guest

    I want to press charges on someone for not notifing and paying me to use my photos i took of a restaurant.

    I sold the photos to the restaurant to use on their website and for a particular print publication, but not for this other guy's website. Do i have any ground to stand on here?
     
  2. Pineapple Devil

    Pineapple Devil beat it!

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    whats the relation to the "other guy" and the restaurant? did he just lift them off their prints?
     
  3. dmora

    dmora Guest

    he has a website like www.citysearch.com that showcases local places. The restaurant is a client of his who pay him to put directed content on a kiosk/website set up he has. He admitted to me that he took them from their website to use on his own in an off hand comment.
     
  4. SenenCito

    SenenCito OT Supporter

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    from what I understand anytime there is any doubt on who is owner of the pictures the rights are yours..unless you signed away the rights to you photographs (someone correct me if im wrong) so when you sold them you basically licensed the rights to use them at one page, but NOT the rights for him to use them at the other page..and definitly not to allow him to profit of your pictures.

    This is from what ive read if someone else can correct me id appreciate it.
     
  5. tenplanescrashing

    tenplanescrashing Active Member

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    unless you can back up the original agreement, this may be very hard to hold up in court. I believe you must explicitly state that the photos could only be used in one publication/website/etc., but when the guy bought your images, he can use them to his liking as long as the original intent behind the photo isn't altered. correct me if im wrong, but thats how I read it.
     
  6. mojito

    mojito New Member

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    depends on the contract they signed.

    register the photos right away with the copyright office

    if you really feel that you were wronged and it cost you some cash, hire an IP lawyer. assuming you win and you registered the photos, they loser has to pay your lawyer fees, the amount it cost you for misuse,a nd potentially punitive damages

    if you don't register the photos, all you could get is actual damages.

    a cease and desist order is easiest, just ask them to not use it or to pay for it, assuming you wrote the contract correctly for a certain use only
     
  7. CornUponCob

    CornUponCob New Member

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    When you do work for a company, I'm pretty sure that for anything you produce the copywrite is held by the company.

    If you are an independant contractor and you lincenced the use of your photos for outlined specific purposes (stated in a written contract, or you can prove you reached a verbal agreement) then the company can not give your photos to anybody else for any reproductive purposes (weather it be printed out or displayed on a webpage)
     
  8. CornUponCob

    CornUponCob New Member

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    I think rarely can you get punitive damages in IP cases. Punitive damages are... "Where the defendant’s conduct is found to be intentional or willful or wanton or malicious, the courts may permit an award of punitive damages in addition to compensatory damages. Punitive damages are intended to punish the defendant and to discourage the conduct of the type the defendant engaged in."

    If punitive damages are asked for in contract / IP law you usually only get $1.
     
  9. dmora

    dmora Guest

    hmm... Well is it too late to copyright the images? I have all the originals.
     
  10. CornUponCob

    CornUponCob New Member

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    If you did not sell the rights to the photo to the company you took them for, then you always have the copyright to the image. In order to enforce that copyright you must go...... somewhere.... to get it done (not sure of the process). You can't "lose" the copyright (unless you sell it or give it away).
     
  11. mojito

    mojito New Member

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    no, do it as soon as possible. they generally have to be done within 90 days of the infringement to be considered for lawyers fees and punitive damages
     
  12. mojito

    mojito New Member

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    yes, but having lawyers fees covered is reason enough for getting this taken care of. punitive damages are always welcome, who knows, maybe the company is a repeat offender
     
  13. CornUponCob

    CornUponCob New Member

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    Yeah, the lawyer fee deal is nice. Otherwise, you probably wouldn't see a lot legitimate IP cases in court. Offenders could just steal stuff, and the cost of a lawyer is enough of a deterrant to prevent the "victom" from ever filing suit.
     
  14. Dongsy Normus

    Dongsy Normus fag

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    SUUUUUUCK IT
    they are automatically (c) when you take them, immediately when theyre created theyre yours you own the C. But REGISTERING the c to your photos gives you more backing in court
     

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