Photo related... what can my buddy do? Photo illegally used.

[Geoff_M]

Step One: Register the image with the US Copyright office. US Copyright law gives the image taker automatic copyright protection upon creation, but if there is a dispute that might lead to damages being awarded, you must register the image before you seek redress. The cost is ~$30 per "submission" (a submission can be a CD full of photos) and only requires a simple form that you can fill out yourself.

EXIF data might help a potential user to contact you if they wish to use it, but as of now the EXIF data offers no legal protection one way or the other.

Step Two: Contact the business and point out the problems and request payment. There are a number of websites that can estimate, based on the use, what a "normal" usage fee would be. If the business refuses to deal with you, contact a lawyer that understands copyright law. Have them send a nice letter with legal letterhead and see what happens.

 

[Papa Deuce]

Step One: Register the image with the US Copyright office. US Copyright law gives the image taker automatic copyright protection upon creation, but if there is a dispute that might lead to damages being awarded, you must register the image before you seek redress. The cost is ~$30 per "submission" (a submission can be a CD full of photos) and only requires a simple form that you can fill out yourself.

EXIF data might help a potential user to contact you if they wish to use it, but as of now the EXIF data offers no legal protection one way or the other.

Step Two: Contact the business and point out the problems and request payment. There are a number of websites that can estimate, based on the use, what a "normal" usage fee would be. If the business refuses to deal with you, contact a lawyer that understands copyright law. Have them send a nice letter with legal letterhead and see what happens.

Thay are in negotiations as of today I think. I don't think my buddy wants all that much. He's not at all a greedy person.

 

[Geoff_M]

That's good to know, but sometimes such discussions will lead nowhere. The business will try to claim that since it was posted on the Internet that it is in the "public domain" or they may try and low-ball your friend. This is when the letter from a lawyer can come in handy. They get it, get concerned and show it to their lawyer who will then point out to them that what they did with the image was 100% indefensible in court and they will suggest to the business owner that they come to a mutually agreeable solution post haste.

It's not "greedy" to want to be fairly compensated for usage. My guess is that a standard rate for this image would probably be a couple hundred dollars. Your friend shouldn't feel that because he isn't a "pro" or because he might be flattered that some one thought his work was good enough to use in a catalog that he shouldn't request "a lot" in a settlement.

Here's an example of a quote estimator: Link I plugged in a guess based on what you posted and got a range of $100 - $660 with an average of ~$300 per year. Also tell your friend that he should only license the business to use it, and don't "sell" them the rights to the image.

 

[ktulu]

Well, to get it removed all he has to do is send a DMCA notice to the guy's ISP, and they are required by law to notify their customer for removal. Their customer could send in a counter claim, but would need to remove the content for 10 days while the counter claim is sent back to the complaintant for rebuttal. Normally it doesn't get to that point, but it's serious enough where that company could have their accounted terminated by their ISP