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Can I sue a magazine for using my images?
I recently submitted my images to a guy for use in his magazine pending I get an ad in the mag. He basically got gangsta on me and told me he was using my images without my permission and dared me to come after him for it. Is there a way to sue this guy for unauthorized usage? Sure enough, I sent the images to him but he text me a few pages of how my magazine did not work out and how he was doing me a favor so that I wont "be that same internet facebook a** photographer" that I currently am... Aug 13 12 08:59 pm Link I am no lawyer, but my own rule of thumb is, that unless he is making money with the material, there are no damages to you that a court can recover. Aug 13 12 09:09 pm Link He has a national magazine that he is making money on. He made a statement to me in the text message that I post my photos on facebook for free so he should not have to pay me, yet you can only view the cover unless you pay for it. Aug 13 12 09:17 pm Link First, did you register the images before you sent them to him? If not, you may be limited as to statutory damages. I am not going to give you an explanation, but if you register images on a timely basis, you are entitled to more than if you didn't. Second, it is going to depend on what you said to him when you sent him the images. On the one hand, it could be infringement, on the other it could be breach of contract. I say breach of contract because, a court could easily say that you gave him permission to use the images, he just didn't fulfill his end of the bargain. That can be bad and good. It is bad because if it isn't infringement, you won't be able to get the big judgment if you have registered the images. It is good though, for two reasons. First, to sue for infringement, you have to go to Federal court and it is expensive. If it is breach of contract, i.e. he used the images but didn't give you your free ad, then you can take the breach of contract to small claims court. Small claims court is relatively easy and inexpensive. So it could be a blessing. I am not a lawyer, but your small claims court probably has an adviser. I suggest that you go speak to them to see if it would be an option. Aug 13 12 09:20 pm Link I'd say be glad that he was stupid enough to say these things in a text/written format. If you do end up suing, you have a much better case with proof that he knowingly used your images without intending to pay for them. I'm not a lawyer, but I understand that it doesn't matter if he made any money. Your damage is what you're out, not him. You're out what you should have been paid for the type of usage. Aug 13 12 09:24 pm Link Philip R wrote: yes, you are no lawyer. Your reply is just silly (and incorrect.) Of course there are damages, how much and if you ever collect is a different thing. Aug 13 12 09:24 pm Link Philip R wrote: That's why you're not a lawyer: because you're wrong. Aug 13 12 09:25 pm Link Document every bit of communication, find an experienced lawyer that will tell you what can be done, and stop posting about it online. Aug 13 12 09:25 pm Link Karl Ray wrote: what he meant by that is since you probably didn't register the images, yet you published them now (facebook being the publishing) then there are no damages you could recover from him for using it Aug 13 12 09:25 pm Link ei Total Productions wrote: Backwards, Alan :-) Aug 13 12 09:26 pm Link Hire an attorney now. If you didn't register your images you limited yourself to what you can collect. But it doesn't mean you can't sue. Aug 13 12 09:26 pm Link You could kindly ask him to not use them because it would make you not happy. Aug 13 12 09:27 pm Link Or....get revenge. Create something to go viral and have the net take the thief down and out of business. As happened here - http://en.wikipedia.org/wiki/Cooks_Sour … ontroversy Not only did the editor steal from a blogger, but used photos and articles from mainstream magazines as well. ...the response by the Cooks Source editor "may well become a digital textbook example of how not to respond to grievances in the internet age." The incident was named journalistic Error of the Year for 2010 by Craig Silverman of website Regret the Error. The fallout from the controversy drove Cooks Source out of business within two weeks of it breaking in full. Aug 13 12 09:28 pm Link ei Total Productions wrote: Sophistocles wrote: Reread it. He said "Limited AS TO statutory damages" meaning statutory damages would be limited if he did not register the images. Aug 13 12 09:28 pm Link J Jessica wrote: I kindly asked him not to use the images and he came back with ignorance utterances and basically told me to kiss his behind because he is somebody and I am not. Aug 13 12 09:31 pm Link The images are on here and on facebook, I just reposted them on facebook right after I asked him not to use them... karl5026 Aug 13 12 09:32 pm Link Hi, Karl. Dig your work first of all and I'm sorry about what you are going through. Yes you can sue him. The question is will it be worth it to file a case and all the headaches it may bring. You have to pay to file a case. Even if you win there is no guarantee you'll ever make a dime. You said its a national publication so maybe you can get a local lawyer to help out. Some of our legal beagles can help here. Are copyright violations federal or state? I think its federal. My understanding is you can't sue in small claims for them. http://asmp.org/tutorials/enforcing-your-rights.html Aug 13 12 09:32 pm Link Designit - Edward Olson wrote: ei Total Productions wrote: Reread it. He said "Limited AS TO statutory damages" meaning statutory damages would be limited if he did not register the images. Ah, you're right. English. I can haz. Aug 13 12 09:38 pm Link Karl Ray wrote: Perhaps he had a rough childhood. Aug 13 12 09:39 pm Link ei Total Productions wrote: Designit - Edward Olson wrote: Sophistocles wrote: No worries, I sometimes write pig Latin better than English. Aug 13 12 09:39 pm Link Where and or how would I register my images??? I have millions of images and I think I missed this course. Aug 13 12 09:40 pm Link Karl Ray wrote: Start here: http://www.copyright.gov/help/faq/ Aug 13 12 09:42 pm Link Karl Ray wrote: Another resource: http://www.ppa.com/copyright-advocacy/resources.php Aug 13 12 09:43 pm Link I appreciate all the input from everyone and hope that I can remedy this situation. I will be much more careful in the future and make sure my files are protected before I do any stupid transfers. Aug 13 12 09:59 pm Link Any money grubbing slug can sue any other money grubbing slug for any reason whatsoever. Whether the plaintiff will win, however, is not guaranteed. So, sure -- bust your cherry in civil court. Here's what you can expect: ... Your lawyer will get paid. A lot. ... His lawyer will get paid. A lot. ... Lawyers, who are paid by the hour, are not interested in a quick resolution. ... His lawyer will say nasty and mostly untrue things about you. ... Your lawyer will say nasty and mostly untrue things about him. ... The points you think are relevant will be dismissed. ... The points you think are irrelevant will be central to the trial. ... You will lose sleep. ... You will tug on the coats of strangers to tell your sob story. ... The judge might find against you. ... The judge might find a middle ground that doesn't satisfy anyone. ... Even if you win, there is no guarantee that you'll collect any award. ... The other guy will tell his sob story to all the potential clients in your area. In short, trials are nothing like what you've seen on TV. So, have fun. To thread participants: We haven't heard both sides of this story. At this point, we have no reason to believe or disbelieve the OP. For all we know, the form he filled out when he submitted his photo included a usage license for the magazine. Aug 14 12 08:13 am Link Karl Ray wrote: Aug 14 12 08:21 am Link Looknsee Photography wrote: There is always two sides to any coin. The OP simply asked if he could sue, and the simple answer is yes. Aug 14 12 08:23 am Link once again, buy ed greenberg's book. it is under $14 on amazon. there is no excuse not to educate yourself! Photographer's Survival Manual: A Legal Guide for Artists in the Digital Age Aug 14 12 08:30 am Link Looknsee Photography wrote: pullins photography wrote: And I told him, yes, too. I just went further to warn him that his experience might not be what he expects. Aug 14 12 10:39 am Link Looknsee Photography wrote: Everybody wants to sue, but not many know what it really means. Aug 14 12 10:41 am Link ei Total Productions wrote: Truer words have never been spoken. Aug 14 12 11:32 am Link You can sue anyone for almost anything. The real question is...will it be successful. But if we don't start going after publications that do this, what is the point of us even pretending we own copyright? Laws are only as successful as their enforcement. If we do not take the civil matters to lawyers, we may as well all just pack up our shit and go home. Seriously...why would we even bother if we just let every dickwad just take what they want? I am not suggesting we go all RIAA on everyone, but if we are not stopping print publications from ripping us off, then we are all idiots. If the RIAA can successfully sue college kids and grandmothers for insane amounts of money for downloading a song, there is no reason we cannot protect our images, Aug 14 12 11:34 am Link Has a court made the decision that posting your photos on Facebook constitutes "publishing"? Aug 14 12 02:00 pm Link After some additional thought, I have some questions: ... The OP implies that the magazine acquired the photos from Facebook. True? ... What is Facebook's terms of usage for the photos for the images posted there? ... What does the OP expect to get if he sues & wins? Aug 14 12 02:36 pm Link Stephen Dawson wrote: Stephen...whats that got to do with it? Looknsee Photography wrote: 1. No, he said in the first line that he had an arrangement for images in trade for advertisement space. The publisher then said screw you. That may actually be criminal..obtaining goods under false pretenses. Aug 14 12 04:18 pm Link Stephen Dawson wrote: Rick OBanion wrote: For statutory protection and penalties under US copyright law, you must register the photos within a certain number of days (not sure how many) of publication. Aug 14 12 07:27 pm Link Stephen Dawson wrote: Rick OBanion wrote: Stephen Dawson wrote: FYI, posting on the web, in and of itself, doesn't constitute publication. The copyright statute lists certain criteria which has to be met for an image to be published, then allowing you up to ninety days to register it on a timely basis. The question is if, when he posted the image, he met the criteria in the statute. The point is you are asking the wrong question. The question isn't if posting on Facebook is publication. The question is, when he posted it, did he meet the criteria for publication. That is a question of fact. In some cases, posting on the web will meet the criteria, in other cases it won't. Aug 14 12 07:50 pm Link Water mark your images. Do not supply clean images until payment has been received. Situation solved. -Koa- www.borikenwarrior.com www.facebook.com/borikenwarriorstudiosmodels Aug 15 12 01:48 am Link Put him on blast! Make a blog page and drop a link on every photographer site! Since you can but him on blast on MM I'm sure a link to it would be ok. I for one would like to know who it is and not do business with as long as the story is true! But that's the thing isn't, is the story completely true! You can send him the link too and let him be able to post his side too! I think we can judge if he's a jerk or not! A thief or not! At least he will know if he does this the rest of the world will know! Cheaper and easier then going to court and it might have more of impact on him and how he treats the next photographer! Aug 15 12 09:22 am Link Looknsee Photography wrote: Rick OBanion wrote: That's why I'm confused, because the OP later suggested that the magazine said he got the images from Facebook Looknsee Photography wrote: Rick OBanion wrote: That's too vague -- did the magazine violate anything, given Facebook's rights to the images? Looknsee Photography wrote: Rick OBanion wrote: 3a) We still haven't heard both sides of the story. For example, did the OP say or Aug 15 12 09:48 am Link |