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A REALTOR using my images on his website
About a month ago I did some pictures for a REALTOR from Miami of a house about 30 minutes from downtown, I was paid with a check and the Realtor put a stop payment on the check but he is using MY images on his website. How can I resolve this? Sep 18 14 02:27 pm Link Send him a bill and then take him to him to small claims court if he doesn't pay -- also make sure to screen cap your images and document the dates. You can also send a DCMA takedown notice. Sep 18 14 02:31 pm Link Small claims court File a complaint with the association - http://www.miamire.com/ File a complaint with the board - http://www.myfloridalicense.com/dbpr/ Contact the host to have the images removed with a DMCA takedown notice as mentioned above. Or... a phone call to him/her and try and talk through the issue. Sep 18 14 02:37 pm Link Sep 18 14 02:41 pm Link Plagiarists suck. Shoot first; ask questions later. Well, that's how I really feel, but in real life it isn't very practical. There is already good advice in this thread. I would add: copyright your photos asap. You probably can't take him to small claims for using your photos because that's copyright law and it's a federal case. But, you can take him to court and probably get at least the $30 he hoodwinked you out of. Outing him to the board of realtors is a great idea. Hopefully he'll lose his license and have to seek employment as a pimp or something equally slimy. Sep 18 14 02:44 pm Link Yeah... ... Watermark the images, ... Register the images, ... Small claims court. Has anyone asked, yet, why the realtor stopped payment on the check? Sep 18 14 02:45 pm Link Sep 18 14 02:48 pm Link http://www.bing.com/search?FORM=UP22DF& … -SearchBox Miami Board of Realtors has the ability to pull their license or other actions is need be.  Sep 18 14 02:48 pm Link Raul E Marques wrote: Stop payment? Rubber check.. Sep 18 14 02:52 pm Link Sep 18 14 02:53 pm Link Philipe wrote: Unfortunately, in Florida is legal to do a stop payment. Sep 18 14 02:54 pm Link Raul E Marques wrote: The realtor asked me to put all his information on the pictures, since the pictures were gonna be use on a website, I edited the copies, after I gave him the pictures and he review them, he called me the next day asking me to remove the information on the images cause there was a NEW regulation that will not allow him to use the pictures with that information, since I edited the copies, I told him that I could do that for a small fee, that that was not part of our agreement. Sep 18 14 02:55 pm Link Take that bastard to court... Sep 18 14 02:56 pm Link Looknsee Photography wrote: I replied downthere Sep 18 14 02:57 pm Link Philipe wrote: this Sep 18 14 02:59 pm Link Until the payment is made, he has no valid license to use the photos. Tell him to pay up or you will file a small claims action against him, for non payment of services rendered. Sep 18 14 03:01 pm Link Raul E Marques wrote: Please tell me you have a written contract Sep 18 14 03:44 pm Link calistastyles wrote: No I don't, but I have the check with the stop payment and a letter from his lawyer mentioning our verbal agreement. Sep 18 14 03:52 pm Link Raul E Marques wrote: Re-cropping is, in itself, an infringement of copyright. Sep 18 14 05:21 pm Link Raul E Marques wrote: no emails? Sep 18 14 05:28 pm Link Raul E Marques wrote: Stop payment on checks is legal everywhere. But non payment for service or merchandize is illegal. That is considered as stealing. Sep 18 14 05:29 pm Link Chuckarelei wrote: exactly Sep 18 14 05:42 pm Link Raul E Marques wrote: calistastyles wrote: No I don't, but I have the check with the stop payment and a letter from his lawyer mentioning our verbal agreement.
Sep 18 14 08:09 pm Link I would take him to small claims court or send it to collections. I would, however, not send a takedown notice (if one can be used). I am sure a suit for infringement in federal court would be prohibitively expensive. The problem is that, what you seem to have, is a contract dispute. The problem is, if you were paid, you would be fine with him using the image. That makes it, much less likely that a court would find infringement. Beyond that, small claims is much easier than a federal suit. The danger of a DCMA takedown notice is, if he were to win the contract dispute, even if the court found he owed you less than you demanded, you could find yourself on the wrong end of a suite yourself. As an example, if you wrote a computer program for someone, you couldn't shut down their network because you had a dispute over money. That is "self-help." Having the images taken down, if there turns out to not be infringement, (which there is likely not), is also self-help. My question is, why did he stop the check? If it was intentional, that is fraud. If there is a genuine dispute, there is a contract matter to resolve. Why not just talk to a lawyer rather than getting advice here on the forums? They are the right ones to give you the best advice. Sep 18 14 09:24 pm Link 1. First immediately register you copyright. 2. Send an invoice. Explaining that they are violating your copyright and are subject to $150,000 in statutory damages + plus your legal fees by doing so and that if you are not paid by a certain date you will proceed with a lawsuit seeking maximum damages allowed by the law. 3. If they don't pay you do the above with a lawyer of your own. *However after reading other parts of the thread it seems that this might be not been an open and shut case of infringement. So this might not be the best course of action. ** Don't take checks, Cash or Credit Cards. Sep 18 14 09:37 pm Link Nico Simon Princely wrote: Have you ever actually hired an intellectual property attorney to pursue a case like this? Sep 18 14 09:42 pm Link studio36uk wrote: Would you please enlighten us? Sep 18 14 10:08 pm Link Nico Simon Princely wrote: I don't think an invoice will do much good since they have already stopped payment on their check. Sep 18 14 10:42 pm Link @OP. I know this is a lengthy response, but I think this can be easily resolved if you use the right strategy. I'm going to give you some practical advice that everyone should know, and be able to do for themselves. Your best bet is to treat this as a theft issue...since he wrote you a check and then stopped payment. (There is also the copyright infringement issue, but ownership needs to be legally determined first before taking any copyright action.) It helps to know and define your position in all of this... You had a contract...that is...there was the offer of your services and acceptance, and you performed. This is basic contract law. He acknowledged you performed to his satisfaction when he paid you, which completed the contract. Done deal. He came back wanting you to take responsibility for after-the-fact changes that took place at his end...and do so for free. It wasn't your fault his requirements changed. You rightly wanted to make a new contract, and be compensated for the extra work. He retaliated by stopping payment on the check for the original contract. This was a very poor move on his part. No doubt his position is that because he had to do the extra work himself, he is offsetting his expenses against the original contract, and in the end he doesn't owe you anything at this point. He may even claim you owe him because he had to complete your end of the deal? This isn't how contract law works...and his attorney knows it. But I sense this might have been the purpose of the attorney's letter...your failure to complete the contract? But if he had an issue after making payment, then his legal recourse was to then invoice you and substantiate his charges. If he isn't in the retouch business, courts won't let him assign a value to his own labor. In any case, let the DA decide if the agent acted properly. If they don't take criminal action, your option is to pursue small claims court. Don't get smokescreened over copyright issues. If not a theft matter, this is a breech of contract issue first. Here is what I would do if it were me: 1. Immediately make a screenshot for evidence; 2. Contact the attorney that wrote you the letter, and tell them in writing (1) you want the image removed from the website immediately, as you are the legal copyright holder unitil properly compensated, (2) if you are not immediately compensated you are going to file a police complaint on his client for check fraud (passing a bad check), (2) you are going to IMMEDIATELY report [the attorney] to the FSBA (Florida bar association) for his unethical conduct and being part of his client's check fraud scam, (3) you are going to report the real estate agent to the various real estate entities...like the State licensing office, the local real estate board, etc., and (4) if you don't get satisfaction from the police, you are going to file in small claims court for failure of his client to pay for photography he contracted you to do, and which he is now using on his website for free. If the attorney says "go ahead" then file the police report AND the complaint with the FSBA. Don't wait for a finding by the district attorney on check fraud. The DA will determine if it is check fraud, or a contract issue. If they say contract issue, pay the money to file in small claims after you notify all the relevant agencies, etc. Lawyers cannot file in, nor represent people in most small claims courts. All you need to do is show up...show the cancelled check and a screenshot, and the court will rule in your favor. People don't get things for free. Now then...winning in small claims court is only half of it. A judge cannot make someone pay you. All they can do is give you a judgment. It is then up to you to collect the money. But you can register the judgment, and screw up his credit record, if it isn't already. Best bet as far as collecting goes, if you've never done it before, is turn it over to a collection agency...who will go through all the necessary step to legally collect the money. While there is clearly a copyright issue, you really need to resolve the contract part first. He is using the photo in commerce, and if you mess with that, you might find yourself at the end of a lawsuit you don't have the money to defend. It won't matter if you are right or wrong...if you can't defend...you lose. Any copyright lawsuit is a Federal issue that is dealt with in Federal Court. Lawyers want a $20k retainer just to get started...and their fees can get to $50k before you can sneeze...and infringement cases go on for years. This is high stakes stuff...and I personally wouldn't take this path given the situation and amount in question. As far as cropping the photo...if he owns the image...he can do that. You just need to affirm who owns the photo first. Best thing to do is to try to make life miserable for both the real estate agent and his attorney. If you can get the attorney's attention over his improper conduct, you are likely to get a quick resolution. I can tell you that State bar associations take complaints seriously, and if they find this attorney is engaged in unethical conduct by supporting illegal activity, they will come down on him with some severe sanctions, and he knows this. He also knows if it gets to the point of the Bar assigning a case number, the legal community at large will know about his actions and the ultimate result of the Bar's finding and sanctions. He also knows if the police come down on your side he will immediately be in hot water...as in getting his license suspended or revoked. He also knows that if you complain, he will also have to explain his actions in the matter to the Bar initially, and he is unlikely to want to do that. You can download the complaint form, and read about the investigation procedure here: http://www.floridabar.org/attorneydiscipline You likely have a 3-year statute of limitations on this. Stir up as much shit through filing with official entities before you spend money yourself...such as filing in small claims court. Good luck! Sep 18 14 11:31 pm Link David Stone Imaging wrote: IF the OP can get a small claims judgement and they are in possession of a check, albeit with payment stopped, they are also in possession of sufficient information [bank name, account name, and account number] to employ a "bank levy." For those who are not familiar with that term it is an order of garnishment of a bank account to satisfy a debt or court judgement. Sep 19 14 01:27 pm Link In general, I find that much of the advice given here (and in similar threads) to be very "scorched earth" like. One of my business modes of operation is... It is exceedingly easy to escalate hostilities, and It is exceedingly difficult to de-escalate hostilities once they are raised. Yes, you can send him letters from lawyers, or you can take him to small claims court, or you can call the police, etc. There is a chance (not a certainty, just a chance) that you'll get a resolution, but I think it is highly unlikely that you'll get much of anything except getting the realtor to stop using the images. However... ... You'll never work with that realtor ever again, ... You'll never work with that realtor's friends & acquaintance, ... You may never work with any realtor ever again. Raul E Marques wrote: Speaking as a devil's advocate, charging the guy a "small fee" might be a slimy move on the OP's part: Sep 19 14 01:35 pm Link Some of you are having a pretty good laugh about the no contract thing. I find in typical real estate work you can get anywhere from 0 to a half dozen of these a week. its a good mid week filler. They pay but not well. I find almost all of it is done over text message or Google invite. That is as close to a written contract any of the involved parties have time for. If I tried to screw around with anything more they would all move on. The client lineup comes and goes as it is so the relationships are fragile to begin with. Affordable quick turn around is everything and sometimes the images you are getting paid for dont even make the website before the property goes under contact. I still get paid. I have had a half dozen jobs from the same realtor get piled up before they pay and eventually you have to let them know they are behind. They want to act like its something you did but they pay up before you do another job soon enough. In a crunch time they pay up. They are always in a crunch time eventually or they aren't really in the business very deep. If one of them flat out stiffed me I would just move on and not work for them again. It sucks but their reputation is obviously less important than yours. For whatever its worth names float around in this business as I'm sure you already know. Sep 19 14 02:07 pm Link Raul E Marques wrote: Talk to a lawyer to find out your options. Sep 19 14 02:48 pm Link Raul E Marques wrote: Not if he did in fact use the services/products you delivered to him Obviously he did use the images so the service was completed. He stopped payment. THAT is not legal. Anywhere! I mean jeesh, google "stop payment illegal in florida" before making statements that it legal. Sep 19 14 03:00 pm Link I have sold real estate for 29 years now.... I thought about what would be the worst thing that could happen to me for stiffing a photographer. What would I not want to have happen? 1. I would not want my broker to receive a letter about my out-ethics non payment. 2. I would not want to end up in a discussion with my employing broker about not paying someone. If the agent is the broker of record....then forget it. 3. If I worked for a big brokerage firm, I would not want the regional vice president hearing that I was unethical and not representing Corporate the correct way. 4. I would not like my seller receiving a letter and an invoice. I would not like you explaining that I had hired you to take pictures of their house, and that I had failed to pay for them. I would really hate you asking them to send you a check. 5. I would hate it if somehow the flyers in my brochure box were changed ever so slightly that I would not even notice it until it was too late and 25 neighbors/potential buyers saw that small print.... 6. I would really not like it if you dropped off copies of the letter that you gave my seller to the surrounding 20 homes. You never know, but someone may be thinking about selling, and I would not like it if you let people know that they should call somebody else. 7. I would seriously not like it if you did it to every house I had listed currently and every future listing I had coming. I hate that you know what houses I have for sale! If you want to get paid, start with number 1. But number 4 will be the most effective. For those of you that think it will hurt his business, it won't. There is rule in real estate. 1/3 are coming, 1/3 are staying, and 1/3 are leaving. How many of you know people that got into real estate and never made it as a career? There are thousands of agents out there. There are many different offices. Some of them will respect that you stood your ground and got paid. Lots of agents have ethics. Most of us hate the slimeballs that screw over contractors and affiliates. Just some thoughts on a beautiful Friday night in CA. Sep 19 14 06:00 pm Link Raul E Marques wrote: Set loose the lawyers, you have a copyright violation, you have breach of contract also, my suggestion is not only go after him but the owners of the house and his company. Sep 19 14 06:11 pm Link Raul E Marques wrote: I'm so sorry to hear this, Raul. But I note that this entire transaction has been a comedy of errors on your part. I will elaborate, not because I want to denigrate you, but to help you avoid making the same errors again. Sep 19 14 06:26 pm Link I had a guy who didn't pay me for a job. I'd delivered the film. I sent him a return receipt, certified letter stating he was in violation of copyright since he didn't pay for the images he had not purchased the rights to use them. I said the standard penalty for that is triple damages. He owed me about $2000 so the damages he was liable for was now $6000 plus legal fees. 2 days later he called me saying I didn't need to sic my lawyers on him... ???? Lawyers??? The letter was on my business letter head, signed by me. Anyway, later that same day he showed up at my studio with a check paid in full. You sir worked for a crook. He's guilty of theft of services. You can write him but small claims is your best course of action. Save the cancelled check. You may just write him or if he wrote you any incriminating emails, save them as for your case. Good luck Sep 19 14 06:44 pm Link Charging the guy to send him images without the text on them is a shitty move. It would have taken very little time to send them to him and you would have had a much happier client. Does it make it right that he used the photos after he stopped the check? Absolutely not. But if you had just sent him the photos with out the text you would have had the money that you were contracted for and you would have had a valuable client. Well worth what ever "fee" you tried to charge. Sep 19 14 06:50 pm Link Paul Ferris wrote: Probably I didn't explain myself well. When we agreed on the price for the pictures, he asked if I could put his information on the images ( and to start I gave him a really good price on the work) I said yes, not a problem, but I also said to him, do you mind if you choose the picture that you want to use first, and then I will put the information on THOSE ones? He said ok. Sep 19 14 09:45 pm Link |
