# Stolen Photo and how to determine compensation!!



## mswiech (Nov 23, 2013)

Not impressed that I find one of my photo's that I took used without my permisson. Looks like they used my photo in their flyer's, on their website and even had another company presenting the event use it on their site as well. The photo in question was used to help them sell tickets at $100 a pop and it even had the event sold out. #GRRRR


Now how do I go and determine what I should be compensated for?  Like I said, the photo was put on the flyer and site in a way that made it be the most important photo.  I don't want to show the flyer as I still am in the midst of written a letter to the organization in question.


Copyright laws here in Canada make it apparent that the photographer owns the rights to all photographs taken.


Any help would be greatly appreciated.


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## Overread (Nov 23, 2013)

Best advice we can give you is to consult a legal professional - ergo a lawyer. 

Considering the use of the photo that you describe there is a chance that the amount you could sue for is considerable and worth hiring a professional. Remember you can pitch a case to most lawyers before you hire them; so take what evidence and proof you have with you. Sometimes you might find that you have to ask several lawyers before you find one who is suitable for your case and with whom you feel will be good enough to win your case.




As an additional point ensure that you've not uploaded the photo to any competition - web page or similar. Many  competitions often contain rights grab clauses and some private company websites will do the same.


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## skieur (Nov 23, 2013)

I would suggest you put out advertising folders or on the web, your rates for your photos as well as copyright notices and warnings.  Although after the fact, it still suggests theft and how much money you lost, which is important in any law suit.


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## limr (Nov 23, 2013)

I don't know about Canada, but in the US, if the copyright to that photo isn't registered, then there isn't really much monetary compensation that is available to you. Yes, you automatically own the copyright, but there's not much you can do other than insist that they stop using your image. From what I understand, Canada's laws were recently changed to be much more like the US copyright laws. It's something else you should check or mention when speaking to a lawyer. And as Overread said, make sure you can list all the places you might have uploaded or shown that photo.


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## robbins.photo (Nov 23, 2013)

Overread said:


> Best advice we can give you is to consult a legal professional - ergo a lawyer.
> 
> Considering the use of the photo that you describe there is a chance that the amount you could sue for is considerable and worth hiring a professional. Remember you can pitch a case to most lawyers before you hire them; so take what evidence and proof you have with you. Sometimes you might find that you have to ask several lawyers before you find one who is suitable for your case and with whom you feel will be good enough to win your case.
> 
> ...



Ok, well you used the word ergo so I would think that makes you more than competent enough to navigate all the in's and out's of Canadian copyright law.. right?

Lol

Well, ya, your probably right.  Best bet would be for the OP to contact a lawyer.


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## mishele (Nov 23, 2013)

Stop!! Just get a lawyer!! We know nothing! hehe


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## Tailgunner (Nov 23, 2013)

mishele said:


> Stop!! Just get a lawyer!! We know nothing! hehe



Well, you know enough to seek legal advice


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## kathyt (Nov 23, 2013)

Get a lawyer. Also make sure you get all screen shots of any info you find on the web, get copies of any brochures you find, and  any other evidence that would help your case before you speak with an attorney. I wouldn't contact them until you seek legal advice first. Good luck.


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## KmH (Nov 23, 2013)

Help! I've Been Infringed! | Photo Attorney

You'll have to adjust for Canadian copyright law, assuming the infringer is in Canada.
http://laws-lois.justice.gc.ca/eng/acts/C-42/index.html


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## tirediron (Nov 23, 2013)

robbins.photo said:


> Overread said:
> 
> 
> > Best advice we can give you is to consult a legal professional - ergo a lawyer.
> ...


What's wrong with his use of "ergo"?


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## robbins.photo (Nov 23, 2013)

mishele said:


> Stop!! Just get a lawyer!! We know nothing! hehe



Ok, now that is not true.  Overread knows what ergo means!  I mean that's.. something.. right?


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## robbins.photo (Nov 23, 2013)

tirediron said:


> What's wrong with his use of "ergo"?



Lol.. nothing.  It was a joke.  I'm pretty sure they have those even in Canada.


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## jamesbjenkins (Nov 25, 2013)

I'd send a letter and an invoice to their art director, or the person who likely decided to steal from you. A very large invoice, including a line item for royalties and licensing fees for the next 12 months.

Oh, and lawyer up. Yesterday. Get ready to scare them into a nice settlement check.


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## pixmedic (Nov 25, 2013)

start at....





and work down from there.


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## KmH (Nov 25, 2013)

Sending an invoice fixes an amount and consequently is usually not recommended until after discovery has taken place and you know the extent of an infringement.
http://thecopyrightzone.com/


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## snowbear (Nov 25, 2013)

tirediron said:


> What's wrong with his use of "ergo"?


One "t" away from moldy rye.  

OP: like everyone else said - find a lawyer that knows copyright laws.


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## MDWine (Dec 4, 2013)

OK, so what happened?  What did you do?   curious minds....


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