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> Stolen photos, If you see a photo you suspect is stolen, post it here!
spphoto.dk
post Dec 20 2008, 02:10 AM
Post #41


Hvis du kan læse dette, er du en sikkert dansk
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QUOTE(Easton @ Dec 20 2008, 03:47 AM) *
bah



Hahahaha - The backside of being a world famous car photographer. I bet you can't even do shit about 75% of the cases, amirite?
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andywee
post Dec 20 2008, 11:15 AM
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QUOTE(spphoto.dk @ Dec 20 2008, 06:10 PM) *
Hahahaha - The backside of being a world famous car photographer. I bet you can't even do shit about 75% of the cases, amirite?


actually you are wrong. the more famous you are, the higher price you can get out of the whole ordeal. the biggest problem with these cases is the photograher usually has to come up with the legal fees first. and hoping that at the end of the deal, you get more than what it costs you to start the commerical legitation. if i am not wrong, it cost AU$20k to start for australia. each country has got a different set of fees. for australia, the $20k that we(photographers) pay cannot claim back from the other side. so the whole ordeal, if it doesnt drag too long, can cost up to $50k. so the image has to worst at least $50k.


in australia it cost au$20k.
in singapore it costs $5k but the ceiling limit that we can claim is only $20k per image. but if the plaintiff is not in singapore then it becomes a different issue.

most of the time, online web cases are US/worldwide issues. eg server is in 1 country, plaintiff is in another country.
if i recall the limit for UK is $120k GBP per image
US is $200k USD per image.

being famous is not something someone say. but based on how many companies look at it..
eg, Easton by far is more famous than me in everyone's eyes. but because I have nikon worldwide recognition, I can claim more than 2x when compared to Easton.
having won international competitions and getting sponsored are multipliers to the 'famous' quota.
the famous factor in otherwords must be a physical evidence and not just a hearsay.


My situation is very different. I have good terms with my lawyer. so I persue each and every case that comes to my knowledge. most of my cases so far are settled 'out of court'. I guess in the industry word has gotten out that I am quite agressive in such issues that many have taken me very seriously. partial such issues is to keep the money rolling. eg, the money won from such cases are used to roll for the next case. all it takes is to just get the first case started and stick to it to the end.
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andywee
post Dec 20 2008, 11:39 AM
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QUOTE(pterps @ Dec 20 2008, 06:11 AM) *
I have seen a lot of pictures on websites in this topic, but what to do if one of your pics has been used on a television programm?

A dutch programm used one of my pictures last monday in a show on tv. It was for a topic about the Maybach Landaulette.

I have send them a mail and asked them to come with a proposal to solve the problem.


I have mentioned this before..
dont ask them for a solution..

start by sending them email/contacting them, telling them that you are very happy that they found your image good enough to use. and you would be delighted to send them more images if they need so. meantime, tell them that usual cases, you would be charging them licensing fee and statuatory damages. but you are willing to understand their oversight of using your image(s) without your permission.

tell them what you normally charge. and send them your regular licensing invoice. then tell them that if they found your other images good enough for them to use also, tell them you are willing to offer some discount in licensing fee for the other images they intend to use.


i hope this help. I'm glad this is stickied. kinda tired of repeating this over and over again.




as for licensing fee, there are a few factors that contribute to the total figure.
1) what medium is it used for, eg billboards, newsprint, magazines, etc
2) how many copies
3) size of print
4) how many countries
5) I remember there is a fifth. but cant put my finger to it. when i remember i'll fill this up again. <g> yeah I'm getting old.

how the formula works

MEDIUM: magazines=1, etc etc, if medium is mag & newspaper, MEDIUM=2
COPIES: if the mag printed 20k and newspaper = 100k then COPIES=120k divided by X. (x=something that you decided.)
SIZE: full page for mag and 1/2 page for newsprint, then SIZE= 1.5
COUNTRIES USED. mag=6 countries, newsprint=1 then COUNTRIES=6 (whichever is higher)

MEDIUM * COPIES/X * SIZE * COUNTRIES = licensing fee.

if anyone has a more accurate formula feel free to correct me.
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Boily
post Jan 1 2009, 08:10 PM
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Easton
post Jan 1 2009, 08:51 PM
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bah
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George Manont
post Jan 21 2009, 06:25 PM
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Hi,

My 2 cents ;


1. If it is for commercial use, just give 'em a lite warning. Meanwhile you have to gauge the actions, cost and benefits !


2. If it is NOT for commercial use, why don't you feel proud that your work is adored by cyber people.


This is a matter of thinking. You can sue 'em but the judge would NOT treate this type as a priority.


Peace.
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wooter
post Feb 13 2009, 09:42 AM
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http://www.speedwear.be/index1.html ...
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Benny
post Feb 13 2009, 09:54 AM
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Easton Chang: world renowned for illegal use of his images
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Costas
post Feb 20 2009, 08:36 AM
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So uhh.. one of my clients that I had done a shoot for said one of his pics got used in Nissan Sport Magazine as seen here:



It's the white Z under 1990-1996 category. Should I bother doing anything about this? They didn't contact me or offer any type of compensation for using my photo.. hMMMMMMMMMM. I wonder if anyone here knows the photographers of any of the other photo's on there, and if they even know their photo got used.

edit: just got this email from the car owner
QUOTE
i got another email from them...he said that my car and pics are
likely to make a one page feature, but prob not till later in the
year...which is okay, cause i'm doing a complete chrome engine bay
project right now and i'll be able to submit pics of that as
well....you'll hear from me again
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JustinCesler
post Feb 20 2009, 06:26 PM
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Costas,

Reading that last email actually hurts my brain. I feel for you.....wow, that is amazing.
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Seethegrim
post Mar 1 2009, 02:21 PM
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I have a question.

I did a shoot for a private client about a month ago. Then a couple days ago I see one of the shots I did on that shoot being used as a magazine cover. Its some small local mag that. They also then ran the rest of the images inside the mag as a "feature" article. They gave me this tiny ass credit byline. BUT, I would have never even known about it if I didn't happen to read someones status on Facebook about this car they saw on a mag cover which I then just happened to check out.

Whats the deal on that. I emailed the editor with a polite: WTF, you didn't even let me know you were using my images. No reply as yet. Because the images were from a private shoot, am I allowed to get a bit uptight about this?
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andywee
post Mar 1 2009, 04:45 PM
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"am I allowed to get a bit uptight about this? " absolutely.

i have mentioned this before.. just email them and THANK THEM for using the image and attach a invoice with the email. tell them that payment greater than 30 days consititues copyright infringement and you would instruct your lawyer to issue a cease and decease letter. for the fact that they have used your images for COMMERCIAL reasons means you can sue them.
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DrDevil87
post Mar 1 2009, 06:25 PM
Post #53


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Jump on it
Get yur money
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Mike Boldt
post Mar 1 2009, 07:57 PM
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Last March I had a mag use a full page of my photos, it was a bunch of shitty club shots, but I was still told I'd be contacted for permissions for the images, never was, and was told they weren't using them... Then they end up in national the mag... I never talked to the magazine directly, I was shooting with their former photographer who was passing the gig over to me... He sent them the images to see if I was what they were looking for, then he told me they weren't going to use me because I didn't get them a big enough variety in the time needed, so I assumed they wouldn't be used...

I emailed them, sent them an invoice accordingly, they just replied with "our photographer told us that you said we could use them"

Would it be worth going after? I already contacted a lawyer, he said the photographer he said / she said shit may cause a problem, but when it comes down to it, THE MAG, never directly contacted ME, and I never granted permission for them to be published...
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andywee
post Mar 1 2009, 09:34 PM
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the key is there is no written agreement.
I'm already doing what i can for my region. sueing every single client that think they can run away with it.
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Mike Boldt
post Mar 1 2009, 10:18 PM
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I'm just wondering if it'd be worth it and if I stand a chance.

I'm in Canada too, so I guess it's probably a bit different from anywhere else... but probably along the same lines.
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DrDevil87
post Mar 3 2009, 06:02 PM
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You should
period
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OHirtenfelder
post Mar 5 2009, 12:09 AM
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That guy that you know does what!
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Hey Seagram,
I'm not sure on the exact details, but I remember hearing over and over, how much SA photographers struggle with copyright infringement. And that most of the time, the other fuckers get away with it.
Yesterday I needed a quote for a model for some shoot, and the quote was R 11 900, for a half day, but the pricey part of it was the useage. That's the wave I think you should ride. Make some money(or at least make them pay) from your useage.
BTW. what mag is it?
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Seethegrim
post Mar 12 2009, 01:44 AM
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QUOTE(OHirtenfelder @ Mar 5 2009, 10:09 AM) *
Hey Seagram,
I'm not sure on the exact details, but I remember hearing over and over, how much SA photographers struggle with copyright infringement. And that most of the time, the other fuckers get away with it.
Yesterday I needed a quote for a model for some shoot, and the quote was R 11 900, for a half day, but the pricey part of it was the useage. That's the wave I think you should ride. Make some money(or at least make them pay) from your useage.
BTW. what mag is it?


I've been doing some serious reading up on Copyright Laws for SA & man, its a fking joke! SA is the ONLY country that (by law) you lose all copyrights if the job is commissioned. Yes, if someone pays you to shoot xyz, they own it thereafter! The ONLY way to get around it is if you put a legal clause into your quotes (which I've done immediately) which specifies that copyright remains with me (or any SA photographer) after the shoot is done. This quote then HAS to be legally signed thus confirming the T&C and Copyright I've specified. I've also put a usage clause & fee into all my stuff now.

Gawd, I have been taken for a bloody ride for too long. That goes for any photographer in SA who isn't aware of the little 'catch' in the copyright laws. head.gif

Oh, as for that magazine, I can't find them anywhere. Fly by night deluxe...
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Mr.B
post Mar 12 2009, 02:10 AM
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http://www.autoblog.com/2009/03/11/shelby-...-former-unique/

Isn't the main photo in this one of Easton's?
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