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  1. #1
    Senior Member cyberlord's Avatar
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    Mar 2006
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    FWB, FL, USA
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    577

    Re: copyright question

    First things first. Ask your friend directly if he was paid for the photos. Second hand information is not reliable.

    What your friend did was not legal. Unless you signed your copyrights over to him, you still own all the rights to the photos.

    I imagine your friend had to sign some legal papers saying he was the copyright owner of the photos, and if he did he committed fraud. If you go after the clothing company they most likely will go after your friend.

    If he did not sign any paperwork for the clothing company they screwed up big time.

    Talk to your friend. If he got paid he should at least split the money with you (he was the model and did the leg work). You two work out the details between yourselves.

    If you and your friend work it out, call the clothing company and ask them to add your name as the photographer in their advertisements. You could ask them to quit using your photographs if they won't add your name if that's something you want. They might do either or continue to use your photos as is. You will have to decide if it's worth taking further action. On the other hand they might stop using your photos and go after your friend anyway.

    Lesson learned. Don't just give your work away to anyone unless you don't want/need to be compensated for it. If you are asking the question here then you must feel like you need to be compensated in some way (I'm assuming).

    You have a dilemma on your hands. Is he a good enough friend to talk to about this and forgive and forget?

    If you can put all this behind you, get your foot in the door with the clothing company for future advertising campaigns!!! They must have liked your work and may want to use you again.

    Tim

    Edited for spelling.
    Last edited by cyberlord; 01-02-2007 at 06:55 AM.
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  2. #2
    Junior Member
    Join Date
    Nov 2004
    Location
    kailua,hawaii,u.s.
    Posts
    6

    Re: copyright question

    Quote Originally Posted by cyberlord
    First things first. Ask your firend directly if he was paid for the photos. Second hand information is not reliable.

    What your friend did was not legal. Unless you signed your copyrights over to him, you still own all the rights to the photos.

    I imagine your friend had to sign some legal papers saying he was the copyright owner of the photos, and if he did he committed fraud. If you go after the clothing company they most likely will go after your friend.

    If he did not sign any paperwork for the clothing company they screwed up big time.

    Talk to your friend. If he got paid he should atleast split the money with you (he was the model and did the leg work). You two work out the details between yourselves.

    If you and your friend work it out, call the clothing company and ask them to add your name as the photographer in their advertisements. You could ask them to quit using your photographs if they won't add your name if that's something you want. They might do either or continue to use your photos as is. You will have to decide if it's worth taking further action. On the other hand they might stop using your photos and go after your friend anyway.

    Lesson learned. Don't just give your work away to anyone unless you don't want/need to be compensated for it. If you are asking the question here then you must feel like you need to be compensated in some way (I'm assuming).

    You have a delema on your hands. Is he a good enough friend to talk to about this and forgive and forget?

    If you can put all this behind you, get your foot in the door with the clothing company for future advertising compaigns!!! They must have liked your work and may want to use you again.

    Tim

    Thank you for taking the time to answer.Here's the deal,I'm not worried so much about the money as the recognition.I'd like to have my name somewhere saying that I took the picture,but if someone is going to make money off of my photos I feel I'm entitled to a share.I didn't buy 4 grand worth of camera equipment so that my friends can make money off my pics.

    The thing is,the clothing company was going to hire a photographer to be on the boat to take pictures but he never showed up.I was coaching the crew and I had my gear with me so I took pictures.There was some really good shots and I gave them to my friend for his personal use.He's one of my best friends,best man at my wedding and all that.I will talk to him and work it out but I am going to pursue action against the clothing company if it's within my rights.

    The picture is a full page ad in a local paddling magazine and it's being used in there store.

    Anyway,thanks for your time and info,I will get to the bottom of this

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