Photo Used Without Permission

v.e.r.b.a.l

Hi all,

I have a photo of a public event at an Irish festival that I took and posted on my Flickr page and Twitter. This Christmas I noticed that the company that runs the festival used my photo without my permission - they sent an email out to everyone (thousands) wishing them a Merry Christmas. It was my photo with their Christmas message and their logo over it. They did the same on their Twitter too.

I've been in contact with them and they say that another photographer had cleared use of the photo, claiming it to be their own, but since they confronted them about it, they've come clean and said it wasn't theirs. Regardless of whether that's true or not, they've asked me what the next step is.

I want to claim compensation for them using my photo without my permission and without giving me any credit. It's not something they can amend either, having already sent it out to thousands. I don't have much experience with this kind of thing, so I'm wondering if any of you could advise me, under the circumstances, of what you think a fair amount would be to charge them?

Thanks!

5uspect

Send them an invoice with an additional fee for unlicensed use.

v.e.r.b.a.l

5uspect wrote: »

Send them an invoice with an additional fee for unlicensed use.

Yep. That's the plan. Problem is I'm having a bit of trouble coming up with a reasonable amount for the additional fee. Any ideas of a guideline?

Cheers.

PLL

Sorry to hear this, mustn't be nice to not get credit for something used so publicly. Is there are local photographers or are you part of a network/blogging community that could maybe give you advice on the fee..

v.e.r.b.a.l

PLL wrote: »

Sorry to hear this, mustn't be nice to not get credit for something used so publicly. Is there are local photographers or are you part of a network/blogging community that could maybe give you advice on the fee..

Unfortunately not. I'm pretty new to this scene, so I don't really know anyone to ask for advice. Hence, I ask the good people of Boards for advice!

I know it's probably a tough one to advise someone on, but if you could even give me a ballpark idea of what I should charge them, I could decide from that. Because I do want to charge them a reasonable amount under the circumstances, without going nuts!

Paulw

How much do you value your image?

Is the image worth much to you?

You could charge anything from €50 to €500, but you are more likely to be paid when you charge something realistic, while they might fight a higher charge.

For me, I might be happy with a fee of €150, but I'm sure others here will say that is too cheap. To each their own.

magicbastarder

you might have charged €100 for use if approached, so charge €200 given it was done without permission.

CabanSail

I would ask them what they paid the other photographer for their services.

I would then charge the company a standard fee (say €100) then charge the photographer who stole your image the amount they were going to get for the job.

The original company acted in good faith, the photographer who passed it off did not.

twowheelsonly

I'd second being reasonable with them.

It does appear that they acted in good faith and in fairness they seem to be straight up in handling the situation as well.

Less could be more in this instance. They obviously like your photo. They're an events company. You're easy to deal with. The other guy is now cut as far as they're concerned. Next job is all yours if you want it !!!

Speak to them, tell them that you accept that they were caught out (but don't bad mouth the other guy too much), charge the going rate or however much they paid him and let them worry about chasing him for re-imbursement. Be sure to let them know that they're welcome to call you in the future or should they require any of your photos in the future.

Ideal situation for you in fairness!!

djburchgrove

listen to this man above.