Free poultry calendar RANT

[HorseFeatherz NV]

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It's a popcorn party

 

[Sonoran Silkies]

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Yeah, that's what DH said to, I should ask for their info. There's no way they'll give it to me.

Threaten them with a copyright infringement lawsuit and that information will be rapidly forthcoming. But you may need to request the information through an attorney representing you.

 

[Sonoran Silkies]

What you should ask for? They should recall all undistributed calendars, if you want the photo included with your name, they should re-publish. Yes, that will cost big bucks, and the one footing the bill should be the person who STOLE your copyrighted image. If the thief received any money or prizes, you should also be given them. And she should be procecuted for her theft, and there need to be press releases so that it makes the news, and hopefully deters anyone else from making the same criminal mistake. Now that is what I consider your moral right, but is not necessarily your legal right.

However, you will have to search copyright law to see how much you are entitled to for the theft of an unregistered work. I *think* it will be the proceeds received for the theft, but *not* the cost of legal action. Registering your copyright would have allowed you to recover the court and attorney fees, and perhaps a multiplier of what was gained from the theft.

 

[Rozzie]

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All photos, works of art, and everything else of that nature that we produce are automatically protected by copyright. Laws today do not require us to post a copyright notice on them or register them in order for them to have this protection. Registering does make it easier to prove ownership and can streamline a copyright suit, though.

I'd say that since this was stolen and published with someone else's name, you'll have a lawsuit for copyright theft or some similar violation. Whether or not you'll win much of a settlement is another story. The publisher will have to have information on who they obtained the photo from. That can be subpoenaed if there is a court case and they will have no choice but to release all pertinent info that they have on this. Again, whether or not you would get enough in the way of financial damages to bother is another story. It depends on what she received for the publication (probably not much). At the least, ask them to publish a notice in next year's calendar crediting the photo to you. It will probably be in small print, and there is no guarantee that folks will look at it, but it will be in writing somewhere, at least.

 

[Cloverleaf Farm]

Thanks for the advice! I was thinking of asking them to make him the "cover chicken" next year with a banner ad with my website on it.....

Oooh, or maybe free NPIP testing for my flock for 5 years or something like that...

Watcha think??

eta: I don't know if I care quite enough to deal with lawyers and lawsuits...now if she had made a ton of money off of it, that would be a very different story...

 

[Camelot Farms]

I like the free NPIP and the Cover Chicken. Dont forget free feed

 

[rebelcowboysnb]

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Rights of the copyright holder are the same weather its registered or not. Registry just makes proving ownership easier...

 

[san415]

don't "offer" what you think is a fair settlement to the problem. They may have a better idea of what is fair and it may be well above what you are hoping for. Just make sure you follow up with a letter so its in a legal form. If its not in print it doesn't count. Ask them what they are going to do to fix the problem. Let them know your very unhappy and feel very grieved against. All companies know what "grievance" means. A problem that the other party expects some form of compensation for.

If the problem was clerical, and by that I mean if they have your photo due to a previous contest you entered it in, and just mixed up the name by accident, then all they need or will do is give you the proper credit in some way. That is where it gets muddled, could there be any connection to the other contest that you did enter your picture in? If you have that information still it would be a good idea to go over all the small print for that contest.

If the other person did somehow get your photo and use it, the calendar people I am sure, have no liability if they have a signed statement from the people who entered photos in the contest that the calendar pictures came from. So if they do anything for you I would be happy. The person who was in the wrong, if it wasn't a clerical error, is the woman who stole the photo.

I have entered my landscape photos to places, most of the time I have to send 1 photo at a time on a cd. Sometimes I have been able to upload a photo online too. I have often found that by entering a photo, even if I don't get it published, I lose all my rights to the photo. Tha'ts why I am wondering if there is some type of trail from the contest you entered it in and where it turned up. The fact that the other girl has a second photo attributed to her could mean your photo should have had your name as the contributor, and the printers or editor messed it up?

Anyway its a pain and a time waster, but you need to see this through, as a hobby photographer, I often wonder if people use my photos as their own. I give tons of my landscapes away, and I am happy to do so, but I worry about all the photos of mine that are passed around on facebook.

 

[desertdarlene]

The problem with copyright is that you have to have the item registered with the copyright office in order to get the big "punitive" damages you hear about. It actually says that when you go through the copyright office's paperwork or website. But, if you can prove damages, you can get reimbursed for that.

In the very least, they should make a correction for future printings, give you some kind of free merchandise or money (such as the prize that other person got, which is actually a "damage" to you because you should have gotten it) and make the other woman give back her prize.

 

[rebelcowboysnb]

Here ya go. http://www.photolaw.net/faq.html