Why did the mod's remove my posts???

I'd posted this

"Seems my photos are in a few brochures of a Caribbean travel agency. I ran into a friend yesterday who swore he recognized my photo on the cover of their new brochure.

Several years ago, the owner of the company saw one of my web photos and asked for a full rez copy. His terms were, cash up front for 1 image; or a trade deal to use multiple images as long as my name was on the photo, they asked permission first, and that all images used would go for a "trade" on my next trip. I sent a few more "teasers" to see if I could get my foot a little more firmly in their door and was thrilled when they "asked" to use them as a featured slide show for one of their resorts website's (w/accreditation) and one of my photo's was in the resorts printed brochure (again w/accreditation). Now, however, I've found out that they are using my images without accreditation or without prior notification to me. My friend is bringing by the printed brochure tomorrow, I already found one of my images on their new website w/o accreditation, thanks to his heads up.

My dilema, how hardlined should I get ? They are using images w/o my "notification" that they were going to use them. How many more have they printed up to take to trade shows ? The current photo on the web site has no accreditation while several of the other photo's have the other photogs' credits. After I see the brochure tomorrow, I'm going to see if my name is listed anywhere for the credits. If not, I think I need to get a little more hardlined when push comes to shove.

Working pro's what are my options ?"

to 3 forums: to the most relevent I thought, but now it's been shuttled to the "Copyright Issues, Non-Payment, Fraud, Theft" thread (where it actually belongs) but the last responce was from July 5!!! I need an answer now as I need to call these guys tomorow. Why was my post removed from the other 2 forums I'd posted to??? MODDD'SSSS ?????

Hi Dave,

We don't allow cross posting on Wetpixel. One post in the appropriate forum please.

I deleted your extra two posts last night before they had any replies.

Cheers

James

Dave,

I feel your pain. If you have not done so already, you need to register the copyright of the images used with the US copyright office. You said over on D2D that the company is based in Florida, so you have them "bang to rights", as long as you register the images. You have 90 days from becoming aware that an image has had copyright infringed to register the image, and then you can go after them to the full extent of the law for infringement, which is very lucrative!

Here is some text from another website discussing this sort of issue:

Registration is easy, especially with digital images. You can "bulk register" unpublished images in any quanity. (10 or 100,000 at a time).

 

This is what I do (and have done for many years). EVERY images I create is copied into a "copyright" folder on my desktop. I do this by using the batch process in NC-4. I convert the RAW NEF files to 72ppi j-pegs with maximum compression. At the end of every other month, I copy the folder to CD-ROM, fill out "Short Form VA" and send it along with my check for $30.00.

 

It takes up to six months to get the registration certificate back. However the regestration is complete on the day the copyright office receives the package.

 

It is important to send the package via FedEx or similar service. Do NOT use the US postal service. This is because all regular mail is still irradiated to protect against anthrax attacks. The irradiation is so strong, it can melt the CD. FedEx and other carrier's packages are opened at a secure facility away from the copyright office, tested and forwarded.

 

If you have an image that was infringed, you can within 90 days of the infringement, still register it as a published work on Form VA and recieve some protection. By registering EVERYTHING every sixty days (6x a year) you are fully protected.

 

A few other notes:

Published images can be bulk registered, but the rules are strict and limited.

Published work requires TWO copies of the image AS PUBLISHED.

Copyright matters must be addressed in Federal Court. Copyright laws are Federal laws. Don't try to run to small claims court for a copyright claim.

If you have a serious issue, make sure to contact a lawyer who is experienced in "Intellectual Property Law". Not the lawyer who signed off your mortgage! ASMP and PPA have lists of qualified lawyers.

 

Jim Cavanaugh

President ASMP/WNY

Form VA can be obtained from www.copyright.gov by clicking this link to a PDF file.

Do this, get your rights all lined up in a row, and then present them with a bill for usage. Multiply the bill by 3x to compensate for the infringement. If they refuse, point out to them that they WILL lose the copyright infringement case, and be ordered to pay ~150K per image... that will take the wind out of their sails.