Photography rip off...

It is most likely where they were developed. There's really no point looking anywhere else. And to use a client's picture without their permission shows a lack of decency and very poor judgement and surely againts the law. And for marketing purposes to top it off. I guess it comes down to, how agressively you want to pursue it, if at all. I would definitely be very mad though.

Yeah, he was rather confused this evening, wondering how on earth it happened and what to do about it.  He and his brother are most likely cooking up some cool advertising or something.  :-) 

It's a cool panoramic picture of an dormant volcano he and his friend hiked in New Guinea last year when they were working there for a month.  I asked him if he was absolutely sure if it was his picture (I was sure it was though...even I recognized it.)  And he said yes, you can see the rope his friend used to climb down inside the volcano. :-)  There's a good chance it hasn't been photographed too often.  Especially not with that particular rope in view. :-)

I read that in Obama's poster case the guy that took the photo was the owner, and sued the poster-making.

But Obama was pretty much a public image and continues to be. So that makes it different to paying to have your picture taken, you own the photo.

But what does that mean? Do you own the negatives, or file?

Can't they claim that they are displaying their work?

But I think, to be right, they would need permission.

Don't hold back Mooch. Tell us how you really feel.

This is a case of copyright infringement on a very small scale. If your son wants them to take it down, they should do so at once, or if he wants them to keep it up and credit him or otherwise use it to his benefit that might be a good choice. But getting any damages that would cover the cost and trouble of filing a suit is very very unlikely. And since the copyright is not registered, he would probably have to pay his own legal costs even if he won. He would have to show that their copy of his photo cost him sales of the same photo somehow, or at the very least that the display was of a certain value that they should have paid him. The problem with a civil copyright action is that unless the infringement creates a serious value for the unauthorized copy, your rights have no monetary value.

If you are saying he had a poster made of it there, then it seems likely that they made this copy in error, and decided to salvage the cost of their mistake by using it for making themselves look good. It is extraordinarily unlikely that he either implicitly or explicitly gave them permission to use his work just by having it developed there. Not an ethical decision in any event, and pretty damn stupid if they thought a customer would not notice.

Stealing prints of other peoples photos is a long time photo developer scandal.

Some developers even allow themselves to do it within the terms of their service contract that is implied when you request service from them.

If it bothers him... he should pursue looking at the service policy and asking for satisfaction within the confines of the circumstance.

A more promising solution would be to request that a very large credit be added to the display... and then he should ostentatiously brag about the fact that his work was on display in such a public space.

best regards,
mike

Thanks for all your thoughts, guys.  FWIW, both my sons are professional photographers, but don't have enough business yet to be able to quit their other jobs.  Hopefully within a couple years they'll be able to realize that dream. 

Concerning this incident, basically I don't agree with what seems like Americans' propensity to sue for every little thing, so I hope he doesn't go that route.  On the other hand, I don't think what the store did was right. I'm hoping they can settle it in a gentlemanly-like manner and my son come out with something for it at least.  I'm pretty sure he and his brother will think of some cool advertisement to display there prominently at least. 

Not that I wouldn't like to see my son get a few K or even a few million from it.  lol

Pedro, he has a picture of the poster on his iPhone.  No negatives these days with their digital cameras, but he has the original on his computer:-)

Yeah... if they won't cough up some monetary compensation (and I'm sure they won't... which is why they are using the "free" images of their customers), make them slap a "Photography by Janet's Son, phone (xxx)xxx-xxxx" sign on it.  If your son would like to start a photography business, this might be a good spark to blow on...

I'd be concerned with where the photo came from.  .
I'm reading all sorts of stuff about Facebook owning the rights to any photo uploaded to their site, for example.  If they turnaround and sell them to a photo database (similar to groovemonkey for loops), you could buy bulk photos for cheap and be perfectly licensed to use them.

Slugbaby...that IS sorta eery about FB, isn't it?

It's important to keep in mind that the nature of the infringement is awfully close to fair use.

They obviously got the file off the disk... they take every file they print off the disk or stick or card and throw it on their hard drive. Then they RIP it for printing.

If they are simply using the photo as a display or example of the prints that they make... an argument is going to get ugly before it gets sensible. Cease and desist may be the outcome. If the presence of the photo is really bothersome a request for cease and desist is appropriate. If there is some refusal to comply... now you have a clear reason to seek recourse.

I know lots of professional photographers and work as one myself on occasions.

I do not think the idea of going to the news and becoming known as that guy who sued Staples is going to enhance a reputation amongst future clients.

I think getting some bragging rights and some free printing is the best option.

I would feel differently if the photo was used as and advertisement for, let's say, the weekend big screen TV sale. Even then... if I sought legal recourse I would keep it as discrete and low key as possible. Becoming "that guy" who sued will only impress the little people... the folks with budgets to hire photographers are not going to be impressed.

If you want to work in the field... you are best served being known as a solution rather than a potential problem.

Just the personal opinion of someone who has been out their working with clients for a long time.

best regards,
mike

mike_mccue


If you want to work in the field... you are best served being known as a solution rather than a potential problem.

Wise words in any situation.

Hi,

I know that what I said was ... strong.

Sadly, in this day and age, there is too much of a license for folks that "have it" to do a lot of things that they should not do, and the others suffer.

I agree that sometimes you have to be a part of the solution, not the problem ... but you really want to be here stating that when you have been ripped off?

The law is clear on copyrights, and for a manager in a store to allow this to happen, is extremelly inappropriate ... and that is like saying that this specific manager has no idea what his employees do ... and he doesn't care?

That's irresponsible.

I would write a nice letter and walk to the store manager. If he fails, you go immediately to the City Attorney ... you may be a black sheep but the law is on your side. And when it comes to business, the law is on your side, unless you do not believe in the law ... and your chances of making a business of things, is going to be a lot more difficult.

So, it is ok for the Staples to make the money off your work and art ... but it is not ok for you to even get your name or recognition about it? ...

That is an abuse of the priviledge, and no one here that creates music would be happy about that either!

I didn't say you had to pick up ten warships and do a commando on Staples, but I think I would make a big sign and say "Staples rips off your work ... and my picture" ... and park in front of the store and let them call the police ... guess who's going to be in trouble? ... Them! And the manager of that store will probably lose his job for not taking care of the situation on the spot and allow it to get any further!

You have to stand up for your work ... because if you don't, the chances that you're going to "make it" is simply not going to happen ... on top of everyone expecting freebies!

Now, if that Staples had any class whatsoever, the manager would call you immediately give you a couple of gift certificates and have the picture updated with your name on it! .... and now you would be on your way to being a professional instead of waiting longer.
 
There is almost no one out there ... that has much respect for people that rip off people ... and even the store itself could be at risk and lose business because of it! That would be more than a million dollar loss on the spot ... so if they want to risk it ... please, go ahead!
 
There is another outlet ... the ACLU ... and I'm not sure that Staples or any big company wants to deal with national agencies ... that is a very dangerous road!

Sue their asses! WHAT!?