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Thread: Advise needed-photo used without permission

  1. #21
    vince123123
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    Default Re: Advise needed-photo used without permission

    Dream Merchant was right - I would have advised the same thing. Go and document the infringing use of your works in the shop. Evidence gathering is the most important leverage you will have later on.

    Once that is settled, my suggestion for this sort of situation is for you to tell him that yes, you can negotiate payment, but so long as both has not agreed on anything, use of the work remains infringing. "Advise" him to take it down until settlement is concluded - this will give him a time pressure not to drag negotiations.

    Also, there is nothing wrong with identifying his shop here on the forum. In fact, that is another leverage you can use - inform him that if he can't settle within X days, you will be posting the identity of his shop on internet forums.

    All of these is subject to you being able to prove what you narrated in this thread - after all, when you identify a person, you should be sure you don't end up being sued for defamation

    Hope this helps. Let us know what happens next.

    Quote Originally Posted by Dream Merchant View Post

    At any rate, act like a professional and gather evidence FIRST and without delay. If the shop display is facing a road/accessible without security issues, I would pronto go down tomorrow morning before the shop opens and shoot thriough the glass.

    Do not communicate with him at any cost, till you get the evidence.

    Once that is settled, start negotiations.

    If you want to be compensated, consider asking a friend or someone else to handle all communications/negotiations. This will detach you from the situation, and also from getting worked up/angry/respond in anger and say things that might damage your case.

    I guess someone like Vince123123 would be able to share with you with regards what your options might be.

    Again, I'm really sorry to hear about what happened to you, and I sincerely hope that you get the resolve you seek, both work wise as well as where the relationship is concerned.

  2. #22

    Default Re: Advise needed-photo used without permission

    you should take a photo of his shop , using your photo ASAP.

    since he is using a low resolution pix, you will have more credibilty in a court case.
    In court case, not only evidence is necessary, money is also a key factor.

  3. #23
    Member Adiemus's Avatar
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    Default Re: Advise needed-photo used without permission

    Indeed, getting evidence of the infringement is your best bet. Go shoot it! PRONTO!!

  4. #24
    Moderator ortega's Avatar
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    Default Re: Advise needed-photo used without permission

    since you are no longer friends, why be shy
    just ask for money and try to sell him the original hi res file for more money

    maybe try to sell him a print as well

  5. #25

    Default Re: Advise needed-photo used without permission

    Sorry to hear what is happening. I truly understand as I have betrayed by a friend before over money.

    Anyway, I agree with all that get as much evidence as possible on the he is using the pic in his shop. If can take from all angles and distance even better. Comprehensive better than not enuf later.

    I also see that you have been communicating by sms and phone etc. Keep the smses and also, maybe you should summarise the conversation and send him an email of the conversation and agreement everytime you both converse. whether it is thru smsor phone.

    Just my thoughts

    Anyway, such "friend" is not worth it if he really "stole" your pic. Dont know when he will strike again in future..

    Control, control, control and move on with you life. YOur life and time is definitely more precious.

    Good luck

  6. #26

    Default Re: Advise needed-photo used without permission

    Quote Originally Posted by Golgotha View Post
    thanks for the advice

    his latest reply is he will do what i ask him, he's sorry about it as he's very busy and it slipped his mind. My reply to him was either pay me or take it down. He say will discuss with me on payment when he's back in town.
    erm.. just a suggestion for you to consider and if you have not already done this... drop him an email and a registered letter to his shop referring to the correspondences that that he had with you that you had not agreed to the use of the photos by him and indicating that he has also acknowledged that he had not obtained your permission prior to using it... and then say that u require him to remove the photo immediately pending further discussion on the price that he has to pay u for the use of the photos and that he has no right whatsoever to use the photo prior to his payment to u.... and that if he does not remove the photo and continue to use the photo without your written permission, you will be considering legal actions without any further reference to him...

  7. #27

    Default Re: Advise needed-photo used without permission

    This is sad man. If friends can do this to each other then what will clients do? Not right man. Besides he owns a business is obviously able to pay for it...

    Not cool.

  8. #28
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    Default Re: Advise needed-photo used without permission

    All good advise as given above. Something which is not mentioned so far, even if he takes down the photo and negotiation fails and he distory the photo, he still have to pay you for putting up the photo in the first place. That in itself is already infringement.

    Simple rule of thump
    Record the offence ( take photos, keep sms, emails, msn etc )
    Nego for payment of service
    If Nego fail
    Nego for payment for infringement of copy rights
    I get paid more shooting part time ...... damn, I should find more time to shoot part time

  9. #29
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    Default Re: Advise needed-photo used without permission

    Quote Originally Posted by Golgotha View Post
    Dear guys,

    need advise on the following, here's the story.

    1)Fren who owns 2 boutiques in Orchard asked that I take some photos for him which will be used in 1 of his boutique. Photos of half eaten rotten apples, his brand logo etc.
    2)Sent him sample for his perusal, after a few rounds of email exchanges, he said that the pics are not up to his standard and he won't be paying me cos he's not going to use them.
    3) Walked pass his boutique today and saw my photo framed and hanged in it.
    4)Called him, but refused to pick up.

    Now what should I do?

    I don't mind him not paying for the photos after all we go back quite some time, but he didn't have the courtesy to inform me at all. I'm feeling angry & betrayed as well.
    i fully sympathy wiht you about your case, there are a lot of ******* in life like to make use of photographer to achieve their commercial objective, and without paying well to photographer.

    personally i did encountered this type of ppl, VILLAIN enough! make use of photographer, and after that turn another face and doesnt acknowledge you at all!

    I suggest you can try ask the civil court for the demand in claim, and also try to provide your raw file as the proves the picture was taken by you. apply a court order that can help you to demand for damages done to you, including $$$, that will help you ease your hurt.

    at this point, forget about friendships...as photographer, you need to take back your pride and let the villain pay for the damages done to you.

    kim
    KIM & PPY
    Black Camp F100,D90, AFD 35mm f2.0, Voigtlander Cosina 58mm Nokton Classic F1.4.

  10. #30
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    Default Re: Advise needed-photo used without permission

    U know this old saying? "Never do business with a relative or friend"......
    when money differences comes between them, u hesitate to take action to enforce rights....becoz u dun want to lose the friendship or kinship....

    as for the relative or friend who u do business with and has no remorse? he prb didn't think u r a relative or friend....

    What a world.....
    G

  11. #31

    Default Re: Advise needed-photo used without permission

    ya hor, how's the case here?
    Eat breath LIVERPOOL!!!

  12. #32

    Default Re: Advise needed-photo used without permission

    u should take $ from him
    else other photographers could have earn his $

  13. #33

    Default Re: Advise needed-photo used without permission

    It's sad to hear that a friend betrayed you because of some low resolution photos. However, perhaps you can be more forgiving and find out the reasons behind his actions before making any final verdicts. Stay in contact with him for a while and see if he's genuine about this friendship.

    If he really is a B@$T@RD, then you should just distance yourself away from him. I believe that the photos you took for him shouldn't be that commercially valuable since he found it to be not up to standard (I may be wrong la). Hence, you do not have to really pursue after this matter if it involves an extremely small sum of money.

    Finally, try not to spoil the relationship that badly to the extent that you two become enemies. You may need this "strained" relationship in the future if you are in need of help. You never know.

  14. #34

    Default Re: Advise needed-photo used without permission

    Perhaps your friend really made an honest mistake, so it'd be a good choice not to ponder too much into this.

    It happened to me once before. Friend arranged for me to shoot their partner's product. I gave my friend's the PSed copies, he showed the partner, friend said partner preferred to shoot on their own.

    Months later, I was browsing in shop. Then saw a familiar product, turned packaging and found my picture there. I took snapshots with my cam-phone and smsed my friend, and said I would email their partner for clarification. Friend said he forgot to tell me that the partner took the pictures he showed them. Then he paid me for it.

    Though I would have charged their partner 3x as much, but well, I rest my case, and continue to be friends.

  15. #35

    Default Re: Advise needed-photo used without permission

    Quote Originally Posted by sircheezeball View Post
    It's sad to hear that a friend betrayed you because of some low resolution photos. However, perhaps you can be more forgiving and find out the reasons behind his actions before making any final verdicts. Stay in contact with him for a while and see if he's genuine about this friendship.

    If he really is a B@$T@RD, then you should just distance yourself away from him. I believe that the photos you took for him shouldn't be that commercially valuable since he found it to be not up to standard (I may be wrong la). Hence, you do not have to really pursue after this matter if it involves an extremely small sum of money.

    Finally, try not to spoil the relationship that badly to the extent that you two become enemies. You may need this "strained" relationship in the future if you are in need of help. You never know.
    If this fried comes into your house, for whatever reason, took an item that does not belongs to him, and not informing you about it, would you have been so kind after you discovered the THEFT?
    deadpoet
    my portfolio

  16. #36
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    Default Re: Advise needed-photo used without permission

    Thanks everyone for the advise.
    Matter is resolved as far as I'm concerned. An amount of $ is agreed on and going forward, I will supply him some pictures BUT with written agreements and agreed price. So now it's more a biz relationship then friendship.

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