Here's the story - In October of '04 I submitted several photos for a contest. None of my photos made it and I was disappointed. Fine, I got over it. HOWEVER, 6 months later I see TWO of those very photos on their promotional brochure. (There was no disclosure in the contest rules as to the possession of those photos once sent. The only thing written was that the photos would not be sent back.) I did not give consent, get compensation or even credit on the brochure that they are using for their own profit. They stole my photos! What would you do? Thanks so much for your advice. After I resolve this, I will upload photos in question. Jodie

i would simply demand they be removed!!... any more & you may need the expertise of the good people in the copyright forum

I can't remove them. The brochures have been printed, probably by the thousands, and sent out already. I would not have known about this theft except that a friend of mine received his brochure in the mail & recognized MY photos.

Attached Link: copyright forum

Message edited on: 08/04/2005 14:35

Oh my! I can't believe this!! Sue them yes indeed!!! What a bunch of thieves!!

If you are sure that they did not have anything in the entry form that released your photos over to them to use for promotional purposes, then by all means seek legal action. You have very good grounds to make those sneakys bastards pay you for their misuse of your creative work.

There was no entry form, only an address posted on the website. This is where it gets muddy. Wish me luck and hope that it won't JUST be a learning experience. I start making phone calls tomorrow...the lines will be burning!

OMG... that is a real bad thing, Jodie! Well, I could understand it if your images had been chosen to win the contest but in this case here it's just a robbery! Make those bastards pay for that! Good luck, dear! Hugz, Moni

I would go directly for the Jugular Vein and Protest with Direct Action at the Company responsible....and ...look to have Compensation. Also....this is very....unethical...and such a Company should be exposed. If You were in New Zealand, I would Introduce You to My Attorney....Chapman Tripp Sheffield Young.....and those are just His First Names!!!...and, I too would act on Your behalf...then that Company would know what it is like to deal with a Vexatious Litigator....such as I! Already....I see Pain and Suffering and Humiliation coming into this....without mentioning Theft! Appalling!!!! Go get 'em Jodie!!! Grrrrrrrrrrrrrh!!!! salute

Jodie, i'd be so mad and i'd sue their pants off!!! Good luck tomorrow and burn those lines!!!!! that is just sooooo unfair what they did to you!

Wow, that really a shame, Jodie!!! I have often thought of this happening; and what to do?? I'm sure you will talk to the right people and find out what can be done.. Good luck -- I will be thinking about you ... HUGS!

Will you please keep us informed.....Sorry about it.

IF the website is still around, you should check if there is any kind of legal disclaimer anywhere! You know... the small print stuff! Make sure you get as much info for backup and to USE as ammo so you are prepared to fight'em!

OMG!! I can't even believe someone would do something as sleazy as that!! I would so definitely sue!! Good luck!

Interestingly enough, THIS Year's website has the sentence saying anything submitted is automatically their property. But last year's site...didn't say that! This is where I think my loophole is because I printed last year's rules and kept that copy. HA.

Yes, you need a lawyer! This is a real bad thing. I hate if people do that. In the past somebody published my poetry as hers, without permission. I started a process against her, and warn the provider where she post my work, and I won. Because I had enough evidence to prove it was my work. Good luck with all, it is not easy, but it is your right !! Ilona

I think this is copyright theft of the worst kind!! They are clearly in breach of copyright, and if you cant get compensated for that there is no point in having such laws!! Sue em!!

I feel your pain (in my best Clinton voice). It's the reason I never enter contests. Most places who run a contest are doing it for some kind of benefit. Otherwise, why would they go through all the trouble? While you have printed the rules and entry info from their site from last year, and it says nothing about the images becoming the property of the site owners, I suspect you will still have a problem proving it didn't say it somewhere on some other obscure screen buried in their site. Best you might be able to do is nag and threaten them to death and get them to send a few dollars your way. Good luck (but don't let it eat you up)!

Attached Link: http://www.photoethnography.com/blog/archives/2005/05/scams_avoiding.html

Did you have to pay any kind of fee to submit your photos?!?!

What's the site?!?! I'd like to check it out for myself!

Message edited on: 08/05/2005 07:29

Thanks for the link Joe! Odie, please post the link to these theives here so that all of us can have a look PLEASE? Do yourself a favor and talk to a lawyer that deals with this kind of thing. I am sorry that this has happened to you. ************************************************** I am including some copyright information for those of you located in the United States, if you have not registered your images you really need to do so. First of all the copyright on any given image is yours (or that of your heirs) from the time you click the shutter on your camera, regardless whether you register it or not, for your lifetime plus seventy years. In order to prosecute those that steal your images, any unpublished works must be registered before the infringement takes place, and published images must be registered witin three months of the first date of publication or before the infringement began. "The process of registering your work is simple. Contact the Register of Copyrights, Library of Congress, Washington DC 20559, (202) 707-9100, and ask for form VA (works of visual art). Registration costs $30, but you can register photographs in large quantities for that fee. For bulk registration, your images must be organized under one title, for example, "The works of Brenda Guiles, Photographer 1985-2005" Another way to protect your copyright is to mark each image with a copyright notice . This informs everyone viewing your work that you own the copyright. This helps in a court of law where the infringer may try to claim "innocent infringement" the I didn't know defense. This information I am sure will vary from country to country. Best of luck to you all and Happy Shooting! Brenda Guiles

Since this is a legal issus, first of all I am taking a deep breath so that I can approach whomever with a calm and mature attitude. That is why you've heard nothing from me. I have been gathering AMMO!!...calmly. As soon as I know anything, you will be the first to know. I have contacted several local photographers that are also friends and am in the process of weeding through a few attorneys, thank God they are also friends. And that takes time. I won't be able to do anything until Monday, when they are all back at work. I SO MUCH appreciate all the opinions and you are all very supportive. Thank you, thank you very much Brenda for typing out the copyright info. I have copied and pasted it to a Word document. I will post both the photo they used and everything else about them as soon as I can. Thanks for your patience. Soon I will sleep better. Appeciate you all, HUGZ! Jodie

SUE THEM!!!!!!!!!!!!!! They have to pay you..for using your pictures!!!!!!! Such bandidts!!! But perhaps U should contact a photomagazine..who can help...or.. the photographers union .....rent a lawyer can be pretty expensive! BUT THOSE BASTARDS WHO STOLE YOUR PICTURES...has to give U compensation!!!!!!!! I wish U luck and justice!!!! Hugz, Modesty

Oh..I forgot... I havnt been in the same situation as U, but This spring a magazine whanted to buy a picture and publish...so they sendt me an order via mejl...and I sendt the pic in full resolution.... Tre weeks later they had changed their mind..and they didnt send back the picture....I asked around..what to do...and I have a couple of proffessional photographers as friends...so the told me to send over a "faktura" = bill for them to pay..they got 1 month to pay...otherwise I should send it to "inkasso" = dept-collecting agency... I also took contact with the bureau for photografy-archive..(so I got an idea how much fee I deserved) Im my case 1500 SKR aprox 166 dollars....depends alittle how meny ex they should print. The magazine chosed to pay :) Perhaps U can do the same ? Send them a bill..166 dollars for each picture they have stolen (dont know the fee in your country, check it up!)...and if they dont pay!!! GIVE THEM HELL!!!!! Puss & Kram, Modesty

Hi everyone, First of all THANKS so much for your support and encouragement! It has been such a boost to me and really lit the fire I needed. I have a friend that is an attorney so I have someone to write a letter for me. From what I gathered, the letter will list my grievances (is their enough paper?!?) and give them an idea of what they owe me for the use of my photos. I will keep you updated. In the meantime...I have uploaded one of the two photos the nabbed in my gallery. The other will be uploaded tomorrow. Let's see if I can successfully paste the link here somehow. LOL! (it doesn't look like it's copying in the ULR area....so I'll also just paste it below - sorry!) If it doesn't show up where it's suppose to...would someone help again? Then you will see who is responsible for my lack of sleep. Luv you all for listening to me vent and for all the info (Thanks Brenda!) too. Jodie :0) http://www.renderosity.com/viewed.ez?galleryid=1019839&Start=1&Sectionid=8&filter_genre_id=0&WhatsNew=Yes

Link to Jodys upload :) Court Jester Juggler hope it works!! Gooood Luck Jody, Hugz!!

AWww.....thanks Modesty. Someday I will figure out what I am doing wrong. But for now I offer thanks and HUGZ... Jodie :0)

where you post a reply or post a new thread you should see a spot below that says "URL: http://" add your link there: http://www.renderosity.com/viewed.ez?galleryid=1019839 (really only need up to the image number) & be sure you don't have 2 "http://" since it's already provided for you the "caption:" above that can be used for the title i.e. "Court Jester Juggler" glad to hear you got your lawyer friend on the case! :]