Did I handle this right???

[peetyvulture]

Ok so I did a day of shooting a band. Got paid but made sure that the only rights they had for use were online use that they posted, eg. unable to be posted by third parties. The drummer was a friend so I agreed to them being un-watermarked.

Anyway so this girl in America, I'm from Australia, posted an article on her blog about the band as an "Up and Coming Artists" feature. And she used my images! Uncredited and unauthorised. It wouldn't have been that hard to contact me and ask if she could use them since my blog was linked on the Facebook album. I would have given a few of them to her. But not the 15 she used! I may have even done it for free. As I mentioned earlier the images were un-watermarked but I don't think watermarking would have affected the situation as she cropped my images anyway.

I was wondering whether you would mind reading my email to her and telling me if I dealt with the situation correctly:

Hey (name Removed)

My name is Peet Fulcher. I am a concert photographer from Brisbane. I recently spent the day with Grape Soda taking pictures at three gigs and a Band shot session in between.

You used some of my images for your article. I just have one request, Could you credit them please? I don't really mind that you have them, although I would have preferred that you that had asked. I am also not sure about what the band has agreed with you, as in I'm not sure whether they gave you the permission or not. The agreement between the band and I was that the pictures could only be posted by them on the web. So I would just really appreciate it if you credited them.

Also on a side note it may be hard for you to credit them properly because you have cropped and mixed my images with a photo taken by someone else, it's the left hand photo on the montage of Ryan, the other two are mine. So this will be difficult for you to do but I really would like my images credited, as I still have all the rights to them.

Also I have noticed that you have cropped the images of mine that you used. This is probably what I am most annoyed about. I dedicate almost all of my time shooting to compose my images the way I would like them composed and I really do not want my work being displayed in ways that I did not intend.

I am sort of confused why you, who has an interest (possibly a business) in photography based on the disclaimer (your halfway there already), would lift another photographers work from a website and use it un-authorized (this would have been easy to do since my blog was linked in the album) and un-credited. I would have thought you would have been empathetic towards other photographers.

I hope I didn't sound to harsh. I was more informing you that I do not appreciate my images being used without permission or even credit. I would also like you to know that if you lift images form a bigger photographers website etc. you could land yourself in a heap of legal trouble.

It would be greatly appreciated if you were to credit and un-crop my images. I am not asking for payment for use because this is the first incident, however if this continues, or if you ignore this, then I will have to take further action. Think of this more as a warning.

Regards
Peet Fulcher

PS. All the daylight images on your blog are mine. just to clarify.

Thanks
Peet

[ajax_andy]

Tbh I wouldn't give her permission to use them, she hasn't asked and has clearly used them regardless.

I think you are being to soft in all honesty.

If someone used my images without permission I'd insist they removed them immediately or I would take further action. However should she be willing to offer compensation for their use then would let her use them.

I think you should protect your work and not be seen as a soft touch personally.

[Brian Mullins]

At best I would of sent her watermarked images with a 5 day window to replace all of the uncredited photos AND provide a link back to my site as a reference in the article.

At worst, I would of demanded she remove them and ask for compensation. If she declined, I would issue a DMCA takedown notice.

Depends on how professional the blog was, how blatant it was (sounds pretty blatant) and in how bad of a mood I was would be the deciding factors on my decision. FWIW - You shouldn;t apologize for sounding harsh - she stole something of yours. Would you be as apologetic if someone stole your bike?

[andyw]

You were way way too nice.

My mail would have been a darn site more forceful.

[funcrunch]

Your suggested response is way too long ("tl;dr" in the latest Internet vernacular). I'd cut it down to a paragraph or two saying that you are flattered that they like your photos, but they are not authorized to use them and need to take them down. Period.

[peetyvulture]

Thanks everyone for your responses. It was a quite an amateur blog. Not making any money or anything. I appreciate you telling me I was soft. She replied and immeadiately offered to take them down and then apologise to the band (who she told about the blog) and I think this is a really important band that I shouldn't offend (career wise) so I didn't want to be seen as lowering exposure for them. But next time it happens I will be much more forceful.

Thank you all.

[kcoppock]

Personally (and this is just me -- I'm a bit of a softie myself) I'd probably email first and just explain politely that they were mine, and that the license requires attribution. I imagine a large majority of the time it's a simple misunderstanding, and they'd be happy to comply. If they refuse, then you can unleash legal hell on them.

[zephod]

Way to nice IMHO.... I would also look at that letter. You started off on a casual v. professional tone and went downhill from there. Just my opinion but if you want to be taken as a professional then treat ALL of your dealings as if you are a pro. That means if you are going to protect YOUR IP then you don't say most of what you said. Short, succinct sentences directing what she WILL do no what you would like. That doesn't mean be an ass it just means be pro.

just my .02

D

[Pinellas Guy]

Your e-mail was way too long and too nice. Like the other reply said your tone changed throughout the e-mail. I'm a paralegal in the day and write legal correspondence and even a few demand letters for my supervising attorney. He would laugh at me and I wouldn't have a job after that.

You need to be succinct in writings such as these. Photographers have rights and we all need to assert them when they are violated. I'm not saying we should all sue each other, but a clear and concise letter demanding the take down is needed, but never apologize for your actions within the demand letter.

I do like the part where you called her out on what she did as a fellow photographer. Makes the infringement more heinous.

[lonni]

Just a side note, i dont think you worded your letter to well. It is a little all over the place and i have to think hard about what you are actually saying and want, also you seem to follow everything bad with something good. Sorry if that sounded harsh, but it was painful to read.