So you open a magazine at Borders and see one of YOUR photos inside w/o permission...

[CanonRebelz]

Originally Posted by Jim Bryant

Send them a bill for about $500.00 for usage. Normally it's about $1500.00 for copyright violations.

If they won't agree and pay up, get a lawyer and SHOW them your serious.
Hope you get it sorted out.

[katia]

Originally Posted by OsmosisStudios

I can see how, in this case, it could be considered an offer for use. "I've got pictures if you need them" could very well mean a green light.

from Darkman's post, it sounds like they had already helped themselves to the images before he had even informed them he had them.

[Darkman]

Originally Posted by OsmosisStudios

I can see how, in this case, it could be considered an offer for use. "I've got pictures if you need them" could very well mean a green light.

no it can't. I offered, and two days later I saw my photos in print already in the stores. they had used them BEFORE I offered.

[teavenson]

Let this be a lesson to register your photo's with the US Copyright Office. It can be done on line and is inexpensive. $35 for one session and as many as you can upload one to any number for that price. I usually do it twice a year. Then when this situation happens you go to an Intellectual Property Attorney who will handle your case. Suggest you talk to one now as it is not too late to register even after the photo is published.

Tom

[Jatala]

I think tha you are handling this situation well in not disclosing the details of your dealings. I am looking forward to how this turns out for you. I hate to see this sort of thing happen.

[OsmosisStudios]

Originally Posted by teavenson

Let this be a lesson to register your photo's with the US Copyright Office.

You don't NEED to register with the copyright office as copyright is established when the photo is taken. It does, however, make it easier and more profitable if someone does infringe upon your rights. I stress the IF, however.

That being said, as well, the UNITED STATES copyright office is kinda useless if the case is in any other country but the US, and doubly so when both parties are outside the US

[ryder]

Registering with the US Copyright office is not needed UNLESS you take them to court. Copyright attaches the moment you make your image real, so it is advisable to print in some form before publishing on the internet. I often make inexpensive 4x6 prints of my images and file them. Then IF someone tries to use your image without permission, you get a lawyer, file for the copyright with the US Copyright Office using your 4x6 print, AND then file the lawsuit!!!! Then your lawyer should initiate contact with the abuser. Contacting the abuser prior to consulting a lawyer is not advisable.

[ryder]

The reason to "make the photo real" is that copyright law is very weak as relates to digital media. In a course that I took at University of Missouri - Rolla called Copyright Law for Computer Scientists, they advised us to do a text printout of all of our software code to be sure that there was no question between a digital item and a "real" item. The simple act of making a print out of the code made sure that the copyright attached at a fairly low cost. The same could be true with your images if you prefer to print on your printer at home instead of getting 4x6s printed on photo paper. I prefer the later as I use these to help me organize and find my digital copies sometimes.

[shutterprincess]

I wish I were that good...
No I don't want to be screwed over, but I'd be honored in a way. This will never happen to the "average" person.