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

[Nobie]

What do you do?

I had posted an image on a message board, next thing I know my photo is used in a publication without my permission...and they never contacted me which would have be very easy to do. It would have been like them taking a photo of mine that I posted here, they could have IM'd or PM'd or emailed me via the message board they stole it from.

What should I do?

[candleman]

was it a forum or was there some sort of "sign up" ?

if so they might have hidden in their T&C that they can use anything posted... possibly

[PowerPix]

Or maybe someone found it and posted it somewhere else "Hey, look at this cool photo I found..." and it somehow ended up down the line???

[Nobie]

My image was hosted on my personal photography site, linked to from a message board. The magazine used my image in their publication. They are a 300+ page, perfect bound, 4 color throughout magazine with 50,000 print and 30,000 digital editions monthly. Round one was today with a round two scheduled tomorrow by them.

[Jim Bryant]

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

[Photoboothguy]

What magazine was it? Might be a good idea for others to check it out for more violations.

[jrgarcia619]

Do you post your images at a high resolution? If so you are just asking for someone to use them. I always post mine at lower resolutions so that people don't have the opportunity to use them. However it's still possible for people to take your images even if you use a lower resolution. You really need to look over the agreement that you agree to when you sign up for message boards. There may be a clause in there that protects the company in this situation. I'd first try to contact the magazine editor and tell them your situation, it could have been a mistake. If all else fails you might want to look into finding a lawyer. If this is a copyright infringement like you say, you'll need someone to help to navigate through the process. It gets very complicated....

[Nobie]

I only post 72 dpi shots, but they were able to scale it down to a printable quality and still get a size they could use in the mag. The image ended up being roughly a 1/6th-1/4th page, so although they would have not been able to get a solid 300 dpi, they obviously got within printing standards...likely around 200.

I emailed them once, they have called me at home 6 times in two days including last night around 9:30pm. The caller is continuing up the exec ladder and I keep turning down their insulting offers. After each conversation I feel patronized, and they assume I have no clue to how the magazine/advertising business works, that is until I "prove" myself by not just explaining my day job, but dropping lingo that only somebody that actually DOES do my job would know. Both times I "proved" myself, their condescending attitude shifts quickly and they get more serious.

I came up with a fair offer last night after I hung up with them, and will share my expectation during the next call. I'm not wearing a neck brace and crying whiplash, I'm not out for free money, I don't expect the brass ring...I am being completely reasonable and fair. I have not told them what I want, only that I find their offers unacceptable and insulting. You would too if I told you what they were.

We'll see what happens.

[Jim Poor]

You would too if I told you what they were.

Then stop hinting around and give details. Nothing to be lost if what you are saying is true and I have no reason to believe otherwise. However, all this vague hinting about, does no good for anyone who may come along and read this thread later. This is, after all, Digital Photography School.

The name of the magazine would be a good start.

[Nobie]

Originally Posted by Jim Poor

Then stop hinting around and give details. Nothing to be lost if what you are saying is true and I have no reason to believe otherwise. However, all this vague hinting about, does no good for anyone who may come along and read this thread later. This is, after all, Digital Photography School.

The name of the magazine would be a good start.

I am vague and hesitant only because it is ongoing, there is a very real chance they could even see this thread. I will disclose everything once an agreement has been made. I just don't want to shoot myself in the foot so to say. Please understand my situation, I do not know if I have already said too much. I want to share my experience so that others may learn, but since this is all new to me I am not sure what I should and should not say at this point.