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Stolen image


BillWilliams

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Interesting question and an interesting find. The first thing is to take it as a compliment, albeit a back-handed one.

As a long-time pro photographer, I have had images stolen (as previously recounted on the forum, one time ROUNDEL took a pic of mine from a photo shoot I did for AUTOWEEK and published it in the early '90s - the photo was of an '02 at a Jamaican road rally. When I contacted ROUNDEL they apologized and said they had no budget for paid photos. Never did get a copy of the magazine).

Anyhow, if the web site is not based in the USA you are out of luck. If it is an American company with a bona fide address etc. and the image is a faithful reproduction of your photo, you can get a court order - assuming you take the time to prove the image is yours - and have the company stop marketing it. Or you can sue for royalties, again assuming you establish provenence.

In other words, a substantial amount of time/money for something that may not be actually worthwhile. Regardless, you would need a lawyer to sort out the options unless you have a talent for representing yourself in obscure courtrooms.

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Pulling out my artist cap here from doing illustrations .....

 

From a theoretical sense you'd have a case.  To implement it, especially if it's international, would not be practical. 

 

 

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My opinion is to figure out what you want ....

 

Financial compensation for copyright violation: (not going to happen without investing much more than any potential settlement.  Then add the whole international aspect.)

 

-----With that option out, it really depends on how amiable the artist is and how you approach it (start off with a bunch of threats is not a recipe for success).

 

A cut of the selling price of each print:  Not very likely to happen.

 

To stop commercially profiting from the print:  Possible.

 

To get a print (and maybe an extra or two):  Very possible.

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I think Ace has the answer. Politely ask them for a few copies of the artwork that your photograph modeled for. Then, if they don't happily agree, tell them you might have to sic your pitbull lawyer on them. It's a cool piece of art, especially since its your car and your photo.

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I think Ace has the answer. Politely ask them for a few copies of the artwork that your photograph modeled for. Then, if they don't happily agree, tell them you might have to sic your pitbull lawyer on them. It's a cool piece of art, especially since its your car and your photo.

 

meh

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It looks like it's an original painting based on a photograph, which is likely a whole other matter.

 

Not a whole other matter at all.

 

Years ago, a similar situation (but with much higher $takes) involved my photographer friend Art Rogers up in Pt. Reyes, CA. And he won. 

 

http://en.wikipedia.org/wiki/Rogers_v._Koons

 

That said, agree with HBChris:

 

Send them a cease and desist letter explaining that it is a derivative work of your original photo to which you have the copyright.


BTW, this company selling the prints is headquartered in Santa Monica, CA...

post-41346-0-40690900-1417579685_thumb.j

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I've had copyrighted material stolen when I was working as a Creative Director for a Stamford CT entertainment company. The corporate lawyers sent a cease and desist letter. Someone had hacked or somehow gotten our files and were making their own DVDs and packaging and selling them on ebay, so it was a serious copyright infringement.

 

Hope you get some free posters or other satisfaction.

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This:

"Send them a cease and desist letter explaining that it is a derivative work of your original photo to which you have the copyright."

Works most of the time in my experience.

www.BrianAch.com

US copyright law provides for huge penalties for cases like this, and it's just like the speed limit: ignorance is not a defense.

Send a cease and desist letter along with an explanation that you are entitled to over $100,000 per image, but that you'll settle for $1000.

At least the image will be taken down.

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