Hi all,

I did a photo a few years ago which I have been able to sell in a couple of instances. Here it is on my home page and on NASA:

http://www.dalsgaard.eu/Pantheon/
http://apod.nasa.gov/apod/ap070420.html

Recently I found out that an architecture firm in the United States has stolen the photo:

http://www.hallpartnersplc.com/Home.html

It is pretty obviously my photo, because they didn't even bother to change the name of the picture on their web page.

I wrote an email to the firm:

"Date: Tue, 16 Nov 2010 14:27:26 +0100

Hello,
I have noticed you are using my photo "Pantheon - Earth and Moon" on
your web page: http://www.hallpartnersplc.com/Home.html
I would ask you to desist from using it. Alternatively, you can use it
for a fee of 100 USD and credit me on your page.
Yours,"

To which I received the following reply:

"Date: Tue, 16 Nov 2010 11:28:10 -0500
what do you prefer?"

I wrote:

"Date: Tue, 16 Nov 2010 18:22:20 +0100
Hello,
I would prefer that you transfer 100 USD to my bank account, see details
below. In case you use the photo, you should add, in small text somewhere
near the photo "Photo by Soeren Dalsgaard".
Thanks,"

To which I got this reply:

"Date: Tue, 16 Nov 2010 16:18:33 -0500
no problem"

A month later, no transfer, so I wrote:

"Date: Fri, 17 Dec 2010 12:45:54 +0100
Hello,
You haven't yet transferred the 100 USD that we agreed on, for the use of my
photo. Could you please make the transfer as soon as possible.
Yours,"

Now, two months later, still no reply....

The email carries the name of:

http://www.hallpartnersplc.com/About_Hall_Partners_PLC.html
(seemingly a member of the American Institute of Architects)

- So, I am not an expert on this, but how could I make this fellow pay up? - Name and shame, legal action? Would a US lawyer be happy to take on the case? I'd pay a lawyer the whole sum I get, actually...

I don't know if it still applies but I read some years ago that a photo must have the copyright logo, year and name of the photographer for it to be considered copyrighted in the USA. In Canada a photo is automatically copyrighted with nothing needed to prove that it is. That is what I read anyway and is why you see the logo on many photographs.

That can't be, all the photos I just looked at now on major US news outlets merely have the photographers name next to the images, with no copyright logo or other things embedded in the image.

My guess is you'd need to hire legal representation in the States. Whether the potential compensation is significant enough for anyone to take it on I've no idea.

In the meantime you should step it up a notch and tell them you're instigating legal action. With any luck that'll kick their arse into gear.

Makes me laugh when I see a relatively grand looking website and the contact email is for a gmail account. What's the betting that the proprietor is the one and only 'partner'?

Looks to me like this chap is a one-man-band and probably responsible for the website design as well.

Do architects usually use gmail? I associate that sort of address with cheapness? Wrong?

As I recall you've sold that pic before, so it's value is not in question.

Whet we need is a resident SimHQ lawyer...

That architecture firm website is rubbish, they didn't even try to do anything with your image - they just blatantly stuck it on the front page with no context to anything. You'd have thought that they'd have cropped it or resized it and made it into some kind of faded background or header logo.

I think that they're guilty of bad web design more than anything. That front page shouldn't need to be scrolled down in order to see it all, and for a website of that level of simplicity, all pages should fit on one screen with no scrolling in any direction needed.

I think you should definitely go and do what you can or feel you need to, in order for them to either remove the image and/or pay you for any inconvenience caused. Hopefully they'll remove it AND pay you, if only to make their site look better (no offense about your pic) and credit you as you deserve.

Frey, that's a great picture, sorry you're getting ripped off like this.

I'm not a copyright attorney, but I believe you have taken a unique image and therefore it is automatically copyrighted to you.

As to what to do about it, couple suggestions. First, I would consider getting hold of that guy's sites ISP and tell them he is using your image to promote his business without your permission. Which is illegal. Ask them if they would assist you in getting the image removed or the site shut down.

Next, if that firm really is a member of the American Institute of Architects, I'd contact them and inform them that one of their members is doing something illegal in promoting his business with your image and ask for their assistance.

As to attorneys, that is going to cost you money. Not saying you don't have a case, of course you do. But I doubt you'd get someone to take it on a contingency basis. Rather, I'd think about contacting a law firm and ask them to write a letter to this character on your behalf. A "cease and desist" letter if you will. You're not actually retaining them, it's just a handshake deal that you make. Sometimes the threat of a lawyer letter will get the results you want.

I wonder if there isn't an agency in the state of Virginia where this guy is based that could help. Consumer protection or some such. I'd check that out.

Last, this case is potentially worth more than just $100. That's just what you, a nice guy, offered at one time. If this business really is generating income, I'd say some of that belongs to you. Again, he's not just using your image in a happenstance way, he's using it to promote. Whose to say he doesn't have it on his business cards or company letterheads, over his freaking desk?

I'd go after him as hard as you can.

Good luck my friend. Let us know what happens.

No offense, I'm just looking at it from their perspective, not doubting you, but I'm not surprised they haven't paid.
CALL THEM, don't rely on email. Email shows disinterest, a phone call puts a voice on the phone. You can probably find an amicable solution if you just talk to someone.
Did you send them some form of proof that the photo is actually yours? If not, this would sound just like 1000 other email scams going on. I wouldn't go to mentioning litigation, you've got more you can do before dropping that one on them and putting them even more on the defensive. Also, if you aren't really considering legal action it may not legal to threaten it, I'm not sure how that applies to individuals trying to collect a debt.
Prove to them that you are who you say you are and that you have proof of claim.
Don't get too wrapped up in it though, not worth it IMO.

Sue them for damages.

We have a resident SimHQ lawyer...Cat! Haha!

I think it is funny also that they didn't bother to take your name off of the filename of the image: "pantheonEarthMoon_dalsgaard.jpg" How stupid is that?!? That is one of the first things I would change if I stole someone's image.

Put the pressure on them. Call them. Maybe we SimHQers shoudl too that way they know that the word is getting out and they are being exposed!

v6,
boNes

First thing i thought to by reading your email. How do they know it's yours? You could be anyone trying to claim it.

By phone or Lawyer is your best bet.

PS
Love his professionalism replying.

As much as it is abused by the various Music and Movie industries, you can submit a DMCA takedown notice indicating improper use of copyrighted material. They are bound to respond.

I would absolutely get a DMCA case going.

Also, consult with Saul Rosenberg

You might consider a phone call to directly discuss the matter. Expect the website owner to demand evidence of your claims, however. Such claims are easy to make. And if the photo was chosen by his web designer, he may expect the blame to fall on that person, rather than him.

Was it clear who was replying to the emails? The webmaster? Or company owner?

BTW... If you sue for the $100 you are asking, not sure that'd even qualify as enough for many lawyers to consider. I've had lawyers handle things in the past for rates closer to $200-$300 per hour. In other cases, I've seen matters over claims of less than $1,000 be suggested for self representation in civil cases, as there was not enough money involved for the lawyer to bother. I guess it would depend on who you call, though.

Wrong, use email.........it leaves a 'paper trail' while phone calls are 'I dont recall that conversation' magnets.

I would send them/him one more email stating that you have given them/him more than enough time to correct the issue. Then state that you will escalate the issue if either demand is not met within seven days.

Photos do not have to have a copyright symbol applied to them to be protected by copyright laws. There is the 'implied' copyright section which means that even though you dont see the symbol, the image is still protected by law.

The person using your photograph must show proof that he/she attempted to obtain permission to use the material BEFORE actually using it.

Of course, the real issue is that the OP is not living in the US so overseas laws may and probably do differ from US law when it comes to such use.

If you're worried about a paper trail, make it *a paper trail* and send them a letter certified mail so you get proof they received it, obviously keeping a copy of the letter. That goes a heck of a lot further than phone, certainly more than email, since you went through the trouble to do it. I still think a phone call first is the best route, just keep notes, time and date. It helps.
Email...still sounds like he's trying to scam them, they probably just added him to the junk filter.

Certified mail and contacting their ISP for hosting copyrighted material both sounds good.

Freycinet,

FWIW, I asked my Spousal Unit, the wonderfully awesome Mrs. Grant, who is in the business of representing Artists, Photographers, and Illustrators. Since she deals with this, this was her casual advice to you:



Good luck.

I am willing to contact the firm in question if you'd like, just to stress the point. I am happy to call if necessary. That might get their attention a little more.

Written word is copyrighted the moment it's committed to paper in the U.S. I would think that photos would have similar protection.

Cheers!

Rick...