So I have a bit of an issue here...

[joshuajames]

Thanks to all for your comments/input/suggestions.

Being a photographer by trade, I know this happens way too much.

Since I'm a member of various photography organizations they cover me when there are issues of copyright infringement.

I will likely have a cease letter on the way.


The point of the thread was in part to express how pissed and disappointed I was at the company's actions. I just want people to know that its the principle of the matter. If you like a photo and want to use it, just ask first!

But also get maybe a name or person on here that I may talk to, so it could be resolved easily.

Thanks for the Hoey or Solomon suggestion.

 

[joshuajames]

I love the small nit disc golf community we have and the companies that support our sport.

I don't want to burn a bridge.

 

[EvanA2]

Jack Daniels recenty sent a cease and decist letter to a company that had used their design. I suggest you go this awesome route.

http://theatlantic.com/technology/a...el-for-every-cease-and-desist-letter/260170/#

 

[eegor]

A watermark on your freely posted work indicating a copyright would go a long way to prevent any future occurrences.

IMO, it's in your best interest to deal with this present situation now, in a tactful way.

 

[T0WELIE]

Letter time!

 

[Valet]

Interesting. And I mean no disrespect to anyone. I didn't study this thread, but I think the OP said he's a photographer by trade and knows this happens. So, I would think that the OP understands the legality of use of pictures when posted to such website. Read them, understand them and if someone violates them, sure you might have some legal rights.

There is also a risk, right? Someone might use your pictures for something you didn't intend them to be used for (i.e. - to sell their product). If used to sell a product, I get it...pursue and get your chunk of the change. If not, I don't get what the issue is....why is there a letter being sent? Why would someone suggest you sue? Was someone damaged? Did someone gain monetary value due to the use of the picture that the OP would have gained otherwise?

Again, I might have missed a post or 2, and perhaps don't understand. If you want to sue, hell yeah, sue! It's the American way.

 

[eegor]

He mentioned that he didn't want to "burn bridges". Suing might not be the friendliest way of approaching them.

 

[Stetz1010]

Contact Lat.64 an tell them that this company is using your images to sell their product. Maybe they can help you out with some work as well as with this issue. BAM just knobbed two birds with one connie.

 

[The dude on the bike]

A copyright is only enforceable if you can pay a lawyer to sue the violator. Ask for a free mini or wait until they are huge enough to make it worth suing them.

 

[SanFrandiscan]

I love the small nit disc golf community we have and the companies that support our sport.

I don't want to burn a bridge.

I too am a professional photographer and completely understand how you feel.
I also agree with not burning any bridges. Most people just don't realize how inconsiderate it is to use your photo without consent. A polite explanation of the situation to them should at least render an apology to you. Sorry that you had to go through this as it is upsetting.

 

[PhillyMatt]

Contact them, and let them know that it is copyright infringement. Then suggest (nicely) some sort of settlement arrangement, so you get a bunch of free plastic or $$$ in exchange for them continuing to use your images without you suing them.

Tim S.

Yes.

 

[ShopTom.com]

Consider that more than likely the pictures were copied by the kid making minimum wage hired to take pictures and the company can claim ignorance of the situation.

 

[Mind Expansi0n]

How can you 'burn bridges' with a company that steals other people's creative work in order to make money? That company is burning it's own bridges in a hurry - and sounds like it's being run by some amateurs anyway.

 

[forehandfranz]

I had a similar thing happen. Innova took an image I had contributed to my friend's tournament page on Flickr. It was one of their Team Innova players. I had the same reaction as you. The only reason I have not confronted them is that it was buried deep in their site and not, say, on their home page. It was not marketing a specific product either. If I were you, I would confront them and let them know that just because you can find images on the Internet, it's not just a grab bag - ESPECIALLY when they are using it to sell their products!

 

[vonDrehle]

Was this a Disc company or a store? I just ask because if it is a disc company I find it very depressing they can't get their own pics. Still sad for a store but not as much.

Big Jerm put one of my pics on a stamp... B*stard

 

[Oklahyzer]

...If not, I don't get what the issue is....why is there a letter being sent? Why would someone suggest you sue? Was someone damaged? Did someone gain monetary value due to the use of the picture that the OP would have gained otherwise?

Again, I might have missed a post or 2, and perhaps don't understand. If you want to sue, hell yeah, sue! It's the American way.

Those are often valid points in civil cases, but IP law is a different world entirely. Over the last decade it's seen a lot of turmoil and evolution in the form of disputes on the internet. It's a complex and sometimes dysfunctional system, but where it stands now is that intellectual property has a number of protections that you might not expect it to have, even with minimal or no supporting proof. Proving damage, while a cornerstone of most civil disputes, is not necessary with the majority of IP issues, and photography, specifically, has enjoyed some rather broad protections in recent years. It's definitely compounded when commerce is involved...at that point favor shifts heavily toward the owner of the material. However, maybe more than in any other type of law, IP does come down to deep pockets and the ability to afford litigation - upfront and ongoing, both.

Consider that more than likely the pictures were copied by the kid making minimum wage hired to take pictures and the company can claim ignorance of the situation.

Ignorance - real or claimed - is never, ever a protection. In fact, it's about the worst thing you can say in most cases. Part of being an adult - let alone a business owner - is taking the responsibility to learn and ensure that you're doing things properly. If you don't, then you open yourself up to an often uncaring legal system and you pay the piper for your mistakes.

 

[Dookville]

I love the small nit disc golf community we have and the companies that support our sport.

I don't want to burn a bridge.

So small that I said, "Dang those look familiar" when I saw them. Drop a line and just say whats up; see if they'll trade out photos for plastic. They'll probably be a little embarassed and hook you up. If they get there back up, then drop the hammer.

You're a good dude Josh, you should be compensated.