© infringement just discovered

michaelnotar · #1 11-23-2007, 04:07 PM

one of my best clients, a realtor, was asked by the home owner of one of his listings, if the he, the client could have a disc of photos of his home fora coffee table flyer to help his house sell quicker. the realtor said ok (and i dont have a problem with this).

the seller lied, gave the disc to another realtor at another company to relist his home. this agent now uses the photos for selling the house ($3M+ list price).

what is the circumstances around asking for 3x the normal usage rate?
actually the realtor that used the photos w/o permission is also a client, a smaller one, but a good realtor in the area.

i was thinking of justing for my normal rate....

your thoughts?

DougAxford · #2 11-23-2007, 04:53 PM

I personally would charge the regular price plus a hefty penalty. The penalty part could be reimbursed and used by the realtor as payment on any upcoming shots he/she may want taken in the next 60 days (or whenever you are slowest) That way, you've got your base amount of $$, and if the realtor is wise, he doesn't end up apying any extra, so you shouldn't be making them angry. I'd make the time frame to suit you, not them.

The other side is that the realtor should know you & your work and he/she is more guilty than the home owner. but, you do want to work for them in the future right?

Make sure you register the images first and add that cost to the base price.

Doug

KevinStecyk · #3 11-23-2007, 05:42 PM

Quote:

Originally Posted by michaelnotar

one of my best clients, a realtor, was asked by the home owner of one of his listings, if the he, the client could have a disc of photos of his home fora coffee table flyer to help his house sell quicker. the realtor said ok (and i dont have a problem with this).

the seller lied, gave the disc to another realtor at another company to relist his home. this agent now uses the photos for selling the house ($3M+ list price).

what is the circumstances around asking for 3x the normal usage rate?
actually the realtor that used the photos w/o permission is also a client, a smaller one, but a good realtor in the area.

i was thinking of justing for my normal rate....

your thoughts?

are your images registered? cuz if they aint, you might not git much. even more so, might jus be makin them angry, as Doug alludes to in his msg. remember, w/o registration, you only entitled to damages. your legal costs might be worth more than your damages.

who you gonna chase? the homeowner, the realtor, both realtors, all dem sons of guns?

if i were you--and i aint--id talk with the homeowner. see if he will spring a few bucks for compensation. if he aint willin, then look at small claims court. i dunno if small claims court will touch a copyright matter though, thats federal jurisdiction, no? and if you go chasin the realtors, you might jus make dem upset and never wanna use u again. so be careful about which hand you bite. you can also talk to a lawyer about attaching a lien against the house. i dont know what is involved to attach liens. you can read more about it here:

WikiAnswers - How do you put a lien on someone's house when they ...

Jeffrey_Nye · #4 11-23-2007, 06:08 PM

My initial take is that the homeowner is the one who caused the problem by lying about the intended use. I would send the 3X letter to them, explaining the reason they are being targeted for this, and CC the second RA.

Then put a note in with it. explaining exactly the same as Doug wrote above. If they are any type of person with integrity, they will realize the mistake.

But even as I write this, there are few questions for you I have before whole heartedly saying the above.

First. the CD the 1st RA had. did have any copyright information on it and when they burned the CD, did they remove it? If so, they are to partly blame.

Second, have you even tried contact the 2nd RA about this. If they have used you before, and there was no © info on the CD, they will realize their situation when you tell them of the problem. Hopefully they will understand the issue and value you as well and want to take of the problem.

Third. This house owner seems very sneaky. I would not have an issue with following my initial response if all else fails with RA#2 and once you are ignored (you will be by the homeowner) go ahead, get a judgement against them, and place the lien on his property. You might still not get the money though. There are various reasons and the laws may be different where you live.

Good luck with it.

michaelnotar · #5 11-23-2007, 07:23 PM

the 1st realtor is my best client, so i wont do anything against him. he called the second realtor standing up for me, so if anything i deserves a big thank you. yeah he shouldnt of handed a cd to the homeowner, but i dont have a problem with it. we both are working to sell the home. if the owner wants a keepsake thats fine. not worth chasing down $20 for a few 4x6s.

i will mostly likely ask the second realtor for my normal fee, i think that would be fair. i like the idea of adding some $$ into that towards future work with me. being in a small town, i dont want to burn any bridges. i like going after the homeowner even placing a lein against the home

, but word would travel fast in my town.

most agents are ignorant and want to know when THEIR pictures will be ready. the first client was smart enough to stand up for me, another thanks to him.

i think from this, i will now add a 'read me first' file to any CD i deliver discussing © as simply as possible.

KevinStecyk · #6 11-23-2007, 09:14 PM

who reads readme or readmefirst files? i dont.

you might want to have "copyright" emblazoned across the cd as well as cd jacket. and you might want to inform your customers in advance, when they sign the contract, that the pictures are for their use only. use the contract signing period as your opportunity to politely educate your customers on the proper rules and etiquette. you should also register your photos. then if you have difficulty, it will be easier to bring a legal resolution in your favor.

protecting your work in this digital age is certainly challenging with no easy answers.

michaelnotar · #7 11-24-2007, 12:17 AM

what about the home owner..."guilty of fraudlently obtaining photos" ? worth pursuing in small claims?

i tried the contract thing when i first came to town, didnt go over well. so i dont think it will fly anymore.

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