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unauthorized use of a photo by a A list resort in USA

jdphoto

Well-known member
Greetings to all!
While searching for travel and ski destinations, I came upon a major resort that's world renowned for it's Summer and Winter activities. I was amazed at the website's beautiful panoramic landscape photo that's used to market this particular resort worldwide. The issue here is that the photograph is mine! The resort did not have my permission to use this photo or another photo of mine that was also found their marketing. My initial agreement was that their marketing department had first right of refusal for any images I took while at the resort and fees/licensing would be negotiated based on their media buy and a sliding scale percentage for any photo used. I was never contacted after this freelance photography session and assumed they were not interested in using them. I'm a little miffed at this blatant attempt to use my photography for free, but don't want to burn this bridge either. I'll need to determine their website traffic and total media buy for this campaign, but not sure how to determine that if their marketing dept. is not forthright in disclosing this information. Has anyone experienced this and offer any suggestions?
 
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Don Libby

Well-known member
While the registration of the copyright is helpful it isn't necessary. Other than that, I agree, contact them and ask for either payment or for them to remove the image(s) from their website. If they refuse payment and don't take down the images(s) then they can be liable for damages that would be worth more than just the payment. There's information regarding this subject on line; I suggest you do a search.
 

jdphoto

Well-known member
While the registration of the copyright is helpful it isn't necessary. Other than that, I agree, contact them and ask for either payment or for them to remove the image(s) from their website. If they refuse payment and don't take down the images(s) then they can be liable for damages that would be worth more than just the payment. There's information regarding this subject on line; I suggest you do a search.
Thanks for the input. As I prepare my invoice for per image pricing there's so many variables to consider, such as their campaign budget and web traffic. I do like the exposure, but without even a photo credit I suppose it's a moot point. Thanks again.
 

bab

Active member
Hire an IP (Intellectual Property) lawyer so you don't have this issue in the future. I have seen several of your images an nice ones, if you don't intend to derive any income from you hard work making these images then let the situation go. For a small investment you should set up your images for NO USAGE WITH OUT WRITTEN PERMISSION FROM DON LIBBY.
 

Don Libby

Well-known member
Hire an IP (Intellectual Property) lawyer so you don't have this issue in the future. I have seen several of your images an nice ones, if you don't intend to derive any income from you hard work making these images then let the situation go. For a small investment you should set up your images for NO USAGE WITH OUT WRITTEN PERMISSION FROM DON LIBBY.
Please leave me out of this.
 

jdphoto

Well-known member
A quick update...
While crafting my response to the unauthorized use of my photographs, I decided to take a visit to the resort and their retail stores. Lo and behold, my unauthorized photograph was printed on a line of winter clothing that according to the sales manager was completely sold out last year! I didn't even know about the retail aspect, much less it being sold for two seasons in a row! Licensing a photo is a great way to supplement income, this will no doubt change the tone of my response.
 
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