Forums > General Industry > Magazined used my img without asking or informing!
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Photographer

PunkHeart

Posts: 157

Charlotte, North Carolina, US

I've been on both sides of this issue as both a photographer, and working in the publishing field.
My advice, trade out a couple of copies of the magazine for your portfolio....
By the time you go through all of the legal BS, you will have blown 10 times more than you will get from the publisher...Besides from the looks of it, these guys don't have any $$$, and if they are smart they are incorporated. WHich means you are suing a corporation with very little money.
If you go to court, their lawyer will say that it is only editorial use, and claim right to publish for newsworthy event / story.

TRUST ME! I'VE BEEN THROUGH IT!!!

Jul 06 06 05:16 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

David Scott wrote:
even though she is 18 now, she was 17 in the images... does that play any part in this matter?

Nope, she was FOURTEEN in the image (per her above post)
I too would think that brings additional issues in to play
But it sounds like the people are going to try & make nice.

Jul 06 06 05:28 pm Link

Photographer

Emeritus

Posts: 22000

Las Vegas, Nevada, US

Jim Ball wrote:
Under the 1976 Copyright Act, as amended, a work is protected by copyright from the time it is created in a fixed form.  When a work is first written down or otherwise set into tangible form, the copyright immediately becomes the property of the author who created it.
***

That's true, but as a precondition to filing an infringement lawsuit, that same act requires that the author register the work with the Copyright Office.

Jul 06 06 05:34 pm Link

Model

Kassandra

Posts: 1076

Coram, New York, US

David Scott wrote:
even though she is 18 now, she was 17 in the images... does that play any part in this matter?

actualy i was 14 in the img we are all talking about

Jul 06 06 05:55 pm Link

Photographer

Tog

Posts: 55204

Birmingham, Alabama, US

Kassandra wrote:

actualy i was 14 in the img we are all talking about

And with that.. I am destined for hell..

No one who looks like that should be allowed to be 14.. Period.. Graduate straight to 18, pass go, collect 200 dollars.. But... No.. 14 bad..

Jul 06 06 06:57 pm Link

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