Greetings all,
I'm seeking advice from the learned members of this forum regarding
copyright infringement. I hope that you'll forgive me in advance if I
don't respond to any factual questions that you might have about this
situation. The possibility exists (although I'm hoping that it can be
avoided) that this situation could progress into a legal proceeding,
and it's too easy any more to google anyone's name, etc., and learn how
I might have presented this situation and responded to your questions.
I've dealt with too many lawyers in my former life...
Short story: A client copied an image, manipulated it, and published
it without my consent.
Long story: A client hired me to shoot photos of a product. At a
subsequent time, I was/am to overlay a CAD drawing of a second product
(presently non-existent product) on the first product, so that the
client could use the composite image for marketing purposes. I took
the base photos last fall and prepared for creating the composite
(there's some math required on my part). I placed med-res thumbnails
on my website for the client to view (he's in a different city and it's
not easy for us to get together), and the images were clearly marked
with the copyright symbol. I sent an email to the client and the
design firm that included perspective issues that I needed for them to
generate the CAD drawing, so that the two images would appear as
seamless as possible. After a couple of months of no communication, I
was called by the client and told that a friend of the client would
like to do a story about the new product in a new, boutique regional
magazine about this issue/market. My response was "please let me know
how I can be of assistance." At no time did I offer to transfer the
copyright, either during this conversation, nor during the proposal.
After several more months of no communication, I was called about six
weeks ago, and asked to meet so that I could see the latest design and
consider the composite. When we met a week later, the client presented
me with a printed copy of my image with the CAD drawing already layed
over my image; I was told that this was the image that had been
published in the magazine. I was stunned, having not known that any of
this had occurred. I suspect that the design firm did the actual
copying and image manipulation, although I don't know for certain. I
haven't seen the magazine, but I suspect that I did not receive a photo
credit. In the moment, I chose to remain silent, to listen to what the
client had to say, and to consider what I might have done to lead the
client to do this, as well as to formulate a response that was less
invested with emotions. A few days after the meeting, I wrote an
email to the client, inquired about the CAD drawing progress (which we
had discussed at the meeting), and informed the client that the
copyright had been infringed upon via the copying, manipulating and
publishing without my consent.
So, here are my questions/approaches. I sincerely wish to avoid a
legal proceeding. I believe that there are many creative ways for
people to resolve their differences, and to resolve them in ways that
allows everyone to maintain their dignity - I've done it many times
before. And, I sincerely and equally wish to defend my profession and
legal/creative rights.
I spoke with the client a few days ago and said that I'd be submitting
an invoice for the services performed to date, as well as charges for
the copyright infringement issues. The client is waiting to see what
those charges might be. In my mind, I'm considering possible charges
for copying, the manipulation and the publication.
1. I don't have any idea how much, if any, to charge for the copying.
Your ideas are appreciated.
2. Regarding the image manipulation, I'll charge the client for two
hours at my labor rate, as that's what I likely would have put in to do
the manipulation myself.
3. Regarding the unauthorized publishing, I'll use an estimator, like
Kenneth Richardson's, to suggest a rate.
Does this approach sound reasonable to you? The client has apologized
for infringing on the copyright. But, the infringement has occurred,
the client has gained from it, and I haven't.
Again, I hope that you'll respect my lack of responding to further
questions on this issue via Photoforum, but I will be eagerly looking
for your responses. Additionally, if you wish to contact me by email
with your thoughts/opinions, I would welcome that. Also, if you're in
N. America and want to offer advice by phone, please email me and I'll
call you.
Thank you,
Tim!
Tim Mulholland
Illuminata Photo
Fitchburg, WI
608/628-2925
Tim@xxxxxxxxxxxxxxxxx
www.TimMulholland.com
