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Copyright Infringment

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lemmy
lemmy  71775 forum posts United Kingdom
4 Jan 2013 - 9:47 PM

US law is very different from English law. Maybe American photographers have more redress. Don't know. What happened to you is unfair but nothing illegal was done.

Maybe if you had a proper contract you could do something but if not best to regard it as a learning curve.

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4 Jan 2013 - 9:47 PM

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TonyEff
TonyEff  1 United Kingdom
7 Jan 2013 - 6:18 PM

Hi all, new here.

Just for clarity, in the UK the term "Getting filled in" is often used to mean getting beaten up or assulted.

Hope this helps.

Tony

wpolle
wpolle  1 United States
7 Jan 2013 - 7:05 PM

Thank you for that clarification, no in the US filing is just establishing the suit. Its not worth the moneies for the suit but i'm hoping that i can shame her enough that she or other person will not do this again.. i have a call into an attorney to see what he's answer to when the copyright began, at the time of the design of the photo or only when the shutter goes off. my shutter was first in any case. but that will be hard to prove. Im fighting for all of us photographers that have spend time in training , monies, and a lot of time to perserve our profession.

chrisheathcote
chrisheathcote e2 Member 7240 forum postschrisheathcote vcard United Kingdom
7 Jan 2013 - 7:16 PM

I agree that it is frustrating however, unfortunately now to survive in any form of business you have to occasionally get tough. I think this is an example of this. The days of gentlemen agreements are in the past and that unless you have any agreements documented, you leave yourself exposed to the elements. The harsh truth here is that the school saw an opportunity to save money, and that although in the first instance they may have had the best of intentions, once this lady handed them the photos for free, they then didn't have any need to pay for yours. One way round it without saying anything to her would be, as she leans over you, stand up and nudge her. Keep doing this every time she gets close. If she moans then say your bit.

lemmy
lemmy  71775 forum posts United Kingdom
7 Jan 2013 - 7:18 PM

Filling and filing are very different words!

Quote: and a lot of time to perserve our profession

Really, don't bother. You either make a living or you don't. I worked in a highly competitive area of the media and learned to make my way by being better - not always, by a long chalk - but often enough to make a good living.

The woman you talk about has the same right to make a living as you. Copyright exists from the moment you take the picture. If you stand beside me and take a picture or vice versa, we both have copyright in the picture we took. Who pressed the shutter first does not matter. Neither does who organised the picture.

Write it all off to experience.

Paul Morgan
Paul Morgan e2 Member 1314978 forum postsPaul Morgan vcard England6 Constructive Critique Points
8 Jan 2013 - 1:25 AM


Quote: Maybe if you had a proper contract you could do something but if not best to regard it as a learning curve

You say you have been a working pro for 40 years, yet your asking the sort of questions you should be able to answer for rank amateurs like myself.

You also say you had been contracted, so what did the school have to say about this.

Last Modified By Paul Morgan at 8 Jan 2013 - 1:31 AM
Focus_Man
Focus_Man  4481 forum posts United Kingdom631 Constructive Critique Points
8 Jan 2013 - 9:13 AM


Quote: Just for clarity, in the UK the term "Getting filled in" is often used to mean getting beaten up or assulted.


Yes but with the unwashed and uneducated a guy was asked to fill in a questionaire so he beat up the doorman.

lemmy
lemmy  71775 forum posts United Kingdom
8 Jan 2013 - 10:18 AM


Quote: Yes but with the unwashed and uneducated a guy was asked to fill in a questionaire so he beat up the doorman.

Boom boom! Grin

thewilliam
8 Jan 2013 - 1:08 PM

One of the great things about being a professional is that each job is a new chance to get it right. Only rarely are we likely to mess things up so thoroughly that no prospect will give us some work. There's little point in re-living the past once the lesson has been learned.

After a bad experience, just shout some choice Anglo Saxo words followed by "NEXT".

paulcookphotography


Quote: the other photographer comes up right behind me over me and take the same photo now she has a facebook page saying that these are her photos she has given the school the group photo for the school publication

The only issue here, as far as i can see, is that the school is using her photograph(s) rather than yours. The photographs she took are hers, and she is well within her rights to post them on Facebook. If, and only if, you were contracted by the school to take pictures, then they should have paid you for the job you did. They could, however, decide to use someone elses images provided you were paid for your services.

You may not have liked her taking pictures, but that in itself is not a crime, and you did nothing at the time to prevent or discourage her from doing so. Have you had any contact with the photographer since, explaining your side of the story?

I think you really just have to chalk this one off as a bad experience and learn from it for the future of your business

Last Modified By paulcookphotography at 8 Jan 2013 - 3:07 PM
julesm
julesm  101698 forum posts United Kingdom7 Constructive Critique Points
8 Jan 2013 - 10:25 PM

Surely as the pro and using the lighting etc your pics are far better than the mothers pics, which wouldn't have used the lights?

wpolle
wpolle  1 United States
9 Jan 2013 - 3:41 PM

Jelesm Thats the problem my external light was set off by a light slave unit which she knew because she had attended one of my classes. she knew that she could set it off external strobe with her on camera strobe.

whipspeed
whipspeed e2 Member 104039 forum postswhipspeed vcard United Kingdom22 Constructive Critique Points
9 Jan 2013 - 3:52 PM

Been reading through this, did you ask her to stop at any time or indeed have a word with whoever was employing you. Personally I'd have turned off the lights until she left.

thewilliam
9 Jan 2013 - 3:57 PM


Quote: Jelesm Thats the problem my external light was set off by a light slave unit which she knew because she had attended one of my classes. she knew that she could set it off external strobe with her on camera strobe.

For this very reason, we always set our Broncolor strobes to fire only when they get the coded signal from one of our triggers.


Was it Confucius who said, "A student who doesn't surpass her master has failed her master"?

Last Modified By thewilliam at 9 Jan 2013 - 3:58 PM
lemmy
lemmy  71775 forum posts United Kingdom
9 Jan 2013 - 5:49 PM


Quote: Was it Confucius who said, "A student who doesn't surpass her master has failed her master

No, Confucious says in this context, "When a man tells you that he got rich through hard work, ask him: 'Whose?' Wink

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