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Problem... help anyone?

Nov. 13, 2010, 11:48 a.m.
Posts: 0
Joined: March 5, 2003

Ok after reading Faithless[HTML_REMOVED]#8217;s epice failure of a thread (cough) pie (cough), i thought i[HTML_REMOVED]#8217;d look for some advice on a similar topic.

To start, some of you know where I work, for those who don[HTML_REMOVED]#8217;t, it[HTML_REMOVED]#8217;s that place with all the whales. Anyway my employer has a policy for all visitors - stating:

[INDENT]You are welcome to shoot still photos, video or film for personal use only. Any reuse or reproduction for commercial purpose without written consent of the Vancouver ######## is strictly prohibited.
[/INDENT]
For employees things are a little different, and this is what I received from the HR department when requesting the most recent policy.

[INDENT]POLICY
[/INDENT]
[INDENT]1. All Photographers please note: You are welcome to shoot still photos, video or film for personal use only. Any reuse or reproduction for commercial purpose without written consent of the Vancouver ######## is strictly prohibited.

2. Pursuit of personal photography, video or film on location at the ######## is done on personal time.

PROCEDURE
For those interested in obtaining written consent from the Vancouver ######## please contact the Vancouver ######## Public Relations Department.
[/INDENT]Now this is the information I[HTML_REMOVED]#8217;ve found from the Government of Canada website.
Canadian Copyright and Moral Rights in Works

[INDENT](1) For the purposes of this Act, [HTML_REMOVED]#8220;copyright[HTML_REMOVED]#8221;, in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right
[/INDENT]
[INDENT]
(a) to produce, reproduce, perform or publish any translation of the work,
Ownership of copyright
(1) Subject to this Act, the author of a work shall be the first owner of the copyright therein.

Work Made in the course of employment

(3) Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.
[/INDENT]Cole Notes:
So, the story goes. I took a photo of a sea horse during personal time [HTML_REMOVED]#8211; wasn[HTML_REMOVED]#8217;t working! Legally I believe this photo is MY property. I sent the photo to the guy who takes care of the sea horses - this may have been my mistake?

The f@#ing marketing department asks for the photo from this guy and then proceeds to plaster on the front on a thousands of marketing brochures. This pisses me off because if the marketing department knew who the photographer was, they used the photo without consent and even if they didn[HTML_REMOVED]#8217;t know who the photographer was they, used a photo without knowing who the owner was!!! I seriously am considering legal action, but my thinking is the only thing I can fight is lost exposure as the photo was printed without my name crediting it. I don[HTML_REMOVED]#8217;t think I can claim lost revenue because I could not have sold the photo for any other use with consent from my employer. Or is it my mistake for send the photo to some else?

This is not the first time this has happened. The same thing happened three or four years back, and when I tried to address it, they simply ignored me.

I love to hear what others think, even it means more pie!

Nov. 13, 2010, 11:56 a.m.
Posts: 14573
Joined: Dec. 16, 2003

that's a bit complicated but…

the photo is your property, it always is. The only thing you sell is usage rights to that photo

they still used a photo for commercial use without permission from the photographer. I don't think it matters that you could not have sold it to anyone else, they still used it. The point being they obviously felt the photo was marketable and thus should pay market value to the photographer. I think common policy for a photo used without permission is an invoice for 3 times the market value of that photograph.

of course then there's a good chance you'll be unemployed

you might be better off to try and strike a deal for work as a photographer for them

Nov. 13, 2010, 12:28 p.m.
Posts: 0
Joined: March 4, 2003

I say you release the whales.

Being an agoraphobic adrenaline junkie would be pretty convenient, because you could get your rush from just going to the store to get some milk instead of having to jump off a mountain or out of an airplane.

they also call me "balloon"

Nov. 13, 2010, 12:43 p.m.
Posts: 4006
Joined: Nov. 20, 2002

Can you send the picture of the seahorse? I need it for a project. thanks.

Nov. 13, 2010, 12:46 p.m.
Posts: 7967
Joined: March 8, 2006

Use bigger watermarks when sending photos to people who can't be trusted.

Nov. 13, 2010, 1:14 p.m.
Posts: 8
Joined: Jan. 7, 2006

of course then there's a good chance you'll be unemployed

This is what you need to consider. What's more important? Your job or an extra couple hundred or thousand dollars?

Nov. 13, 2010, 2:10 p.m.
Posts: 0
Joined: Sept. 12, 2009

Does the Seahorse have any rights in this infringement fiasco?

Seriously though, I think the only option you have here is to take a lesson from it. Its plain to see that they are plagiarizing pricks and you could fight them at the probable loss of your job. Big watermarks and/or not sharing your work with peers is the lesson. Human nature is to take advantage of situations.

Other option is like DaveM mentioned is to possibly turn it into a job opportunity. Treat it like you are the drug dealer and "the first hit is free" mentality. Put together a HEAVILY watermarked portfolio and approach them with the potential of some freelance action in your spare/free time.

Nov. 13, 2010, 2:14 p.m.
Posts: 6
Joined: Dec. 1, 2003

not sure what country these apply to but might be relevant to your questions:

http://lifehacker.com/5688057/know-your-rights-ten-misconceptions-about-photography-law

Nov. 13, 2010, 2:26 p.m.
Posts: 0
Joined: Nov. 26, 2006

What they did was copyright infringement. Getting pissy about it if you like your job and want to continue smoothly there might not be an awesome idea.

Personally if I was really upset about it I would wait until I was chilled out and then go to the head of the marketing department and very politely ask that any further printings include a photo credit. I would also use the opportunity to mention that you might be interested in shooting photos for them in the future if they like what they saw. If they blow you off about the credit I would let it drop and watermark any further photos you sent around.

vegetarian: an ancient word for "likes to stay home with the ladies…"

Nov. 13, 2010, 4:37 p.m.
Posts: 14437
Joined: Feb. 19, 2003

Stick it in the Seahorse's butt and pee.

Nov. 13, 2010, 4:49 p.m.
Posts: 1696
Joined: May 12, 2009

Doesn't this kind of stuff happen a lot in the mtb magazine industry too? A friend of mine was telling me about how magazines sometimes rip you off and use your photos without consent.

nobody is this dumb.

Nov. 13, 2010, 10:51 p.m.
Posts: 3183
Joined: Dec. 19, 2002

All you need to know right there.

http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/Home

If this is the second time something has happened I would consider a course of action. Litigation is expensive but see if you can settle a deal, if not I would say time to look for a new job, a respectful employer and scare them with a statement of claim.

Steve

www.tuchiwsky.com

Nov. 14, 2010, 12:42 a.m.
Posts: 33718
Joined: Nov. 19, 2002

Bring legal action against them.

It is easy to dodge our responsibilities, but we cannot dodge the consequences of dodging our responsibilities.
- Josiah Stamp

Every time I see an adult on a bicycle, I no longer despair for the future of the human race.
- H.G. Wells

Nov. 14, 2010, 1:03 a.m.
Posts: 0
Joined: Sept. 20, 2006

Stick it in the Seahorse's butt and pee.

This seems like the most reasonable course of action.

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