What to do..?

I was at Breakers Pub earlier, today.

I was handed a menu and I did a double take at the front cover. “Looks familiar”, I thought. Interesting. Wait, a blue border and a black background? “Hm, even moreso intriguing…” I thought. Yup. It’s my photo on the front. I wasn’t asked nor was I aware.

“Who did these menus?” I asked the server attending to me.
“Oh, not sure… I think may have.” she responded.
“Um… Where’d they get this photo…?” I question her.
“I’m not sure who they hired to take photos.”

And I left it at that.

I asked nicely if I could take a menu home for comparrison with my original. She said that was fine. So I did.

Where’d they get it?

My guess is here: (freely available)

So I took it home and took a photo of the cover, then opened it side by side in Photoshop for some comparrison. What do you think? (Link to it below. Large image!)


Just wondering if anyone has any input. What I should/could do. It’s not that I’m angry, I’m somewhat flattered, actually. But irritated. I’m a struggling web developer here in PR and I could have used some exposure, but was denied that when whomever stole my image to freely use without compensation whatsoever.

Eh, thoughts?  Thanks people! :smile:

i have to wish you good luck in dealing with Ted and Joanne…they are mean as hell and treat every other business/person as though they are not worth shit.  y ou will get told to beat it

Well I hope dealings are better than your predictions! lol… I mean, technically, it’s copyright theft/infringement. They also have no distribution rights on any image I, or anyone else, takes (Unless explicit prior consent is given, of course). So legally I’ve many legs to stand on.

But I’d not want it to come to that, anyhow. I don’t even know what I’d want, if anything. Just seems unfair, is all.

Thanks for your response, too! :smile: Appreciated.

While rollins’ prediction might end up being correct, I would still go and ask to see the boss and discuss it with them. Clearly that is the same exact photo and not just something close. Whoever made the menu’s stole that photo plain and simple.

If I did get a response that was along the lines of rollins’ post I might consider taking it ever further just on principle.

Yea. I phoned about two hours ago. Asked for the Manager/Owner. Wasn’t in. So I left my name, number and reason for calling. Am waiting for a response, albeit I’ve no idea when. hehe

Maybe I could force them to hand out one business card (of mine) per patron they serve? :stuck_out_tongue:

Thanks for the speedy reply, too. :smile:

Well be sure to update us when you can. I’ll be interested to find out how things go.

Will do.

As for compensation. I’d not ask for more than some monetary compensation with perhaps a small text credit at the bottom - or inside - or on the back of the menu, somewhere, Anywhere. Name and perhaps URL.

I thought that’s how small businesses/etc operate. Reciprocal promotion. Then again… Why pay me/promote me when you can just steal? shrugs

Thank them for choosing your photo. Free dinner for two and “photo by” on the next reprint and all will be forgiven. You’re a reasonable guy, it’s a small town, etc.
I had a menu design stolen in the same way. The new owner simply scanned it, stretched the jpg and cut and paste typewritten prices sheets, then scanned the whole thing again and printed them on a home inkjet with shitty copy paper.
I made him take the warped and barely legible “Designed by  **c2001” off of them.

compensation is your choice. If your not satisfied then it is theft. Some law offices can offer advice of options for free.

Sucks to got that way but some people leave no options.

Good luck

Yea. Perhaps. I don’t want it to come to that, is all. To be honest, if I were rich, I’d not be so irritated with it. The principle of theft does bother me, for sure, but it’s the fact that I do what I can, all I can and all of the time to try to “make it”, as a business, and that kind of business practice (of theirs) just serves to make it all the more needlessly difficult.

But I’m not rich. I need exposure! hehe. I could have had some. Heck, I’d even have made a large print of that photo, framed, for them, had they just asked.

Thanks for your reply, too. :smile:

I tell you this if you were a big shot (photographer) and they stole your picture from a site which they did, you would go and ask them to pay you for it, or stop using your photo, and if they dont you go to court… Plain and simple.

hey mate, ted and joanne are friends of mine, i dont think they would intentionally steal from you, or anyone else. i bet some other photographer is taking credit for your work, would you like me to explain the situation to ted  (i can call him right now), im sure he will feel bad you have been cheated and want to make it up to you, give them a chance they are good people.

I have only met Ted and Joanne a few times and yes I must agree with Chris they are good people and as far as business people I do not think they would make such a move as to stealing your work . Let Chris make mention of this to them and bring it to the surface , good luck whichever way it goes . I hear what your saying about your work and you do deserve to be recognized for it no matter what .

My prediction:

“Whoops, sorry, we thought it was public domain. Here’s a coupon for a free round of drinks on the patio.” And the menus are changed to a completely different picture, rather than changed to credit the photographer.

Sounds exactly like the Fort…  just a bigger small town.

Good luck with this one, nauticalpixel. :smiley:  I’ll be curious to hear how this turns out.  I hope they acknowledge your photograph in some way.

You might ask them why they sell a sleeve as a pint … IT’S NOT A PINT!

Isn’t that false advertising since a pint is an official measure?

well i spoke to ted about this this morning, he was kinda defensive about it, i was still half asleep when he called but i remember something about “we just found that on the net. it doesnt belong to anyone, and that is our friends boat that wasnt asked for permission to photograph it either, so we are even” or something to that effect. im sorry about that dude, i thought he would be a bit more “sympathetic” than that. i am going to see them tomorrow so i will explain the situation in a bit more detail and hopefully i can negotiate some type of arrangement you are both comfortable with, if thats ok? i can just butt out if that is what you would prefer. you want credit put on the photograph, is that it? a free meal too maybe? speaking of photo’s i took a really awesome one i would like you to look at give your opinion if you wouldnt mind, if you can pm me your email ill send it to you.

chris I like to say I think what you did was great, and from what was said, I think ted is wrong about the photo being taken, this is a free country and he would fine that out if it went to court, he stole the picture, right or wrong; how does that saying go not knowing the laws does not mean your not guilty. nauticalpixel I think you have a great case also as an avid photographer, I take pictures of alot of things, look at the cover of the phone book, when it was the killer whale from the waterfront, I’m sure the photographer did not get permission from the artist who sculptured it, or from the city…what happened is unfortunate I hope things will be dealt with out going to the courts

My opinions:

  1. It’s not theft.  It’s copyright violation.  They didn’t steal something from you.  If they did, then you wouldn’t have it anymore.  They violated your copyright.

  2. Send them an invoice for $500 for use of your photo.  Ask them to please pay it within 30 days.  If they don’t, small claims court is the way to go.  You have nothing to lose.

  3. You don’t need “permission” to take a photo in a public place.  The photo is yours, it doesn’t matter who owns the boat.

They’re making a profit off your work, without your permission.  Clear copyright violation, pure and simple.