I missed the owner’s call this morning, as I was out. I called back when I got back in and missed him/her. Such is the way it goes, I guess. So no update whatsoever on that.
As for “is copyright violation theft?”, I fall under the ‘yes’ category: Check it out.
I fall under the ‘yes’ category not because I feel I’ve lost something tangible, but I do think that now we’re in different times with different types of media/‘products’ that even the word “theft” begs further consideration/amendments.
Anyhow, I’m a rather non-confrontational kind of guy. This already sounds potentially very ‘ugly’; something I don’t much care for. I guess I’m just disappointed I lost out on what could have been great exposure (With a credit in tact). Equally disappointed in his alleged response of “He didn’t have permission to take a photo of that boat, so we’re even” mindset. Like I’ve done something abhorrently immoral or wrong or something.
I doubt I’m the type to go to court over it. I reckon I buckle under duress and can’t fathom the stress of court.
I’m more the type to just back down and slink away. (Might be bad to admit this publicly, though. hehe)
Thanks everyone for your careful and considerate replies. Thanks, Chris, for going above and beyond for me. As for critiquing your photos: I’m no professional. More of a photo enthusiast. But will provide what I can all the same.
[quote]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?[/quote]
Interesting point. But I’ve always mused that it’d be funny, albeit impossible, to take on the BC Lottery Corp. for “false advertising”, as well.
Why?
Every scratch ticket says “Scratch and Win”. Not “Scratch for a less-than-dismal chance of winning”, or “Scratch and perhaps someday, 15,000 dollars later, you may (or may not) win something (in)substantial”. lol …
You know, it’s not that I’m finger-pointing. In many respects, now, perhaps it was wrong of me to use the business name. It might appear as though I’m speaking ill of the business itself, or it’s owners. If this seems to be the case, I assure you it’s not. Truly.
Maybe it wasn’t the best plan to state the business in question, but rather a “hypothetical/ficticious” place, instead. No harm intended, for sure. The whole point, to me, is that it happened. Doesn’t matter whom did what, when and how. It happened. For all I know, the Owner/s hired someone to take a photo and the ‘photographer’ took mine. Who knows?
Anyhow, yea. Just wanted to mention this. If MiG concurs with my sentiment (about posting the business name itself) he has my full consent and/or blessing to remove anything that may damage someone else’s reputation. I’ve nothing - absolutely nothing - against the place in question or it’s owners.
You’re wimping out already. The big stick is in your hands, the measure of yourself is how you choose to use it.
As it is a picture you snapped, not an original painting or novel or a sculpture, you feel it is not as much an offense against your and I would concur. It’s not worth initiating a court battle. However, it is clearly yours, you hold the big stick of law, are due the respect and a reasonable (hey the dinner for 2 and credit) is entirely reasonable if offered. If hostility is what’s offered, point out the “law”. If met with further hostility, you have justified court costs.
THe balance is to stop people “stealing”, yet not be an ugly American threatening $10 million lawsuits over hot coffee…
hey your very welcome mate, i always like to help if i can. as i said i am going to see ted tomorrow so i will ask him if he can have a “photo by nauticalpixel” added to it. to be honest i cant see why they wouldnt agree to that. i dont think ted is unreasonable, he may have felt like he was being sandbagged and just “barked back” so to speak, let me explain what it is you want and lets take it from there.
this might even work out good for you, they obviously like your work, maybe they will be willing to put up some nice prints with your name on them or something like that. i think its actually been a good thing, its getting you exposure as a photographer, as this gossip spreads you will be better known that you were previously. you have a website right? should ask if they would permit your name AND website link on the bottom of the menu, do you like that idea? if so i can ask them tomorrow. people ripping photos off the web is quite common, i do it myself when im building web, i almost never write my own code anymore. you should put a big ugly watermark on yer pics, photoshop does a decent job of it, that way they cant print it unless they have a geek remove it for them.
Or an opportunity, on a budget
I’m sort of like you, but I regret when I went into business I didn’t adopt a hard attitude. I went out of my way to provide superior service and it resulted in 10 years of people demanding more and more free service, and lost many thousands of dollars.
I now require anyone who hasn’t already proved to be a good customer to leave a $45 deposit before I do any service. They regularly intimidate my staff into not collecting it.
Interesting. Albeit while I go by ‘nauticalpixel’ here (And in Yahoo, Skype) the actual business name is ‘nautical interactive’. (www.nauticalinteractive.com)
Then you should call the RCMP and file charges. Theft is a crime.
No, what they did is copy your photo without your permission. They didn’t steal it from you. If they did, then you can file criminal charges.
You still have your photo. They didn’t steal it.
But still, what they did was a copyright violation. Send them an invoice already (make sure it’s registered mail, and keep copies of all correspondence). Don’t call them on the phone at all, have everything in writing. Otherwise they can say “we spoke on the phone and he gave me permission to use his photo!”
Make a print out of the picture in question put your information on a trophy tag, put it together with a frame and ask them to hang it in their establishment.
as for costs maybe he’ll split it with you… I’m trying to remain optimistic about the owner but it is truly difficult.
If all else fails perhaps contacting the co owner might help things along. Alot easier to deal with. Not sure if he has much to do with the day to day but another option…
[quote=“MiG”]
But still, what they did was a copyright violation. Send them an invoice already (make sure it’s registered mail, and keep copies of all correspondence). Don’t call them on the phone at all, have everything in writing. Otherwise they can say “we spoke on the phone and he gave me permission to use his photo!”[/quote]
Good advice. Especially if you want to avoid conflict. Just send the invoice and then follow through if they don’t pay.
I for one am completly shocked that he would deny doing it and offer no compensation…oh wait, that’s exactly what i said he would do. be careful he might call the DFO on you for no reason to try and rattle your restaraunt too
I think that you should ask the admins/moderators to close discussion on this thread. Many things have been said here that could be used in an eventual court case. Even though you showed integrity and a willingness to compromise, lawyers can twist things around very fast against you.
Take MiG’s advice, name your price for the picture and follow due process.
yeah i’d have to agree, you were right on money so to speak, i guess you know them a bit better than me. i am surprised to be honest, they have always treated me really well.
ya i wasn’t saying it just to be a dick, although alot of my posts come accross that way, it’s from personal/business dealings, and ya, our friend who lost the pic to a menu is better off to get a lawyer if he wants anything, as he wont’ get it by being a fair decent person. bad manners only knows bad manners.
