HELP please - Someones used my images to advertise their services

AshleyKent

AshleyKent

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Name
Ashley
Edit My Images
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Hello everyone, dont normally use this site too much anymore as not many replies but hoping you guys can prove me wrong :D

Right so anyway... did a wedding back in September 2012, awesome time got some amazing photos. This is the situation:

Before the wedding... Videographer approached me as he has a client for a wedding that involves a wedding photographer and he liked my images so i hooked up with him. He pays me for a day cant remember a price, its somewhere under £250 i believe. He wants all of the raw images, which was fine as he needs them to edit for the clients package (which i dont know a price of). As hes busy with the video we agreed to me editing some images, I then edited loads of images around 400 to be exact and he offers me £50 by this time he has all of them :/ (still havnt been paid the 50).

Now he is using the images on his website offering wedding photography and video... I can see well over 20 of my images on there and only half a dozen of his. He hasnt told me hes using them. Also on videos trailers my still images are being used along with "want my services" refering to him.

Where do i stand? keeping this brief at the moment.
 
Did you have a written contract or a verbal one? Was there any mention of who is working for who as if you were shooting for him under his name then he owns copyright.
 
Well tbh Ashley it all seems a bit vague to me, best advise would be treat this as a £50 lesson in how not to go about earning money, and avoid getting involved with this guy again :thumbs: Hope that is brief enough for you?
 
AshleyKent said:
Hello everyone, dont normally use this site too much anymore as not many replies but hoping you guys can prove me wrong :D

Right so anyway... did a wedding back in September 2012, awesome time got some amazing photos. This is the situation:

Before the wedding... Videographer approached me as he has a client for a wedding that involves a wedding photographer and he liked my images so i hooked up with him. He pays me for a day cant remember a price, its somewhere under £250 i believe. He wants all of the raw images, which was fine as he needs them to edit for the clients package (which i dont know a price of). As hes busy with the video we agreed to me editing some images, I then edited loads of images around 400 to be exact and he offers me £50 by this time he has all of them :/ (still havnt been paid the 50).

Now he is using the images on his website offering wedding photography and video... I can see well over 20 of my images on there and only half a dozen of his. He hasnt told me hes using them. Also on videos trailers my still images are being used along with "want my services" refering to him.

Where do i stand? keeping this brief at the moment.
Click to expand...

What did the contract between the two of you state the photos could be used force, I'd say because he hired you to work under his company umbrella it's a bit of a grey area as to if he can used the photo, more than anything it's a ethical thing about well he didn't shoot the photos he's using to advertise his service well not 100% of them but then look at some of the larger studios that employ a few photographer if one leaves there not going to remove the photos shot by that photographer from there advertising just because that person is no longer shooting for them.

Soa what did you contract say?
 
i guess i was working for him but on a verbal agreement, nothing was written.

Just seems odd him offering his services with my images
 
What they said.
If you work contracted to someone else, they generally own copyright. But it's really something you should have understood from the start.

Now, if he's planning to use your services again, using your images in his advertising is absolutely legitimate ( advertising the standard he'll be supplying) but if he's using your images to lure punters and then supplying other worse photographers, that's a bit off. But nothing to do with your copyright.

In short, before you start charging for your services, make sure you understand all the implications. Don't wait till you think you've been ripped off before you ask for advice.
 
Phil V said:
What they said.
If you work contracted to someone else, they generally own copyright. But it's really something you should have understood from the start.

Now, if he's planning to use your services again, using your images in his advertising is absolutely legitimate ( advertising the standard he'll be supplying) but if he's using your images to lure punters and then supplying other worse photographers, that's a bit off. But nothing to do with your copyright.

In short, before you start charging for your services, make sure you understand all the implications. Don't wait till you think you've been ripped off before you ask for advice.
Click to expand...

Such a good reply! ill take that into consideration when doing this again. or not again as the case may be. I just dont like to see my quality associated with something of a poorer quality that is all. I believe it was his aim to do alot of wedding fairs - therefore it wont be rare to see my images on his stand
 
Just to clear up one small point...

If the contract was verbal, then Ashley owns the copyright- full stop.

Copyright must be assigned in writing if it is to pass to another party and that includes being employed (it should be in the written employment contract).


As for what to do in this situation, I'd echo what Phil says. If he's going to reuse you then it's a good thing, if not it's a bit OTT.

Having said that I'd only actually ask him to take the photos down in this case rather than try to bill him for usage.



Moral of the story - get a written contract.
 
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