My Client Stole My Images!

[Sean AJ Simmons]

Im looking for ideas on how best to handle this situation. Here is my dilemma, an Ad manager for a firm handling advertising contacted me about the following. I Was hired to shoot brochure ad images for a new multi million dollar RV park / casino owned by a native band. Took a day to shoot and process images from some preliminary scouting while the project was under construction. Weather had delayed the project completion so the grand opening had been pushed back a couple times. A week before the opening I was contacted by the agency manager who was very apologetic, but they were made to rescind the job offer. They were told that they would need to hire someone from within the native band. She informed me they were very disappointed in the decision but they're hands we're tied. They offered to pay my day rate for the previous shoot along with all expenses. That's fine with me I understand I said. I had set up a client gallery on my website for them to view the images shot on the scouting shoot. Upon visiting they're website today I discovered that they have used several of my images from other galleries on my site for they're website design!!! Not even related to the RV park!? They even went so far as to give me credit on the home page for the unauthorized images!!!!
Well I am sending them a bill for the agreed to terms but what should I do about this!?

[Marko]

This crap gets me hot and bothered.
You should add WHATEVER amount you feel is reasonable for their using your images on the website (in potential perpetuity).
Include that with the bill.
Don't ask. Bill them. They didn't ask when they used your images without your permission did they?
They may feel that they have the right to images since they've paid you your day rate...and that's nonsense.

IMMEDIATELY take screenshots of the pages where they have stolen your images. Yes, stolen.

They are a casino with jillions of dollars at their disposal. Should be a non issue for them to pay your additional reasonable rate....and if it is.....small claims court....or they take your images down.
Here in QC - it goes to 7500. at small claims court and if it goes that far....they will lose.
Theft is still illegal all over canada. This is theft. Copyright stays with with photographer in Canada.
These images belong to you and only you.

Hope that may help...and it's just my opinion but that's exactly what I would do. Good luck!

[Iguanasan]

Ditto!

This crap gets me hot and bothered.
You should add WHATEVER amount you feel is reasonable for their using your images on the website (in potential perpetuity).
Include that with the bill.
Don't ask. Bill them. They didn't ask when they used your images without your permission did they?
They may feel that they have the right to images since they've paid you your day rate...and that's nonsense.

IMMEDIATELY take screenshots of the pages where they have stolen your images. Yes, stolen.

They are a casino with jillions of dollars at their disposal. Should be a non issue for them to pay your additional reasonable rate....and if it is.....small claims court....or they take your images down.
Here in QC - it goes to 7500. at small claims court and if it goes that far....they will lose.
Theft is still illegal all over canada. This is theft. Copyright stays with with photographer in Canada.
These images belong to you and only you.

Hope that may help...and it's just my opinion but that's exactly what I would do. Good luck!