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Old 09-14-2007, 04:40 PM   #1
Franca
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A friend just told me a "no good deed goes unpunished" sort of tale. A friend of hers who knew that she took lots of horse photographs told her that a niece was taking an art class and needed some horse images to use as reference for an assignment. So my friend, thinking nothing of it, handed over several photos. She has since found out that the niece copied them (virtually unchanged) onto canvas and is now selling the paintings and giclee prints of them! I have seen the artist's site and I've seen my friend's photos, and they are - no question - the same. Without going into the details, it's clear that the niece knew what she was doing, and knew that two of the three photos that have shown up as paintings are of my friend's own highly recognizable filly.

What do you all think her next step should be? She's one who would want to take the least confrontational approach first, and she's not greedy. But she is, understandably, quite unhappy that she wasn't consulted about what was really happening with her photos and that someone else is now making some money off of them. Probably not a whole lot of money, but still ... however much her share would be, she could surely use it right now.

All ideas welcomed.

   
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Old 09-14-2007, 04:47 PM   #2
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She owns the rights, and all the derivative rights, so she has legal clout.

But it is her niece, so you would think a word in the ear would suffice. She shouldn’t have to sue her! It would cost both of them some money, not to mention the family tensions.

No useful advice, actually.

   
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Old 09-14-2007, 05:58 PM   #3
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Quote:
Originally Posted by ktinkel View Post
But it is her niece, so you would think a word in the ear would suffice.
But as it's the photographer's friend's niece, not the photographer's niece, there's no family to offend, just a friend...
I'd suggest that she offer to license the use of the photos for either a once-off fee, or an agreed percentage of each sale, with the usual business arrangement of having the sales audited. That way she doesn't stop the girl's enterprise, but teaches her a valuable lesson for the future.

   
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Old 09-14-2007, 08:15 PM   #4
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Subtlety? Look up a few of the news stories about our buddy Mike Cowpland's escapades and send printouts of same?

   
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Old 09-15-2007, 07:20 AM   #5
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But as it's the photographer's friend's niece, not the photographer's niece, there's no family to offend, just a friend...
I'd suggest that she offer to license the use of the photos for either a once-off fee, or an agreed percentage of each sale, with the usual business arrangement of having the sales audited. That way she doesn't stop the girl's enterprise, but teaches her a valuable lesson for the future.
Makes sense to me, but it would depend on the relationships involved, practically speaking.

   
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Old 09-15-2007, 12:14 PM   #6
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How incredibly tacky!!! Unless she's registered the copyright on those photos, she will not be able to get anywhere legally but she doesn't have to tell this nasty, rude kid that...

If she has registered the images, then she could sue...

I'd certainly pursue getting payment for use and some sort of ongoing percentage of sales--and make that a really long time for the percentage to teach this twit a lesson...

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