Don't give your images away!

[7mmfan]

I've had 3 of my personal photos that were shared for personal use with an ex employer show up all over the internet and have been seen in various publications. Chaps my hide that I was to naïve to see it before it happened.

Did you photograph the images while at work/getting paid? if so, they may own the images   

Technically yes, but as an independent subcontractor. Never signed a contract.

[grade-creek-rd]

Bean...my point was after the fact, that the company or media publication have already used the photo and obtained it from a source that didn't have the right to provide it to them (or they flat out stole it somehow) and your choices at that point are to do nothing and get nothing or send the invoice and demand payment as you still retain all rights. Let them circle the wagons (they already know they got the image free and shouldn't have) and hopefully offer at least something...if you don't like the offer then deny it and again, send the invoice for the worth you put on the image (and send a cease and desist letter). This idea though of "thousands of dollars lost" (pope mentioned this) is a farce as cover shots (on hunting magazines) go for from $50 to a couple of hundred...not "thousands" (they used too, but I totally agree the giving away of photos has flooded the market and decreased the market value of all photos).

Grade

[grade-creek-rd]

By the way...the only time I've ever had to do this I just mentioned a Cease and Desist Letter to the company and they backed way off...almost like, "crap, you know what your talking about..." My scenario was slightly different, not only was a publication re-selling/re-using-re-distributing my photos but also articles and my agreement with them was "one time rights". It was a short discussion on what "one time rights" meant and the activity was stopped. I wouldn't have even known about it until one of the employees talked about how popular my stuff was becoming in a different region from another publication they traded my stuff for to gain advertising in that other region publication...I was not happy about it!

Grade

[Bean Counter]

Well I'm no attorney myself. I suppose there's a lot of ways one can respond and the type of use and attitude of the infringer would dictate a lot of my response.

I'll bump this one more time and implore everyone who shoots photos to watch it. Despite its length, the attorney breaks down this discussion point by point and the financial and legal ramifications thereto. Copyright laws are federal laws, ergo copyright infringements are federal cases, so you don't have to worry about whether his advice is applicable to your jurisdiction.