Author Topic: My shot used for movie poster-Legal advice needed (Read 33657 times)

gostwyck · « **Reply #50 on:** May 06, 2013, 15:03 »

Quote from: Herg on May 06, 2013, 13:11

Still haven't heard ewt back from them. Should I be a bit more assertive ?

You're in the middle of a public-holiday weekend in many countries. Your communication could take a week just to get to the right desk of a large corporation. You need to leave it at least a couple of weeks.

aspp · « **Reply #51 on:** May 06, 2013, 15:25 »

Quote from: Xanox on May 05, 2013, 12:56

moreover, most of these micro RF images arent even registered at the USPTO so your chances of billing the infringer for a lot of money are zero.

Non US copyright owners are not required to register before bringing court action.

(Copyright registration is a scam. Copyright is protected internationally under the Berne Convention which is why most countries do not require or accommodate it).

ShadySue · « **Reply #52 on:** May 07, 2013, 05:32 »

Quote from: Herg on May 06, 2013, 14:17

To be honest it's the principle of using my image for great gain.

Looks like if sold from DT, that's what you opted for, unless someone finds that they do have a print run limit.

"But Mr Dent, the plans have been available in the local planning office for the last nine months."
"Oh yes, well as soon as I heard I went straight round to see them, yesterday afternoon. You hadn't exactly gone out of your way to call attention to them, had you? I mean, like actually telling anybody or anything."
"But the plans were on display ..."
"On display? I eventually had to go down to the cellar to find them."
"That's the display department."
"With a flashlight."
"Ah, well the lights had probably gone."
"So had the stairs."
"But look, you found the notice didn't you?"
"Yes," said Arthur, "yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard'."
Douglas Adams, H2G2

[quote from ponke]
Think of it 500.000 posters. Thats a heck of a lot. In how many theaters did Looper run? How many video stores did sell the DVD?

Number of cinema screens in the major countries: 149,676 ( I am sure it didnt run in all 149k theatres)

http://chartsbin.com/view/32k

That leaves another 350,000 posters for video stores and other purposes.

I think 500.000 posters is a lot, they might not have needed an EL.
[/quote]

I seldom go to the pictures, but as it happens I went last month.
They don't use just one poster. Outside right round the marquee is a row of many posters, however many are being shown at the time, repeated all round. Minimum of three posters, front, back and side.
Inside the cinema: one at the side telling you which cinema it's on in (in a multiplex). one above the ticket desk reminding you. One near the lift so that you know where to go. Two outside the actual cinema it's being showin in. One behind the sweet stall.

Not to mention reproductions in the cinema chain's magazine, which sometimes shows a still from a film, other times the poster, sometimes both.

So a major film will almost certainly have a print run of over 250,000 (EL needed from SS); may have a run of over 500,000 (EL needed at iS), but if sold from DT, you're screwed (unless someone discovers otherwise by means of great effort in searching out the info, which a buyer and court might consider 'unreasonable').

Still I say with the 'posters being sold all over the internet' it's a can of worms. Don't deal with that youself, but when you find out where it was sold, take it up with the agency, and don't hold your breath.

cathyslife · « **Reply #53 on:** May 07, 2013, 05:54 »

Quote from: ShadySue on May 07, 2013, 05:32

"But Mr Dent, the plans have been available in the local planning office for the last nine months."
"Oh yes, well as soon as I heard I went straight round to see them, yesterday afternoon. You hadn't exactly gone out of your way to call attention to them, had you? I mean, like actually telling anybody or anything."
"But the plans were on display ..."
"On display? I eventually had to go down to the cellar to find them."
"That's the display department."
"With a flashlight."
"Ah, well the lights had probably gone."
"So had the stairs."
"But look, you found the notice didn't you?"
"Yes," said Arthur, "yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard'."
Douglas Adams, H2G2]

Thats it, exactly! Great story, fits perfectly.

Poncke v2 · « **Reply #54 on:** May 07, 2013, 08:14 »

@ Sue, fair enough, but they also have more then one poster for the movie. And some posters are even only used in one country. A movie poster used in the USA is most of the times not the same poster as they use in Europe.

Point is, we dont know how many posters they printed and what not. As you say, if they tell the OP where they bought it, he should let the agency deal with it.

ShadySue · « **Reply #55 on:** May 07, 2013, 13:18 »

Quote from: Poncke v2 on May 07, 2013, 08:14

@ Sue, fair enough, but they also have more then one poster for the movie. And some posters are even only used in one country. A movie poster used in the USA is most of the times not the same poster as they use in Europe.

Absolutely true, I'd forgotten about that.
I should have remembered. I found (via GIS) an in-use on an audio book. I'd never heard of it, but took a screenshot anyway as I usually do and some time later my husband saw it and told me it's quite a well known book, apparently (Farenheit 451 by Ray Bradbury) - and by that time, the cover on the audio book had changed - and in fact has changed several times since.

Xanox · « **Reply #56 on:** May 07, 2013, 14:10 »

well, may this story serve as a lesson to all the RF fans.

as for RM, it's not becoming a "small niche" as many here think, sales are relatively stable, it's the sale price that is lower compared to years ago, also because they do many Bulk deals, the ones who got fockd by micros were those shooting the sort of images that are now best seller in the micro RF agencies but for anything a bit more obscure RM is still the only option.

what's worrying is that even millionaire hollywood studios are using micro images and probably also micro videos and micro audio !

gillian vann · « **Reply #57 on:** May 07, 2013, 18:32 »

Quote from: Xanox on May 07, 2013, 14:10

well, may this story serve as a lesson to all the RF fans.

as for RM, it's not becoming a "small niche" as many here think, sales are relatively stable, it's the sale price that is lower compared to years ago, also because they do many Bulk deals, the ones who got fockd by micros were those shooting the sort of images that are now best seller in the micro RF agencies but for anything a bit more obscure RM is still the only option.

what's worrying is that even millionaire hollywood studios are using micro images and probably also micro videos and micro audio !

I thought you said earlier you'd turned over a new leaf and weren't going to be the RM fanboy, especially here?

Phadrea · « **Reply #58 on:** May 09, 2013, 05:30 »

well they have still not replied.

cathyslife · « **Reply #59 on:** May 09, 2013, 06:20 »

Quote from: Herg on May 09, 2013, 05:30

well they have still not replied.

But it was a while ago...they might have to track down the transaction.

aspp · « **Reply #60 on:** May 09, 2013, 07:51 »

Quote from: Herg on May 09, 2013, 05:30

well they have still not replied.

From their perspective it would be for the agency they licensed it from to contact them if there is an issue with the use. They are a customer of the agency and not the artist. The whole point of agencies is to intermediate between artists and end users. If an end user licenses an image they are not going to be expecting to be contacted by the original artist. IMO this is a good example of why image exclusivity makes sense.

Phadrea · « **Reply #61 on:** May 10, 2013, 09:46 »

2nd email sent and again no response. Obviously they realize that they are perhaps in trouble and hoping I will go away.

luissantos84 · « **Reply #62 on:** May 10, 2013, 10:17 »

Quote from: Herg on May 10, 2013, 09:46

2nd email sent and again no response. Obviously they realize that they are perhaps in trouble and hoping I will go away.

or they still haven't seen it, remember who you are trying to contact, its not a stock buddy

Phadrea · « **Reply #63 on:** May 10, 2013, 10:26 »

I know, a company that makes posters. What makes them so special ?

ShadySue · « **Reply #64 on:** May 10, 2013, 10:28 »

Quote from: Herg on May 10, 2013, 09:46

2nd email sent and again no response. Obviously they realize that they are perhaps in trouble and hoping I will go away.

Maybe the office junior who answers emails has just deleted them.

tickstock · « **Reply #65 on:** May 10, 2013, 10:28 »

Microbius · « **Reply #66 on:** May 10, 2013, 11:52 »

When I contacted a company in a similar situation it took about 3 weeks for a response and it was a letter not an email, even though my question was emailed. Big companies take time to get a response together.

Poncke v2 · « **Reply #67 on:** May 10, 2013, 11:53 »

Quote from: Herg on May 10, 2013, 09:46

2nd email sent and again no response. Obviously they realize that they are perhaps in trouble and hoping I will go away.

If you dont know where they got it, they might not reply to you at all and keep you guessing. As long as you dont know where they got it, you cant take action. What you can do is write all the agencies and ask them if that company bought that image from them.

luissantos84 · « **Reply #68 on:** May 10, 2013, 11:56 »

Quote from: ShadySue on May 10, 2013, 10:28

Quote from: Herg on May 10, 2013, 09:46
2nd email sent and again no response. Obviously they realize that they are perhaps in trouble and hoping I will go away.
Maybe the office junior who answers emails has just deleted them.

that or maybe they opened it and said oh man maybe next year, a week ain't much for a company, I do reply to an email in less than 1 day sometimes 10 minutes but some people are really busy, making a conspiration of everything ain't the solution

ARTPUPPY · « **Reply #69 on:** May 10, 2013, 16:05 »

The best way to get a reply is to send a registered letter to the person(s) in question. This may help lead you to who designed it: Zachary Johnson - the director's cousin http://flavorwire.com/332530/behold-the-first-official-animated-gif-movie-poster and his website is here: http://thezacharyjohnson.com/ Seems like this would all be done "in-house" to lower production costs.

My guess? They bought the image and didn't really think about extended license. Not sure if you're going to get your microstock supplier on your side since it's bad optics. They all need the business and are probably not going to raise a stink. I would talk to the guy who sold his image on the cover of Time magazine and see what he got in the end. http://www.istockphoto.com/forum_messages.php?threadid=87339

ShadySue · « **Reply #70 on:** May 10, 2013, 16:10 »

Quote from: ARTPUPPY on May 10, 2013, 16:05

My guess? They bought the image and didn't really think about extended license. Not sure if you're going to get your microstock supplier on your side since it's bad optics. They all need the business and are probably not going to raise a stink. I would talk to the guy who sold his image on the cover of Time magazine and see what he got in the end. http://www.istockphoto.com/forum_messages.php?threadid=87339

Time magazine played the 'ignorance' card a second time with an iS image by our own Stacey, and IIRC she eventually got the value of the EL she should have got.

ShadySue · « **Reply #71 on:** May 10, 2013, 16:16 »

Quote from: Herg on May 10, 2013, 09:46

2nd email sent and again no response. Obviously they realize that they are perhaps in trouble and hoping I will go away.

Several years ago, I was in a shop of a semi-upmarket UK chain.
In one of the cabinets I saw for sale shaving brushes with ivory handles.
It had been illegal to sell ivory in the UK for a number of years before that, unless it had a provenance dating it to before a certain date.
I looked at the assistant, who looked about 16 and realised there was no point taking the matter up with her, though she did assure me it was 'real ivory' when I asked.
I wrote to their head office, and didn't hear back. However, the next time I was in the shop, the offending articles weren't there. Way before phone cams, so I had no proof to take it up elsewhere.
Several months later, I got a letter back from their HO telling me I would be pleased to know that all of their ivory products were now (sic) faux-ivoire.
All this just to let you know how long these things can take.

Phadrea · « **Reply #72 on:** May 14, 2013, 02:09 »

I got a reply after sending the email again. They asked what image am I referring. I sent them the evidence. They have again gone silent. I wonder if they are stalling me.

gillian vann · « **Reply #73 on:** May 14, 2013, 06:11 »

they're reading the fine print in their license and wondering if they've breached it...

tickstock · « **Reply #74 on:** May 14, 2013, 07:10 »

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Author Topic: My shot used for movie poster-Legal advice needed (Read 33657 times)

gostwyck

aspp

ShadySue

cathyslife

Poncke v2

ShadySue

Xanox

gillian vann

Phadrea

cathyslife

aspp

Phadrea

luissantos84

Phadrea

ShadySue

tickstock

Microbius

Poncke v2

luissantos84

ARTPUPPY

ShadySue

ShadySue

Phadrea

gillian vann

tickstock

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