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Author Topic: My shot used for movie poster-Legal advice needed  (Read 33127 times)

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Phadrea

    This user is banned.
« Reply #75 on: May 16, 2013, 03:55 »
0
I think it would be considerably more than $28 looking at it being a movie poster. Still not heard back. Will get onto them again. I bet Bruce Willis wasn't messed about like this ;-)


ShadySue

  • There is a crack in everything
« Reply #76 on: May 16, 2013, 04:13 »
+1
I think it would be considerably more than $28 looking at it being a movie poster.
There is no EL at any of your possible agencies which has a special EL category for 'movie poster', as such, though 'goods for sale' is a different matter.
BTW, did you ever discover whether DT has an EL for large print runs?
« Last Edit: May 16, 2013, 04:18 by ShadySue »

« Reply #77 on: May 16, 2013, 06:48 »
0
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« Last Edit: May 12, 2014, 12:56 by Audi 5000 »

Poncke v2

« Reply #78 on: May 16, 2013, 09:39 »
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I think it would be considerably more than $28 looking at it being a movie poster. Still not heard back. Will get onto them again. I bet Bruce Willis wasn't messed about like this ;-)
I think a regular EL would cover it.
You dont even know the print run and the agency that sold the license.

« Reply #79 on: May 16, 2013, 09:48 »
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« Last Edit: May 12, 2014, 12:56 by Audi 5000 »

Poncke v2

« Reply #80 on: May 16, 2013, 09:56 »
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You are correct

Phadrea

    This user is banned.
« Reply #81 on: May 20, 2013, 08:19 »
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After 2 reminder emails they are silent. This is taking the Micheal. Obviously they know they are in the wrong otherwise they would have explained.

ShadySue

  • There is a crack in everything
« Reply #82 on: May 20, 2013, 08:36 »
0
.

ShadySue

  • There is a crack in everything
« Reply #83 on: May 20, 2013, 08:42 »
+2
Have you tried contacting your agencies?
You could write to each giving the date/s your image sold from them before the first date you saw it in use, and they should be able to help, and would tell you if an EL was needed.
I've read that iS tend to say to indies 'how do you know they bought it from us?', but they might help if your file had relatively few sales and you could give them a date range to check through.
Have no idea how the others react to this sort of issue, but now we can find out.

Poncke v2

« Reply #84 on: May 20, 2013, 08:54 »
0
Have you tried contacting your agencies?
You could write to each giving the date/s your image sold from them before the first date you saw it in use, and they should be able to help, and would tell you if an EL was needed.
I've read that iS tend to say to indies 'how do you know they bought it from us?', but they might help if your file had relatively few sales and you could give them a date range to check through.
Have no idea how the others react to this sort of issue, but now we can find out.
Thats what I also suggested two pages ago.

aspp

« Reply #85 on: May 20, 2013, 08:58 »
0
I will now contact the company behind this movie and try and find where they got this from.

Presumably you contacted the agency behind the promotion of the movie rather than the actual producers? :)

And you politely identified yourself formally as the author of the original work which they had used ? And you politely asked where they had bought the image ?

And that's where it is at now ?

ETA: and hopefully at this point you have not even mentioned print runs or ELs or any of that.
« Last Edit: May 20, 2013, 09:00 by aspp »

aspp

« Reply #86 on: May 20, 2013, 09:19 »
+4
Also - I don't think that basically calling them out on the Internet by naming the movie was a particularly bright idea. Since when / if they finally contact whoever they subcontracted and when they finally contact whoever they subcontracted etc (and this may take ages) ... it may well turn out that the whole thing is entirely legit.


Phadrea

    This user is banned.
« Reply #87 on: May 21, 2013, 03:49 »
0
Also - I don't think that basically calling them out on the Internet by naming the movie was a particularly bright idea. Since when / if they finally contact whoever they subcontracted and when they finally contact whoever they subcontracted etc (and this may take ages) ... it may well turn out that the whole thing is entirely legit.

You have obviously jumped to conclusions. No, I haven't contacted the movie producers, just the company who designed the poster based in London. They make A rated major movie posters which is why I am astounded at their unprofessional-ism and rudeness at not answering emails to a valid question. Finding out where they bought it from will be like finding a needle in a haystack and the microstock sites won't want to be bothered. Why should they ?

Phadrea

    This user is banned.
« Reply #88 on: May 21, 2013, 03:51 »
0
I will now contact the company behind this movie and try and find where they got this from.


ETA: and hopefully at this point you have not even mentioned print runs or ELs or any of that.

And why not ?

aspp

« Reply #89 on: May 21, 2013, 05:00 »
+2
And why not ?

Because it implies a suspicion that they are in breach of a contract which is a lousy start to any conversation.

There is a good chance that they don't need an EL for a UK only poster. The DVD has a different cover image from what I can see. Also remember that they could always upgrade the licence if the poster was suddenly in huge demand.

You should expect to wait a long time for any sort of answer. It is not worth spending much time on for the sake of perhaps $20 or $30 but most likely $0. They will likely contact the agency if they think there is a potential problem. It will take even longer if the work was subcontracted.

They are a client of the agency. From their perspective you are just some random person who has emailed them out of the blue.

Phadrea

    This user is banned.
« Reply #90 on: May 21, 2013, 05:13 »
0
And why not ?

Because it implies a suspicion that they are in breach of a contract which is a lousy start to any conversation.

There is a good chance that they don't need an EL for a UK only poster. The DVD has a different cover image from what I can see. Also remember that they could always upgrade the licence if the poster was suddenly in huge demand.

You should expect to wait a long time for any sort of answer. It is not worth spending much time on for the sake of perhaps $20 or $30 but most likely $0. They will likely contact the agency if they think there is a potential problem. It will take even longer if the work was subcontracted.

They are a client of the agency. From their perspective you are just some random person who has emailed them out of the blue.

I disagree.

Poncke v2

« Reply #91 on: May 21, 2013, 05:35 »
0
And why not ?

Because it implies a suspicion that they are in breach of a contract which is a lousy start to any conversation.

There is a good chance that they don't need an EL for a UK only poster. The DVD has a different cover image from what I can see. Also remember that they could always upgrade the licence if the poster was suddenly in huge demand.

You should expect to wait a long time for any sort of answer. It is not worth spending much time on for the sake of perhaps $20 or $30 but most likely $0. They will likely contact the agency if they think there is a potential problem. It will take even longer if the work was subcontracted.

They are a client of the agency. From their perspective you are just some random person who has emailed them out of the blue.

I disagree.
Aspp has a point tho, if you disagree or not.


« Reply #92 on: May 21, 2013, 05:57 »
+3
Good grief __ I can't believe this thread is still popping up! And this is the second thread regarding one single image sale that may ... or may not .... have required an EL.

Ridiculous. Do you realise how many more images you could have produced and how much more they might have earned you had you not spent so much of your time pursuing this? Let it go and move on.


Phadrea

    This user is banned.
« Reply #93 on: May 21, 2013, 10:11 »
+6
Good grief __ I can't believe this thread is still popping up! And this is the second thread regarding one single image sale that may ... or may not .... have required an EL.

Ridiculous. Do you realise how many more images you could have produced and how much more they might have earned you had you not spent so much of your time pursuing this? Let it go and move on.

Joe, I see where you are coming from but if we all let things go these companies would walk all over us.

« Reply #94 on: May 21, 2013, 10:20 »
+2
Good grief __ I can't believe this thread is still popping up! And this is the second thread regarding one single image sale that may ... or may not .... have required an EL.

Ridiculous. Do you realise how many more images you could have produced and how much more they might have earned you had you not spent so much of your time pursuing this? Let it go and move on.
Gostwyck, with all due respect, OP can do whatever he/she pleases do to with their time pursuing their copyright. It's up to you participating/reading this thread or not. Ignore buttons are readily available all over this forum.

I have a similar situation with a poster printing company from Australia that receives the actual printed product from Italy who claims to have "purchased" my copyright from a microstock agency.

They might have just worded it wrong, they might have purchased the required EL, they might have NOT...

The agency in question is checking on it and I think there is nothing wrong asking questions if there is something suspicious going on. I'm not claiming they're guilty but as a German saying goes:

"Trust is good, control is better!"

Phadrea

    This user is banned.
« Reply #95 on: May 21, 2013, 10:45 »
+2
Anyway they eventually got back to me so I will keep you posted.

« Reply #96 on: May 26, 2013, 03:44 »
0
I highly doubt the guys behind the movie stole your image.  In fact they are very strict about the images they use, seems like one of the agencies gave them a special deal.

Phadrea

    This user is banned.
« Reply #97 on: June 03, 2013, 14:51 »
0
And that agency has not got back to me as promised nearly 2 weeks ago. They are taking the micky and I don't find it that amusing considering what they have done. They are obviously playing for time and hoping I would go away. If they were that sure and just in what they have done they would have said so in their first email. I have sent a reminder but if I hear nothing I will seek professional advice.
« Last Edit: June 03, 2013, 14:55 by Herg »

ShadySue

  • There is a crack in everything
« Reply #98 on: June 03, 2013, 14:54 »
0
I found this over the weekend and thought of you:
http://www.huffingtonpost.co.uk/tony-juniper/spixs-macaw_b_1176844.html
"So what now? I have been in touch with lawyers in London who advised me that I need to find legal representation in Los Angeles - the city where Twentieth Century Fox have their headquarters. This has not been easy, however. All the California firms so far contacted work for Twentieth Century Fox in some way or other, and therefore are unable to represent me because of their conflict of interest. So is there a firm in LA that is able to help? I am still looking."
 >:( :( :'(
This geographic legal thing is a total scam.
« Last Edit: June 03, 2013, 15:27 by ShadySue »

gillian vann

  • *Gillian*
« Reply #99 on: June 03, 2013, 18:56 »
0
^ I wonder what happened, that was over a year ago.


 

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