MicrostockGroup
Microstock Photography Forum - General => General Stock Discussion => Topic started by: ajalbert on August 08, 2013, 20:32
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I'll take as much help on this as anyone is willing to give me. Here's the deal: The other day I walked into the Bed Bath and Beyond (BBB) in Madison, WI (no eye rolls please...we really needed a shower curtain). And there hanging on the wall as a canvas wrap for sale were several copies of my HDR stock image of the state capital building here in Madison. I looked back through the sites I sell images on and saw that the particular capital image had been sold on SS, Deposit Photos, and Graphic Leftovers. I have read through the license agreements at these sites and as best as I can tell, direct reproduction for resale is a no-no. Not to take myself too seriously but that particular image has been a money maker for me as a fine art piece here in town- the university purchases several signed prints every semester for graduating medicine fellows. I only mention that because it seems like the draw of a piece from a local artist could be effected by the same image for sale at Bed, Bath and Beyond. Anyway, first of all I'm happy to report that my wife and I did in fact find the perfect shower curtain but now I'm wondering how to proceed. I think I need to first find out who is selling the images to BBB but then what? Any suggestions would really be appreciated. Thanks in advance! Andy
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I would immediately contact corporate and inform them that they do not have the right to sell your image.
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I will certainly be in touch with someone (likely the local buyer since its a local image) from Bed Bath & Beyond, but this seems like it could be an opportunity...since the image is being sold (presumably illegally...) at a big box store, perhaps going after the company distributing it could have more teeth. Just thinking out loud here...I know many of our images get used beyond what we're paid for and it would just be nice to really nail someone for it. This of course is assuming there isn't some kind of provision in this thing in the license.
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Any suggestions would really be appreciated. Thanks in advance! Andy
Make sure you buy a copy for your bathroom.
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I would Leo, but they're going for 100 bucks!
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I would Leo, but they're going for 100 bucks!
WOW! That a huge complement to you!!!
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if there is a possibility of some sort of lawsuit, watch what you say/type online. ;)
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I'll take as much help on this as anyone is willing to give me. Here's the deal: The other day I walked into the Bed Bath and Beyond (BBB) in Madison, WI (no eye rolls please...we really needed a shower curtain). And there hanging on the wall as a canvas wrap for sale were several copies of my HDR stock image of the state capital building here in Madison. I looked back through the sites I sell images on and saw that the particular capital image had been sold on SS, Deposit Photos, and Graphic Leftovers. I have read through the license agreements at these sites and as best as I can tell, direct reproduction for resale is a no-no. Not to take myself too seriously but that particular image has been a money maker for me as a fine art piece here in town- the university purchases several signed prints every semester for graduating medicine fellows. I only mention that because it seems like the draw of a piece from a local artist could be effected by the same image for sale at Bed, Bath and Beyond. Anyway, first of all I'm happy to report that my wife and I did in fact find the perfect shower curtain but now I'm wondering how to proceed. I think I need to first find out who is selling the images to BBB but then what? Any suggestions would really be appreciated. Thanks in advance! Andy
to me it looks like there's ground for a lawsuit but it all depends on how much the judge thinks the damage you had is worth it in actual dollars, as it could backfire once they see the image is on sale for 1-2$.
the maximum amount for copyright infringement is 150,000$ if i'm not wrong, but i've never heard of photographers getting more than a few 1000s, in your case they could decide 100$ is more than enough considering the photo is sold for a pittance, who knows, anything goes in these cases unless there are expert IP lawyers involved.
and the shop of course will say they know nothing and they will blame the manufacturer.
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Yeah, but the canvas is being produced without permission and it is taking away from sales he makes locally. Maybe taking away hundreds of thousands of sales. i.e. Why would the school buy prints when the student can go to b&b and buy it himself? Why would anyone buy a signed print when they can get a stretched canvas down the street?
ajalbert, I was in the Dells just last week and "Madison" kept coming up on the roadsigns, I had to tell my husband the story about my neighbor's kid - Madison - who got her name because she was conceived in Madison WI.... we are in Manitoba Canada - so yes, Madison is exotic lol.
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I would first check (and double check) that you have NEVER sold any EL for this image.
I am in the same situation : found an image sold on canvas at "Maison du Monde", but this image has sold several times as an EL, so I have to assume one of them was bought by Maison du Monde.
Second, I would write them a letter telling them they do not have the license to sell this image on canvas, and you want them to stop selling it immediately + buy the necessary license from you (directly?) + pay you XX $ per sold canvas. And finally you can suggest that - if they want to continue to sell it, they can pay an additional XXX $. If you keep the amounts reasonable, they might want to pay instead of go to court?
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Thanks everyone. I failed to mention in my original post that after looking through my sales history for this image, there were no extended licenses purchased. I will be talking to BB & B in the next couple of days and I'll report what happens.
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You may want to talk to an attorney first like Ed Greenberg or Carolyn Wright. If you take the wrong steps you could compromise your ability to take legal action.
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I'd take your camera in store and photograph the canvas for reference. Best to keep some evidence in case...
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I'd take your camera in store and photograph the canvas for reference. Best to keep some evidence in case...
Do it on the sly with a cellphone otherwise they might call security. :)
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Is it available on their web site under "wall art"?
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I sell t-shirts that a friend of mine designs (fishboy.com) with funny fishing designs. Visiting my parents in CT one night I nearly hit the floor when I saw them selling $5 t-shirts and hats with one of our designs on it.
We sent the owner a letter. They apologized and blamed it on their designer and we settled on $800.
But everytime I go to that restaurant they are selling shirts based on well known copyrighted designs. Obviously they didn't learn a lesson as they have sold rip offs of Peace Frogs and other popular t-shirts.
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You may want to talk to an attorney first like Ed Greenberg or Carolyn Wright. If you take the wrong steps you could compromise your ability to take legal action.
I can't +1 this comment enough.
Please, please, please, talk to an attorney before you contact the store.
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And out of curiosity, how much would be the cheapest an attorney would talk to you and give advice?
You may want to talk to an attorney first like Ed Greenberg or Carolyn Wright. If you take the wrong steps you could compromise your ability to take legal action.
I can't +1 this comment enough.
Please, please, please, talk to an attorney before you contact the store.
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You may want to talk to an attorney first like Ed Greenberg or Carolyn Wright. If you take the wrong steps you could compromise your ability to take legal action.
I can't +1 this comment enough.
Please, please, please, talk to an attorney before you contact the store.
Why do you say this?
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You may want to talk to an attorney first like Ed Greenberg or Carolyn Wright. If you take the wrong steps you could compromise your ability to take legal action.
I can't +1 this comment enough.
Please, please, please, talk to an attorney before you contact the store.
Why do you say this?
We're talking about a huge company here, blatantly violating a license and selling a photographer's work, for $100 per product no less. The photographer likely has rights to compensation in this sort of matter, maybe significant compensation, but only if they follow the proper course and get an attorney involved.
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ugh, it's our worst nightmare, and another reason to take these bestsellers and only put them in one place, that you trust.
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ugh, it's our worst nightmare, and another reason to take these bestsellers and only put them in one place, that you trust.
Which in this day and age seems like nowhere. :(
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I would go back to the store and take photos of your image, if possible videotape as well. Also, I would go to other BBB stores to look for more evidence. Check their website as well and do a screen shot before they take it down. And yes, and talk to attorney before you talk to BBB.
Good luck!
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So here's where I am with all of this: I have contacted the three sites that sell this image and have gotten emails back from both SS & GL assuring me that no EL have been sold (on that topic, the customer service was great at both of these sites....).If the third site confirms I will consult with a lawyer who specializes in these things (I have one line up already). To answer a previous question, I'll be popping $100.00 up front for the consultation (this is why I want to make absolutely certain I didnt sell an EL of the image). I also photo-documented the image for sale at Bed Bath and Beyond and I even (and I cant believe I did this) purchased one, just so I had more evidence (I've clearly watched too many Law and Order reruns). Interested in doing something that makes you sick? Pay $100 to purchase your own image! I'll keep everyone updated. Oh and on another note, the local Bed Bath and Beyond TV commercial welcoming students back to the university sowed my image!
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Oh and on another note, the local Bed Bath and Beyond TV commercial welcoming students back to the university showed my image!
More great evidence if you can catch and record it!
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So here's where I am with all of this: I have contacted the three sites that sell this image and have gotten emails back from both SS & GL assuring me that no EL have been sold (on that topic, the customer service was great at both of these sites....).If the third site confirms I will consult with a lawyer who specializes in these things (I have one line up already). To answer a previous question, I'll be popping $100.00 up front for the consultation (this is why I want to make absolutely certain I didnt sell an EL of the image). I also photo-documented the image for sale at Bed Bath and Beyond and I even (and I cant believe I did this) purchased one, just so I had more evidence (I've clearly watched too many Law and Order reruns). Interested in doing something that makes you sick? Pay $100 to purchase your own image! I'll keep everyone updated. Oh and on another note, the local Bed Bath and Beyond TV commercial welcoming students back to the university sowed my image!
Well hopefully you will be getting that back + lots more.
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Attorney first, ask questions later ;)
Good call purchasing the image and having a receipt.
Are there any more BBBs in your area?
Where I live I have 4 of them in a 30 minute radius. I'd check other stores as well.
I'd love to hear the outcome of this although BBB will put a muzzle on you after settling.
I can't see them (trying) to get away with this or taking this into litigation.
Best of luck and congrats on the new shower curtain!
(http://images.zaazu.com/img/beer-cheers-beer-male-smiley-emoticon-000175-medium.gif)
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I experienced once a similar situation.
K-mart was selling framed pictures with one of my wolf images. They purchased them from a high-volume framing factory, who unknowingly bought unauthorized / stolen images from a shady print salesman. First, I wrote a letter to K-mart about the unauthorized image use, who referred me to the framing factory and then I met with the factory owner who was very cordial and quite embarrassed by that situation, so we were able to work out a deal in a civilized manner without involving any lawyers to compensate me, let K-mart sell the remaining pictures, and the factory was able to keep K-mart as their customer.
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So here's where I am with all of this: I have contacted the three sites that sell this image and have gotten emails back from both SS & GL assuring me that no EL have been sold (on that topic, the customer service was great at both of these sites....).If the third site confirms I will consult with a lawyer who specializes in these things (I have one line up already). To answer a previous question, I'll be popping $100.00 up front for the consultation (this is why I want to make absolutely certain I didnt sell an EL of the image). I also photo-documented the image for sale at Bed Bath and Beyond and I even (and I cant believe I did this) purchased one, just so I had more evidence (I've clearly watched too many Law and Order reruns). Interested in doing something that makes you sick? Pay $100 to purchase your own image! I'll keep everyone updated. Oh and on another note, the local Bed Bath and Beyond TV commercial welcoming students back to the university sowed my image!
Thank you so much for answering my question. I also wish you all the best in getting back what you deserve. Hope you could keep us updated all the way until the settlement (in case they force you to keep quiet about it afterwards).
Thanks.
Wow... buying your own image at $100... :) You're really going all out on this one... :)