When you invoice someone for using your photo without permission, and they very politely write back with a justifiable request that you prove you're the owner, and an offer to work things out to get them resolved, how do you prove it?
When you invoice someone for using your photo without permission, and they very politely write back with a justifiable request that you prove you're the owner, and an offer to work things out to get them resolved, how do you prove it?
Do you have the original unedited image? Or, better yet, a raw file as well? Nobody else is likely to have either of those. Additionally, if you have other images of the same subject, from the same scene, shot at the same time, that would help as well.
ETA: dang! Those were some fast replies. Looks like I Yanko'd all over myself. ;-)
You very politely inform them that you: a) have the original file from your camera, b) have similar, non-published images in your archive and c) you have the images registered with the copyright office.
It's the first time it's happened to me. But if I were in this guys shoes, I'd be asking the same question.
What is the photographer to do, hold up a printout of some possibly fabricated EXIF with the camera serial number highlighted, while holding the camera and somehow showing it's possibly fabricated serial number while holding today's newspaper?
I wouldn't want to send original files to anyone. I could send a heavily-watermarked full-size, or a small crop at full size.... ?
why do you have to prove your the photo owner you have that information i would think they would have to prove they are the owner if it goes to court. just have a lawyer ask them for proof with the stipulation that if they can't prove ownership you will sue them. bet you they start talking money pretty fast then.
Tell them you have the original file--best if it's RAW. With EXIF.
And you have the rest of the series shot at the same time, also corroborating.
But don't send them anything, you can get someone to witness it if you want, and have it signed.
You'll sign an affidavit of authenticity.
Then tell them anything beyond that you'll be happy to discuss in court.
Disclaimer: I'm not a lawyer, and I don't play one on TV.
You very politely inform them that you: a) have the original file from your camera, b) have similar, non-published images in your archive and c) you have the images registered with the copyright office.
I still have the three RAW files I used to make the photo, an HDR, though you wouldn't realize it by looking at it.
I wrote him back to let him know that, and offered a small crop of a detail not possible from the sized-down version his designers lifted. We'll see what he says, he sounds pretty reasonable from his first email. My email, while cordial, wasn't that polite.
Scroll down a bit, it's the night skyline, which now has some text on it RE 3M night vision window film. Sadly, the quality is horribly degraded compared to my original.... and they pasted over the reflection!
I still have the three RAW files I used to make the photo, an HDR, though you wouldn't realize it by looking at it.
I wrote him back to let him know that, and offered a small crop of a detail not possible from the sized-down version his designers lifted. We'll see what he says, he sounds pretty reasonable from his first email. My email, while cordial, wasn't that polite.
I bought 3 3tb drives in the spring when they were $129 each but even now you can get them for about $200
I still have the three RAW files I used to make the photo, an HDR, though you wouldn't realize it by looking at it.
I wrote him back to let him know that, and offered a small crop of a detail not possible from the sized-down version his designers lifted. We'll see what he says, he sounds pretty reasonable from his first email. My email, while cordial, wasn't that polite.
I bought 3 3tb drives in the spring when they were $129 each but even now you can get them for about $200
I save everything. I plan on spending my senile, invalid years, watching my slide shows and videos.... and peeing in a bag.
You very politely inform them that you: a) have the original file from your camera, b) have similar, non-published images in your archive and c) you have the images registered with the copyright office.
And if you didn't register it when you created it...do it now. I don't know how it is up north, but here in the US, there are benefits if it's registered at the time of infringement, but if it's not, there are still good reasons to register it ASAP.
You very politely inform them that you: a) have the original file from your camera, b) have similar, non-published images in your archive and c) you have the images registered with the copyright office.
And if you didn't register it when you created it...do it now. I don't know how it is up north, but here in the US, there are benefits if it's registered at the time of infringement, but if it's not, there are still good reasons to register it ASAP.
Canadian copyright laws are VERY friendly to the photographer, really no use to register unless you want to spend some extra time & money.
I mainly use DPP for handling my RAW files. So go to the programme that handles your RAW files and take a screen-shot of your raw thumbnails of that shoot and then Watermark the screen-shot with your name and do a SFW before sending it to them. That is proof in itself that you can show them all the consecutive numbers around that photo. Being a watermarked and small res screen-shot means they can't do much with it. Your originals will be protected. Also tell them the size of the original but don't tell them the exact time it was taken (make sure that info is not visible on the screen-shot). If it goes to court and your lawyer asks them what time their copy was taken...they won't be able to answer...where as you can and you have the proof. Signed, sealed and delivered.
Well, you've already taken action, but I would have first asked him what he considered "proof".
His idea of what constitutes "proof" isn't really important, it's how the law interprets it.
It's probably easiest to try to convince the guy without resorting to the legalese, but one could just as easily ask him to show he legitimately licensed the rights to the photo.
