Frustrated with club owner

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jmarcus

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I found one of my photos in a widely subscribed coupon email a few weeks ago. I had posted the picture on my facebook account and tagged the band and the club. When I wrote to the club owner about using my photo without permission, they wrote back and said since I took the picture in their club it was their intellectual property. I have done a bit of reading on this subject and its my understanding that it is not their intellectual property.

Please comment.
 
A little ridiculous? He didn't commision you to photograph and even if it is rights might be evenly distributed...

If all pics made in the club are his property he can then use any mobile picture made by young drunk teens without fear of lawsuit.. PTA PETA and whatever.

But if it is not damaging then let it be. Or kindly ask him to stop using requested by the maker of the picture... Keep the email that he said that it is his "property" so that any disputes in the future don't get directed back to you. He sounds sneaky.
 
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he is clearly stating that he has no idea what "intellectual property" is.

write a very clear and concise cease and desist letter and tell him to google the "berne convention".
 
Pay a lawyer to write him a letter explaining the LAW to him (he has zero rights to your photo no matter where you took it) and further explaining that he owes you $500 for use of the photo plus whatever the lawyer tacks on for his fee. He'll pay. Fast.
 
Do you want to shoot there again? Or go back to the club?

Before getting combative, can you turn this into a relationship instead?
 
Brian Legge said:
Do you want to shoot there again? Or go back to the club?

Before getting combative, can you turn this into a relationship instead?
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Impossible at this point. The owner of the club has used the pic without permission, then basically told the OP to f-off and even claimed ownership of the image in direct contradiction to the law. The only option is to bring him to heel by force of the law, he will not respect this photographer's rights or anyone else's if he is not confronted. I'm a professional photographer, I speak from experience. This isn't just about the OP's photo. This club owner will do this to others if no one has the courage to do the right thing.
 
Ok, of the OF will go the "lawyer route" he could be also legally attacked for photographing in a private are (the club) without a permission, or not?

If I were OP I would pursue the club owner, but first check whether he could fight back ...
 
Seriously, it is not the OP's job to stop the evil empire...... Bringing in a lawyer? How much will that cost and what are the chance to get money?
 
Meh, give him a call and work something out, he obviously likes your work so you may be able to reach a compromise.
 
the club had the right to refuse you entrance with a camera, or to ask you to not take photos when they saw you doing so, if they didn't do that they don't have a leg to stand on.

It's a frustrating situation, I had it happen with a painting of mine that someone shot an album cover in front of, even though 75% of the cover was my painting and the graphic design of the inserts used elements from the painting, they insisted that the photo was of the band.

In the end I didn't bother with a lawyer, because personally I stood to gain nothing from the situation and more likely than not I wouldn't have received any compensation even if the court ordered it. That and by the time I saw the album it had been out for a year, so the damage was already done.

--

Another incident was with a client of my business, who as they are still a client will remain nameless, however they took an image from a year end report we prepared for them and used it in a national business to business campaign for a sporting goods retailer. While they admitted to "making a mistake" it actually went to the stage where lawyers were involved - their argument was that because the photo was taken of an athlete they sponsor, the image was rightfully theirs, obviously it didn't hold up for very long and they ended up paying about 4 times what they would have if they had simply asked for the rights.

I don't know what I recommend in this situation, in principle I say go after them with everything you've got. It's disheartening that he didn't offer some kind of compensation or correction, even if it was simply photo credit on facebook.

Sounds like a lame club (owner).
 
Chriscrawfordphoto said:
He's already done that, there is not going to be a compromise. Please READ the original post.
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I did, he wrote to the club which is not the same as calling either on the phone or in person.

Edit: I work with/have worked for some of the UK's leading club owners and promoters, if you want some impartial advice without the 'thread police' interjecting drop me a PM.
 
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_mark__ said:
Meh, give him a call and work something out, he obviously likes your work so you may be able to reach a compromise.
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+1

Don't escalate the dispute until absolutely necessary. Bringing in lawyers will bring the dispute to a new level; if the club owner is defensive aggressive, you are likely to end up in a legal battle with no winners (except, possibly, the lawyers).

Solve the dispute with as little effort and aggression as possible.

Just my 2c

PS: I'm a lawyer, working, amongst other things, with intellectual property rights; go on flame me, you know you want to :D
 
I’m all for calling the guy and trying to work something out if you want to shoot in the club again. Failing that, find a lawyer in MA who can fire off a cease and desist letter to the club owner. I would be very surprised if you can get some money out of the club owner but you might was well throw in a demand. $500 sounds about right to me.

Unless you’ve got lots of money I wouldn’t spend much money on this.
 
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