2 images used in national ad campaign
anonymous
Posts: 268
Joined: 1970-01-01
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2 images used in national ad campaign

Hi,

I have discovered a company that has used 2 of my images in a national (poss international) advertising campaign to promote a product that calms difficult animals. I have had to do all the work to track down usage as they refused to divulge information. I called the company and spoke to the "director" who stated "Its only a couple of small images,whats your/The problem ?".#

It is a half page advert in 4+ different national magazines to a (combined publishers)print run of 330,000+ copies plus "in house" usage. I have no idea of foreign Equestrian publications to contact to ask about international usage but the company trades all over Europe and the US, Canada etc...
The images were reserved by us and its a long story as to how they got them but the point is they did.

Who is likely to want to "take on" this case as i valued the images quite highly.

They are very difficult to capture and I had resurved them for our own customers. In the last 6 years we have been doing equestrian photography we take on average from 3000+ images a week and can field up to 6 photographers (each taking approx 1000 images)and we have extensive archives. The archives contain approx 900,000 images (at a guess) or more and of these we have 2 of a horse doing what this horse is doing and that's in 6 years.

A solicitor who has experience would be great. I don`t think a few hundred pounds is considerable recompence for this infringement. Any help with a value for the images?

thanks
shan


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DavidHoffman
Posts: 14
Joined: 2008-03-17
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Your claim is for damages - in law that has to be the loss caused by the unlawful publication. So the amount that you can claim is the amount that you would have been paid had the infringer negotiated a licence in the normal way.
 
You will need to show what you habitually charge and if you charge more for 'reserved' pictures you can charge on that basis. But unless you can bluff for a higher amount (often possible) then it's your normal fees that you will have to base your claim on.
 
IPP are doing a number of cases for me, they take 25% of the recovered fee and charge nothing if you don't get a settlement.
 
David Hoffman
admin
Posts: 444
Joined: 2007-12-19
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You definitely need a lawyer involved from the outset with this. The value of the infringement is likely to be well into 4 or 5 figures, depending how wide the territory. Use the Getty or Alamy calculators to get a rough idea, but since these are difficut and rare photos, you can safely pitch at the top end.

We know of several photographers using IPP for pursuit of similar cases, and everybody seems happy with how they're helping.

 

 

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