How to handle possible copyright infringement...
I am new to DP Review, so any of your feedback is greatly appreciated on the question(s) I am going to pose to this forum, as well as whether or not you would seek legal action.
As an amateur photographer, I felt that I had gained enough experience to attempt to sell some of my photos online. In November 2016, Adobe Stock accepted over 120 of my photos! Wow!
Of course I was excited, however they were only being sold as either a Standard or an Enhanced license. Which meant pennies for me, however I felt at the time the exposure was important. Looking back, I wish I had never gone this route.
Fast forward. On September 4, 2017, I happened to stumble upon one of my photos -- I did a "google search for this image", and it kept directing me back to an author. When I finally clicked on the link, I was shocked. My photo was not only on the front cover (altered, of course), but another one of my photos was on the back cover.
It took a lot of time and research, however the publisher ultimately admitted to purchasing the image for the front cover, never admitting to the back cover, until today.
I had to take a break on this research due to the personal impact hurricane Irma had on me, so I just got back to the research on September 14th.
Party A) Publisher who violated the license agreement when they purchased one of the photo(s) through Fotolia on February 13, 2017, who is owned by Adobe Stock and has not disclosed whether or not they purchased the second photo, which was used on the back cover and in marketing.
Party B) (Author), of her novel published by A, both as an e-book and in print.
Party C) Upliterate – Unauthorized distribution of the photo on social media. After extensive research, the only way that Party C could have obtained a copy of the photo they published on the internet, is through Party A. (simply right-click on their images posted, do a search for image on google, directs back to Author of the book.
Party D) Photographer (Christy Bacon), who uploaded the photos as a contributor to Adobe Stock. Fotolia is owned by Adobe. .pdf attached of my “sold” photos during this said timeframe.
Party A said that they didn't do anything wrong, however they are willing to work with me.
I've attached a screen-shot of their latest email to me.
These are the points from their last email that don't make sense...
My Points on the email above that I received on 9.18.2017
My points to the response I received from the publisher.. (don't worry, I have responded to them).
1. The publisher already knew that I was an Adobe stock contributor (Adobe owns Fotolia), so this wasn't even in question.
2. After two attempts, she's finally admitting to purchasing both images, however she only showed proof of purchasing one -- again, a standard license was purchased.
3. She has no idea that I know the link between her sharing the original, unaltered image with an outside party --- which definitely isn't in the "scope" of the license purchased.
4. The publisher is unaware that I know about the book signing this weekend---paperback copies, of course.
5. If the publisher didn't do anything wrong, why would they be offering me anything?
Any feedback is appreciated.
|Post (hide subjects)||Posted by||When|
|Sep 20, 2017|
|Sep 20, 2017|
|Sep 22, 2017||2|
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