So, exactly who owns the rights to my image? I am a bit of a private person so....if a US based retail establishment refuses to remove my trophy photos from their web-site, I would assume I have some legal recourse right? What is the proper procedure to deal with this after repeated requests to remove the photos have been ignored?

thanks,

tendrams

My best legal opinion is just "BASK IN THE GLORY, BABY!" Probably not worth your time or money to initiate legal action to get it taken off. That is, of course, unless your a female attorney whose taken her shirt off for a trophy picture with a crocodile and the image is floating around the web.

I had that problem on Enzyte ads.

quote:

Originally posted by Bwanna:
That is, of course, unless your a female attorney whose taken her shirt off for a trophy picture with a crocodile and the image is floating around the web.

NOT ME!

I don't hunt for glory and it frankly bugs the hell outta me that this jerk is earning a dime of profit off my images.

quote:

Originally posted by Bwanna:
My best legal opinion is just "BASK IN THE GLORY, BABY!" Probably not worth your time or money to initiate legal action to get it taken off. That is, of course, unless your a female attorney whose taken her shirt off for a trophy picture with a crocodile and the image is floating around the web.

link me!

A little "C" in a circle with 2007 or whatever date and your name would take care of that. However, if you failed to do that, gee, I guess you just gave them the images to use at their whim. Some of these guys have a little bit of fine print on the very bottom of the "Send us your photos" page that says if you send then you also give them the rights to the photo. I suspect that may be the case.

Years ago after a sucessful Dall Sheep hunt in Alaska, I saw one of my "hero" shots in a brochure of some guide I have never heard of. A phone call to him, and he said someone had given it to him....Ill never know. Not worth the hassle.

At last count, four different African websites had published some of my African trophy photos.

I'm not a lawyer, so my knowledge is limited here. However, I understand that in the case of pictures the actual "owner" of the picture is the person who took the pic, not you.

Further, once something is on the web, it's pretty much public domain and there isn't a whole lot that can be done anymore.

My wedding pix are up on a couple of sites - the photographer as well as the wedding chapel. To be frank, I'm honored. I'd fight it but really, it's my one claim to fame.

IMO, you're better off just asking that the website owner simply list you as the hunter and some facts about the hunt rather than getting them to take it down.

I'm not a lawyer, so my knowledge is limited here. However, I understand that in the case of pictures the actual "owner" of the picture is the person who took the pic, not you. That could be your Tracker or PH...or even you if you set your own timer, etc. Still, it typically isn't you. Check the fine print on any professional photographers contract - technically he owns the print and you have to go through the photographer for any reprints (pheh, I scanned my wedding pix and reprinted as many as I wanted on my own...).

Further, once something is on the web, it's pretty much public domain and there isn't a whole lot that can be done anymore.

My wedding pix are up on a couple of sites - the photographer as well as the wedding chapel. To be frank, I'm honored. I'd fight it but really, it's my one claim to fame.

IMO, you're better off just asking that the website owner simply list you as the hunter and some facts about the hunt rather than getting them to take it down.

quote:

I understand that in the case of pictures the actual "owner" of the picture is the person who took the pic, not you.

That was also my understanding

You may have the basis of a suit for misappropriation of your likeness for commercial gain.

Although privacy is often a common-law tort, most states have enacted statutes that prohibit the use of a person’s name or image if used without consent for the commercial benefit of another person.

Appropriation of name or likeness occurs when a person uses the name or likeness of another person for personal gain or commercial advantage. Action for misappropriation of right of publicity protects a person against loss caused by appropriation of personal likeness for commercial exploitation. A person's exclusive rights to control his or her name and likeness to prevent others from exploiting without permission is protected in similar manner to a trademark action with the person's likeness, rather than the trademark, being the subject of the protection.

Appropriation is the oldest recognized form of invasion of privacy involving the use of an individual’s name, likeness or identity without consent for purposes such as ads, fictional works, or products.

The same action – appropriation —can violate either an individual’s right of privacy or right of publicity. Conceptually, however, the two rights differ.

Why not just explain that you're uncomfortable having your image on a hunting site for whatever reason such as business or privacy etc and ask them to mask or blur your face and remove your name from the site.

That way, they get to keep the images of the trophies on their site, which they obviously want to do and you get to keep your privacy and it hasn't cost anyone any money or bad feeling.

quote:

Posted 06 January 2009 02:14 Hide Post
I had that problem on Enzyte ads. Big Grin


JudgeG ... just counting time 'til I am again finding balm in Gilead chilled out somewhere in the Selous.

anything you say Bob

quote:

Originally posted by HunterMontana:
I guess you just gave them the images to use at their whim. Some of these guys have a little bit of fine print on the very bottom of the "Send us your photos" page that says if you send then you also give them the rights to the photo. I suspect that may be the case.

This is a former "friend" who had the images from a safari we went on together years ago. I sent them nothing and frankly, find their business practices generally repulsive and don't wish to be associated with them.

It sounds like they are his images, but if I remember correctly one must have permission to use another persons reconizable image (that doesn't mean everyone seeing it reconizes the person) if it is to be used for a commercial purpose. The reconizable restriction is to not have permission for crowd shots released. Again this is for commercial use not news etc.. This is my memory from photo workshops I have taken.

quote:

Originally posted by tendrams:
So, exactly who owns the rights to my image? I am a bit of a private person so....if a US based retail establishment refuses to remove my trophy photos from their web-site, I would assume I have some legal recourse right? What is the proper procedure to deal with this after repeated requests to remove the photos have been ignored?

thanks,

tendrams

Call your own lawyer. Unless the guys on AR are lawyers, advice here is worth what you are paying for it.

dogcat, you are so right, the only things one gets here are opinions and like *ss holes everyone has one. JMO Also they are worth just what you pay for them, eh.

Back when I was guiding I had a web site and posted pictures of clients, I also got a SIGNED model release from them. If you did not actually take the photo or not is irrelavant your image is what counts. Used for commercial purposes without your consent, unless it falls under "news" reporting or you are Brittney Spears and they are a branch of CNN, not likely, what else could they possibily call it? Call your attorney.

quote:

Originally posted by JudgeG:
I had that problem on Enzyte ads.

C'mon Judge we know they had to bring in a couple of high-school kids for your stand-in on those adds.
Hope your health is steadily getting better.
Frank

1. If they don't have your permission to use your image for commercial purposes, send them a bill (the amount is up to you but don't be ridiculous about it) and a letter stating that if the bill isn't paid by a certain time you will proceed with legal action. Be sure to mention in the letter that the amount of the bill is only if paid within a certain time (10 days would be reasonable) so if you take it to court your attorney will be able to possibly get more out of them.

2. If you took the photos yourself, you are the copyright owner regardless of whether or not you registered the copyright. If there is no copyright notice on the photo and/or you never registered the copyright, they will no doubt claim "innocent infringement" if you take it to court. In this case, before proceeding with legal action, you will have to register the copyright and your monetary rewards will be limited but you can stop them from using your photo.

If your copyright notice was on the photo and the copyright was registered, it's not innocent infringement. If they're in violation of copyright law you can recover attorney fees and punitive damages (I don't remember how much per image but it is substantial and in the case of a valuable image could go into the thousands of dollars).