Illegal Use of Photo

[Hawkpuppy 1]

Saw one of my pics in a magazine today. Great and all, but no photo credit given, copywriter watermark cropped out and no permission asked to use it. This is a pretty big "western" style/animal hunting magazine. I've emailed them about it and waiting to hear back about what they are going to do. I did sell a different pic to a partner/related mag a couple years ago that I was paid for, but was for that image only, no others. What is y'all's opinion on what I should be entitled to or ask for?

Dave

[CSR]

If i'm correct, that is highly illegal. If they say "Oh well". Contact a lawyer and ask them.

[Biggs]

Cool

[RangerRick2012]

If i'm correct, that is highly illegal. If they say "Oh well". Contact a lawyer and ask them.

^^^^x2. They will wait for you to initiate a lawsuit just to see how serious you are about throwing $$$ at it. But should cave quickly afterwards.

[Striker918]

illegal as heck

[PondPopper]

How or where did they get it?? There are loop holes.

[FLASH_OUTDOORS]

Watching this!

[tiny's taxiderm]

How or where did they get it?? There are loop holes.

X2. People figure out how to get around anything these days .

[Hawkpuppy 1]

As to how they got it, I sent several pics at their request for a desert Muley article a few years ago. They picked ONE of the pics they wanted to use as a two page spread. I signed off on that ONE pic, was paid for it and received a letter stating the image number, pages it was on and that was it. Now, 3 years later, I see this one pop up. I believe it was one of the others I had sent in, but was never paid for its use or agreed for them to use anything but the one paid image they used.

[Hawkpuppy 1]

I emailed them about it yesterday but figure I won't hear anything till tomorrow. If they resist, I have a BIL that's a lawyer as well as another close friend that is a lawyer as well.

[davidamfan]

I'm sure they will do the right thing.

[Stan R]

About how much does the use of a photo cost?

[Antlers86]

I'm sure they will do the right thing.

Agree...

Part that gets me is why they would remove your watermark. Illegal!

Good luck.

[davidamfan]

Can you post the pic with and without watermark?

[LWD]

Read your agreement with them carefully. I'd guess one of two things happened. Either someone—probably a low-level staffer—made an innocent mistake and thought these were okay to use (of course they should have been deleted once not purchased and the watermark in the photo should have alerted them) or they're just plain stealing.

What was the previous price? What's the going rate now? Did the previous agreement have any damages provisions in it? What did your email to them demand?

LWD