Advice Needed

[DianeD]

Hi All

This is a question that involves some legalities, I appreciate people here are not lawyers. I live in Toronto, Canada, I recently took a shot at a international Taekwondo Tournament held here in my hometown. Below is the shot.



This involves an acquaintance of mine who is fighting a Canadian Olympic hopeful and I thought I would snap a shot of my acquaintance kicking this fighter. The fight lasted 15 seconds with my acquaintance being knocked out but I caught the shot just after the axe kick to his head sent his mouthguard flying. Now if you are going to have this happen the fighter would prefer it happen with someone of this caliber. I didn't post the picture on facebook but sent it to my acquaintance and he forwarded it to the other fighter who posted it. Today this has appeared.



Do I have anyway of getting my name on this now or am I too late?

Thanks for any input
Diane

[Shadowman]

It's still your image, easiest way is to ask him to put your name on the image.

[DianeD]

Thanks John, I will do that.

[jcuknz]

This appears to be an advert so I would expect more than just my name but something in the order of the price of another lens, without bothering unduely about my name on the shot which may not be usual with adverts.
It is your shot and you can produce the EXIF to prove it so the advertiser should know better than use it without your permission and deserves a penalty.
Blatant piracy ....URRRGH!

[Mike Buckley]

I agree with John. Get money or tell them to entirely remove the photo.

[pixel pete]

It's probably a good idea to never send any picture of yours into the wild blue yonder without a watermark of some sort even if it was intended for a friend.

[tao2]

Short answer - never use FaceBook .

Not a lawyer but...the Olympic hopeful could argue that the image was given to him tae use as he saw fit. As far as FB are concerned...





As an aside...

[JR1]

Learn the hard way, should ask for advice first

Never give anything away without you know what you will get in return

I have not watermarked my images on facebook to date, but I am this year as I will be shooting for profit/magazines

All you needed to do was send a watermarked proof, and state I will allow you to use it not for profit as long as my details are clearly shown

Forget claiming compensation, ok ask, but have you the money to sue, ...............

The law may be on your side, can you afford it

[DianeD]

Thank you all for the advice. I was in touch with the company and asked that they take the picture down from their site immediately since this was really an attempt to use my picture to sell mouthguards not to honour their local athletes which is what they told me was their intent with using this picture. I also pointed out that there were probably podium pictures from the event that would better serve their intended purpose. They have complied and the picture is down.

[William W]

This is a question that involves some legalities . . .Thanks for any input.

It surely might and those legalities maybe some which you have not yet considered.

Have you read the Complete Terms and Conditions of entry to the venue and are all your subsequent actions in accord with those Terms & Conditions?

WW

[Chri5]

Its outrageous. That company would have to spend a lot of money to hire a photographer to take that photo so they just steal it. Surely you could take legal action against them if they don't pay you or take the image down.

[DianeD]

Thanks Bill yes no worries there. Thanks Chris the image is down.

[Mike Buckley]

The image is down.

Well done, Diane!

[William W]

OK. Good. Thank you for replying.

[D L]

Did you give any thought to trying to sell them the image? They liked it enough to steal it and slap their logo on it. They may have been willing to pay for it.