Speaking of I Don't Believe It

[herron]

Thanks, Peter.

I have a link to this copyright information page, which is from the US Copyright Office, on my web site. You get to it from my notice of copyright on the main page.

I'm really not looking for damages, although asking for payment and threatening suit for copyright infringement may be my only recourse. I would be content with a byline, acknowledging the photo is mine, of a camera in my collection, and restoring info about the instruction manuals I offer. (John Craig isn't the only one with Mamiya manuals...he has tons of info, but I dare say I have more of the Mamiya 35mm line than he does)!

[bcomber2]

Watermarking your web pics a la Karen Nakamura Photoethnography site is also a good idea too.

[herron]

I got an answer today to that invoice I sent to MAC Group (Mamiya USA) about the unauthorized use of one of my web site images. The letter read as follows:

----------
Dear Mr. Herron:

We received your invoice from the MAC Group in reference to the Mamiya 35mm image used on the new mamiya.com website. I am with the advertising agency that works for the MAC Group and was in charge of the development of the new Mamiya website.

I found the image in question online and used it FPO for presentation of the interface design to show the image that we needed for the 35mm section. However, at the time of launch it slipped through the cracks and was not updated to another.

Please accept my apologies for this unfortunate mistake. Enclosed please find the payment of $400 for unauthorized usage and note that the image was immediately removed from the website.

I can be reached at etc, etc........
----------

It was signed by someone from the interactive agency who was responsible for building the site interface for Mamiya USA. So, enforcing copyright does work! ;D

[kiev4a]

Congrats, Ron!

[paulatukcamera]

Dear Mr Herron,

I represent the firm of Oberman, Wallage & Winter (Lawyers to the nobility and gentry)

We warmly welcome the fact that you were successful as a result of our accurate advice in this matter. However, we must advise you not to spend the proceeds quite yet, as our accounts department is preparing your invoice and this will shortly be despatched to you.

Our standard fees are $355.36 per hour and we estimate that the three partners spent nearly one and a half hours responding to your original query.

We thank you for your esteemed custom and hope that you will recommend our legal services to your friends.


Yours sincerely,

PW

Oberman, Wallage & Winter

;D

[mickeyobe]

Mr. Herron,

The correct name of the firm is Wallage, Oberman & Winter.
We are also the trusted representatives of the Nabobs and Hoi Poloi.

Do not forget the VAT, GST & PST when remitting payment.

Sincerely,

W.O.W.

[PeterW]

Congratulations, Ron. It's what copyright is all about.

BTW, I would advise you that all the staff in the accounts department of Wallage, Oberman & Winter are inactive members of the Procrastinators' Club. You may, or may not as the case may be, receive their invoice any time during the next century (or so). The invoice will include VAT, GST, PST, GMT, ET, CT, MT and PT.

PeterW

[herron]

LOL! ;D

Mssrs. Wallage, Oberman & Winter:

Many thanks to my esteemed law firm.

I'll have my accounting firm, Duey Sumtymes Maeka & Paament, draw up the necessary documents and submit a cheque for your review. It will include VAT, GST, PST, GMT, ET, CT, MT, PT, EDT, FYI, PS, ETC, RSVP & IE.

Of course, since Duey Sumtymes Maeka & Paament are also charter members of the procrastinators club, their cheque (which can only be issued upon receipt of your invoice, which must be accompanied by the complete 4,376-page Infernal Revenue, Taxation and Cheatum Detailed Accountancy Survey), I anticipate the payment to arrive at your location sometime in the afternoon of Thursday, July 23, 2314.

Please let me know when you have received it.

Cordially Yours,
Ron Herron

[Reiska]

Congratulations, Ron and Law and Order!!

The truth is, that I envy you. My picture about ZM is much better than yours. Perhaps they thought at Mamiya US,
that it would be too expensive for them to pay for a disclosed misuse

The 50mm prime could have made it. ;D

[nikonbob]

Good to hear that you got the issue resolved to your satisfaction.

Bob

[herron]

Since it was Mamiya USA (MAC Group) that I sent the invoice to, and the agency that paid for the image use, I'm sure the MAC Group bounced it over to them with a "fix this blunder...now!" statement. They certainly wouldn't need any bad press about copyright infringement. I'm just surprised it got resolved so quickly.

Right now, I'm wondering if I could allow them to continue to use the image...in exchange for getting them to link back to my site........



-----
And Reijo...that is one terrific image.......! ;D

[mickeyobe]

Reiska,

Were you never told not to leave your camera in the car's glove compartment on a hot day?

Mickey

[PeterW]

Ron,

Right now, I'm wondering if I could allow them to continue to use the image...in exchange for getting them to link back to my site........

Up to you, Ron. But I wouldn't. IMHO that wouldn't be very businesslike.

At the moment you're in a position of strength because they boobed. I'd leave things a month or so to let internal recriminations at the advertising agency die down, and then offer the webmaster at the agency reciprocal links. Give him a chance to redeem himself.

If I were the webmaster I would recommend accepting that to MAC because it brings more visitors to their site (you can bet your life they've got a hit counter in their website stats which gives 'source'), and every link from a respected and established site like yours helps to push their site higher up the search engine lists.

I've no doubt that the agency includes extracts from these stats in its quarterly return to MAC to justify continuing to spend MAC's money. They wouldn't want to lose the account.

If they take the link offer, you could then offer the webmaster favourable reduced annual rates to use some of your images - say 50% discount, plus a credit line of course - and continue to get cheques from them. Plus, of course, more free worldwide exposure for your picture library.

I would make the credit line 'Picture: Ron Heron Image Library', or 'Picture: Ron Heron Picture Library', whichever takes your fancy, and in the meantime set up a separate division on your website called Ron Herron Picture (or Image) Library, with cross-links to your Mamiyas. You must have loads of other pictures, as well as your pictures of Mamiyas, that you can put on the site.

Do a Google for 'picture libraries' and 'image libraries', and have a look at a few of their sites to see how they set out their stall and, if they include them, their rates for different usage. A few give them - as a starting point for negotiation.

Just an idea. You never know what it could lead to. The agency must have other accounts that use all sorts of pictures - and other agencies always keep a close watch on their competition.

Same goes for publishers of illustrated books.

I would advise never to let any business concern use one of your pictures just in return for a credit line. Amateur non-profit organisations like club magazines - and charities - are a different matter.

Never sell yourself too cheap! And hang on to your copyright!!

PeterW

[herron]

Thanks for the advice, Peter. As always, you are calm and collected, and right on target. I truly do appreciate your counsel.

My son is always after me to submit some of my pictures to stock image sites...never thought of starting one of my own. Will give it some thought now, however.

[PeterW]

Thanks for the advice, Peter. As always, you are calm and collected, and right on target.

Thanks, Ron. Always pleased to help if I can. I've been in and around the publishing business for more than 40 years (now, my age is showing) and I've taken pictures and written for a few dozen magazines, and written brochures for a few big firms like Vauxhall, Scania and Perkins engines, and sold a lot of pictures elsewhere. I've been grateful for all the advice given to me over the years.

But I've been more or less out of it actively now for a fair time, and yesteryear's ideas and techniques are always old hat to the publishing and advertising boys - though the basic principles stay the same. So don't take all I might say as Gospel. Do your homework and make up your own mind.

The big stock image libraries are fine - if you're a very busy full-time freelance with no time to do your own marketing. But remember that most of them won't even look at fewer than 500-600 submissions. It's not worth their while setting up separate accounts and putting the pictures on their databases for much less. And remember that most take FIFTY PERCENT of the fees they get. They earn them, because they spend a lot of time and money on marketing and administration.

If you do decide to go ahead, putting up a website isn't, by itself, enough. That's just your shop window. Yes, you'll probably get a few 'window buyers', but for most business you've got to do your homework and market the pictures.

Search out people like the greetings card and callendar publishers who use the type of picture you might have, or might take. Look at the sort of stuff they use and write or phone them giving your picture library website and ask for their usual terms. Most pay quite well for a three-year exclusive greetings card and callendar use licence. Pictures with people or vehicles in them date after three years, and by then most of their buying customers have seen the pictures, so there's always a demand for new stuff.

Check whether they use square, landscape or portrait format pictures. And DON'T SCORN THE CORN. Ooh-Aah pretties sell!! Look at the new callendars for 2008 and see. Pictures for each month often reflect the season, so you've got to stock up on spring, summer, autumn and winter pics in advance.

This, of course, doesn't stop you offering the same picture to people like book publishers. There are reference books in most largish public libraries listing book publishers and the type of books they publish. It's a waste of time, for example, sending a marketing letter about general scenic pictures to a publisher that publishes only medical books, or college text books.

When you've whittled down a few get in touch with their picture researcher, give them your website address and ask what's in the pipeline for the next 18 months or so. The money they offer isn't world-shaking, but they usually offer more for 'first publishing rights' than second or subsequent rights. If they ask for exclusive first publication rights for one year from date of publication, that's extra because it stops you selling the same picture elsewhere for 12 months, so it has to come of your website for that period. Check whether they pay 'on selection' or after publication. That can make up to a year's difference in the time of payment, and should be reflected in the fee.

Also, watch TV history and documentary programmes. Watch for the type of still pictures they use behind the commentary. Again, the picture researcher is the person to contact - not at the network channel but at the company that actually made the programme. They'll be in the credits. So will the picture source credits. Picture researchers at other programme companies record these and look for any new names in the picture libraries. Even a five-second 'spot' in a nationwide TV documentary pays well, with 50% extra for each repeat transmission, and more for overseas syndication.

Then there are firms that publish jigsaw puzzles, and those that make gift boxes ... and I haven't touched on the magazine market ... but have a walk round the shops and judge for yourself the vast outlet for pictures. Someone, somewhere, had to have taken them - and owns the copyright.

There are books around that go into all this in a lot more detail; check the catalogue in your local library. If you decide you'd like to give it a go you've got several months of homework ahead first! I've just tried to give you a taster. As with any other business, you're like the swan - serene on top but paddling away like fury underneath.

Best of luck. It beats working for a living. . But don't give up the day-job just yet!

PeterW