Improper use of one of my pictures What is your opinion???

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GLASSMAN said:
Be flattered.
It sounds like a big enough company that they didn't NEED your photo, just liked it enough to use it.
I would contact them and ask for recognition, such as a " photo by......" as a by line,
If they decline, then ask them to cease using your property.
I don't know this, but if you post an un-copyrighted photo on a public forum, does it become a public domain item, if it is NOT used in commerce?
In this case being used in business advertising, is questionable.

That’s exactly what I would do.
 

Jimbo357mag

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If you took the picture you own it. This happens all the time with people pictures where they use pictures without permission. You can request they stop using it or require they give you credit for the picture. If they don't take it down or note your ownership you can get a lawyer and sue them if you want to.
 
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Are photos posted online in the public domain?

When a photograph is in the public domain, it means that there is no copyright, and anyone may use, copy or distribute the photo for any purpose. There is nothing about posting photos online that inherently places them in the public domain.
You own the copyright to photos you take from the moment you take them. When you post them online through a third party website or social media platform, you agree to the terms of service of that website. Many major image-sharing websites have terms of service stating that you continue to own the copyright to photos you post, but you grant the website a license to copy or distribute them. This may be sublicensable, so that the service can give others permission to reblog, retweet, or otherwise share the photos. Other websites, such as Unsplash and Pixabay, are set up specifically for photographers who want to release their photos into the public domain. Therefore, by posting on these sites, you do agree to terms of service that place your photos in the public domain.
In addition, photos enter the public domain when the copyright term expires. For photos taken after January 1, 1978, the copyright term is the life of the author plus 70 years.
 

kmoore

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I don't have the answer just a story. My Vet once called and asked if they could use my yellow Lab in a commercial. I went in and signed a doc stating it was ok. I would not have liked it if they did that without asking.
 

Ordguy

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LA
Posted a photo on another forum of one of my Colt pistols in the box displaying contents. Not long after I saw the same pic in a for sale advertisement. Haven't posted any pictures online since.
 

buckeyeshooter

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Ohio
The easy fix would be send them a letter or call them and tell them that it is your photo and you would like them to stop using it.
 
Joined
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I still like the stop or give you credit options...

As for the lawyer suggestion.... you folks must have a relative that is one and will work for free. The first thing a lawyer is going to do after asking a few questions is want a couple thousand dollars as a retainer to start the process of suing them... which will then require they hire a lawyer in the same state as the folks that own the website.......
 

kmoore

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How about 10,000 retainer, and in CA a friend is spending 500 an hour for any work the lawyer does. Last I checked in Portland Or, hourly was from 200 to 350. They still ask for 10 grand to get started.
 

P89DC

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Suing for damages requires actual damages. Being butt-hurt isn't worth anything.
 
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to stray off the original subject... a few years back I was in a social media group related to my profession and we were discussing a training/certification school located in California... good open discussion with the only name calling and derogatory remarks coming from a guy who had 'graduated' from the school putting down anyone who hadn't. One day the organization gets notice from the owner of the school that if there is any more discussion of his school they will be sued? I was floored, why would anyone want to do that? Then I realized the guy that owns and runs the school is also an expert witness in law suits in California... in fact that is how he makes most of his money.

I guess if you spend most of your time in cow dung then it's no big deal to throw some around.
 

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