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Re: Curiouser and Curiouser
[Re: psmith]
#23570
06/19/09 08:54 AM
06/19/09 08:54 AM
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Joined: Mar 2005
Florida
Jim Garvie
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OP
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Joined: Mar 2005
Florida
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Quote:
Two hypothetical questions:
1. Your customer owns a grooming clinic or pet store...uses your images on his mobile van or a billboard...are you still happy with the show print purchase?
2. Your customer makes gourmet doggie biscuits...uses your images for 100,000 package labels...same question.
Preston, 1. no.
2. no.
And, yes, you have to draw the line somewhere. For me, it's the whole personal vs commercial application. Although I've chased the "personal" when it's become commercial as in the promotion of a dog for stud services.
My commercial rates and my personal rates are entirely different. If someone wants to use one of my images for a commercial application, they'll pay for it appropriately and if they use it without my express, written permission, they will pay severe penalties. We use photos all the time in our advertising business and we pay for every single one.
My original point was that the individual, who is in the same publishing business that we are, didn't know she was violating my copyright by using that image in advertising. And I'm willing to bet that 90% of the win photos used in Dog News ads do NOT have the release of the photographer for that purpose. Most show photographers don't care. Once they've gotten their print payment, they know exhibitors are going to scan the prints and use them in ads. It's a given.
I guess I just have higher expectations from people who should know better and publishers/editors should definitely know better.
Jim
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