Nail salon using my images for online advertising?
Nail salon using my pictures for online advertising?
A year ago, the old boss i used to work for wanted me to take pictures for her new business nail salon. I did so. Things went sour and I had quit. We agreed that she would credit the pictures when she put it on her website, now she is using those pictures to post all over the web in advertisement and all, what should I do? In what words and ways can I tell her that this is not ok?
I kind of figured I’d get no where with this since there is absolutely nothing in writing. We only agreed on words that she would credit my photos when she put them on her website. But there’s no crediting on her website either. I was a nail tech and I was on my lunch break when I took the photos.
I just figured that if she didn’t credit me on the part she agreed to, that she doesn’t deserve any rights to the images.
5 Responses
Death™
15 Jul 2010
Koko
15 Jul 2010
Well in that case, you should let her know that she did not put credits to your images or else take the images off. Those are your pictures no matter what anybody says. I’ve this happened to a friend of mine before and she sued him and won, recently too.
My photographer mates and I discuss this recently before.
joedlh
15 Jul 2010
If you took the pictures as part of your job, then the copyright belongs to your former boss unless you had a different written arrangement. Sorry, there’s nothing illegal going on here.
pyroz_flame
15 Jul 2010
If she agreed to credit you, then she should probably credit you. Did you get this agreement in writing, however? If you did not it might not be worth the effort to hire legal representation and find out what you can legally do to get the credit.
Kevin K
15 Jul 2010
If you were working as an hourly employee, and took the photos on her time, they’re hers, unless something was put into writing.
If you did it as a favor, after hours, and not paid, then they would be yours.
If nothing is in writing, then she has the rights, mainly because she can show payroll records that say you did it as an employee.
What you can do, is to ask her to put them on a website to showcase yourself as a photographer. Have her put something in writing that you can use the pictures on the web. Put the photos as many places as you can, and it will let people know who took the photos.
How exactly did you take these images? When and under what agreement? Was anything written down?
Think about a studio in Walmart, Sears, etc. The employees that take the photos don’t own the copyrights…Walmart/Sears/etc. owns the photos, unless of course it’s a third-party photo shop, in which case that photo shop as a corporate entity owns the photos.
If you took photos of the salon as part of your job or during your working hours, they are more or less considered "her" photos to use as she pleases. If you took them off the clock, they may be considered yours…but again, whether anything was written down is also rather important.
IF you took the images on your own time, off the clock, and depending on any formal agreements in place, you may find success in simply sending a stern and professional letter. Explain that, as the owner of the images, you did not agree to further use of your copyrighted material without proper credit. If she is interested in further use, she can contact you to explore the possibility of purchasing further usage rights or establishing a text that should go along with each image crediting you for your work.
Even if the images are technically hers, she may choose to remove them or give you credit on the grounds of good business conduct.