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I just discovered a large-ish (~$50m+) App producer that has been using some of our work (designs/photography) in the promotion/marketing of their headline App. While I'm kind of flattered, its a bit cheeky, and we have never got any credit or okay from anyone in our company.
Would approaching a (copyright) lawyer be a dick-ish thing to do? I'm also thinking of the impact if the client was to see it as well. Would seeking a $$ payout be a little off?
If so, anyone know a copyright lawyer in NY?
"Would approaching a (copyright) lawyer be a dick-ish thing to do? I'm also thinking of the impact if the client was to see it as well. Would seeking a $$ payout be a little off?" Not at all.
It is your work. And they are using it without permission. Go for it.
it's not a dickish thing to do if they are making money.
But just beware that the chances of you making any $$$ are most likely very slim, the most you'll be able to do is send a cease and desist letter, and they'll most likely remove all your stuff in under 48hs.
My buddy has ben on the other side of a similar situation, were he released an 'unofficial' remix on a 300 vinyl copy run and put them up for sale, the track got popular, the big label noticed and they were forced to take them off the site, that's all it happened.
On the other hand, I'm not a lawyer, the best thing is for him to decide what to do. Maybe the app developer is making BANK and suddenly you think driving on a masserati is for poor people!!
Flattery would be if your name was on it. This is disrespect, not flattery.
git those suns a bitches
we're not really the litigious types, but it is pretty off. its not like our images are completely selling their App, but are definitely in there in pride of place with some other stock stuff. i think it was finding out it was a company who have had a second round of $30m+ funding that got me
i just keep thinking if a photographer found their images used (some of those used *are* actually photos we commissioned). or a writer who hard their words swiped to sell an app.
A dick-ish move is to use someone's work without permission.
Stolen design work used to promote a product... is it Spike Lee doing this to u?
Wait, never mind, i thought you said a "$50 product".
Step 1 : Ask to remove it all immediately in a passive-agressive way
Step 2 : If they dont' remove, take legal action.. immediately
ALWAYS start with a lawyer... don't be that account guy that tries to art direct you. You don't know the law, they do.
They stole your work, not just your ideas, they should pay.
Are you the photographer?
no. its work that we commissioned to get shot
you need an i.p. lawyer
i would move on
@doesnotexist - thats kind of what i want to know. if its worth the fight (as in might i get a payout), or just let it go. seems silly to fight over something stupid
heh, sorry to bump this. basically i emailed them and politely told them off, and asked for some sort of compensation. the legal within the company that i contacted first forwarded it on to someone else up the ladder with no more than "wtf?!" to them as her response.
now the million dollar question... they're asking "how much?"
im not looking to fleece them, but obviously want to get something fair. what say you?
i would ask them how much work they got out of it. something like a finder's fee because of that, or maybe even spin it so they can continue using it and you can continue getting a finder's fee...
iunno, be creative
Send them a ridiculously high invoice
Perhaps just bill them what you would have charged if you'd been hired to do what was used. add a little punitive fee (I charge double rate for rush/unreasonable jobs)
try to figure out how much it would cost them to replace the content (with redesign or stock material) and ask for that amount