Need advice about getting payment for images used on a website without permission

Discussion in 'Open Discussion' started by shaolin95, Jun 6, 2014.

  1. shaolin95

    shaolin95 TalkEmount Top Veteran

    942
    Jul 3, 2013
    Basically on this page: http://www.jimlaabsmusic.com/piano-benches-chairs/cat_19.html

    They used images I posted on a Piano forum and my review comments on their website without asking me for authorization for the images not any credit was giving on the images, just a link to where the review was.
    So I contacted them some time ago to ask for some credit on the images but never heard of it, and since I had too many things in my head, I forgot about the deal. That was 10 months ago and I was shocked to see they were still using them.

    So now that my life is a bit more clear, I contacted them again a bit more serious tone this time and they took the images down to which I reply again making sure that was not their "fixing" and they replied saying the owner said to pay me $75 for the images as I am a good customer (even though I only bought that one item)
    So on the one hand I am like, well if they offer $75 after I titled my email directing it to their legal department, maybe I should be getting a bit more. On the other hand, due to an error by my landlord, I am on a negative account balance until Wedneday so this happened at a bad time because if it was not under the current situation I have, I would take my time but right now, even $75 on my paypal would be nice.

    What do you guys think? I am in no way trying to be greedy, just looking for a fair treatment. :)
    Regards
     
  2. chrid

    chrid Super Noob

    807
    May 5, 2014
    australia
    Chris
    Sounds like a tough situation, hope it turns out well for you. Its a bit too far out of my knowledge base to offer advice though.
     
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  3. shaolin95

    shaolin95 TalkEmount Top Veteran

    942
    Jul 3, 2013
    Really I got nothing to lose I guess. Anything I get will be fine in my mind, will be like my first paid photos. :D
     
  4. WoodWorks

    WoodWorks Super Moderator

    Dec 12, 2012
    Ashland, OR, USA
    David
    I may be the wrong person to ask, since all of my photos up on Flickr are free for the taking by anyone who wants them. But if someone offered me $75 to use a photo that I had uploaded to a web site, I'd take it in a heartbeat. I'd feel differently if I were trying to make a living with my photography. But I'm not, so that sounds like easy money to me. :)
     
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  5. shaolin95

    shaolin95 TalkEmount Top Veteran

    942
    Jul 3, 2013
    yes that is my mindset about it right now for me as well :D
    And yeah, all my images are on Flickr too. lol
     
  6. NickCyprus

    NickCyprus Super Moderator

    Oct 11, 2012
    Cyprus
    Nick
    Couldn't agree more :)
     
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  7. shaolin95

    shaolin95 TalkEmount Top Veteran

    942
    Jul 3, 2013
    I accepted it as it sounds fair enough and more than I had anyways :)
     
  8. davect01

    davect01 Super Moderator

    Aug 20, 2011
    Fountain Hills, AZ
    Dave
    I'm thinking that unless you were planning on suing, take the money and run.

    By the way, that's what they want you to do.
     
  9. Amamba

    Amamba TalkEmount All-Pro

    Apr 13, 2013
    SE MI
    Try asking this question on POTN, it's choke full of very helpful professionals making living in this.

    I think it's a fair offer.
     
    • Like Like x 1
  10. SRHEdD

    SRHEdD TalkEmount Veteran

    396
    Nov 25, 2012
    Viera, Florida, USA
    Steve
    Exactly. Both parties here have a mission. They start low, you start high. Tell them $150, settle at $100. NEVER get confrontational and you won't really risk the $75, but might wind up with $100. Or just cut to the chase and tell them your minimum use fee has ALWAYS been $100 per image. THEN if you take the $75, you can tell them you discounted it for them as a measure of good faith. They might even come back to you for more!