Wow, pretty annoyed at Strictly FX...

sparks17 · 29-05-2009, 06:07 AM

Hi everyone, this is my first post!

I was searching the forum for photos of a Coldplay show I attended last summer in Hartford. I came across a post about IQ Magazine's story on Coldplay and, much to my surprise, found a full-page advertisement with MY PHOTO on it! I had given the company permission to post my photo on their website, which they have, but nothing more. I'm disappointed that they have used my photo without my knowledge or consent, and am wondering just what I should/could do about this. I have already e-mailed them asking for an explanation, but have yet to receive a reply. Anyone know if this is against the law or if I should be receiving royalties or something since it has been physically published and shipped to people around the world? Any advice would be greatly appreciated!

Ad can be found here:
http://www.coldplaying.com/forum/gal...ium/iqmag4.jpg
(My photo is the one on the right with the lasers.)

Sorry if this isn't the ideal place to be posting this, but I figured you guys would have the best advice.

Thanks in advance!

-Nick

gotcheese2768 · 29-05-2009, 06:09 AM

hmm well i guess you just have to see what they say. but possibly since u gave permission for it online. it is like already out to the general public so they can use it wherever they like.

mc_squared · 29-05-2009, 09:10 AM

I reckon you're screwed.

greeneyes1207 · 30-05-2009, 02:50 AM

I do believe when you post things online, they're your personal property and you have to be asked permission to use them. (I Learned that in my IT class).

Where did you post the picture? Have you emailed Strictly FX and asked them about this?

pickle · 30-05-2009, 02:55 AM

i would email the company..or else, like mc_squared said, "you're screwed"

nice photo btw

sparks17 · 30-05-2009, 02:56 AM

Yea, and I even put a Creative Commons License on it, so it's protected from being "built upon" or "altered" in any way (which they clearly did both of).

I posted it on Flickr originally. They copied the picture from the site directly, so it's not even like I sent them the original and let them do whatever they wanted with it.

I contacted them and they replied basically saying there was a "mix up" and didn't provide me with any real explanation whatsoever or even apologize for it (really?).

I'm not sure what to do. I'm trying to get legal advice on the matter and then take it from there.

It's flattering to have my picture published in an infuriating sort of way. I wouldn't be nearly as mad if they had at least credited me, seeing as it had to do with Coldplay, of all things.

sparks17 · 30-05-2009, 02:57 AM

Quote:
Originally Posted by HappyPickle98;3070050
i would email the company..or else, like mc_squared said, "you're screwed"

nice photo btw

Why, thank you! Apparently it's good enough to steal.

BerrymanGirl1 · 30-05-2009, 03:21 AM

Amazing photo

but you have a right to be mad they did not have permisssion to use your picture but they go right ahead and they do

sparks17 · 30-05-2009, 03:32 AM

Quote:
Originally Posted by BerrymanGirl1;3070091
Amazing photobut you have a right to be mad they did not have permisssion to use your picture but they go right ahead and they do

Thank you!

Yea, I'm pretty annoyed! I love your username and sig, by the way! Brilliant, haha!

BerrymanGirl1 · 30-05-2009, 03:41 AM

thank you very much

those Strictly FX people are pricks

I guess they just cant get enough lookinng at Coldplay

sparks17 · 30-05-2009, 05:42 PM

Haha, well can you blame them for wanting more Coldplay?

I'm still in the midst of figuring this mess out... I contacted the other photographer whose photo was used in the same ad next to my photo, but I have yet to hear a reply from him. I know that artists aren't usually credited in advertisements, but their photo at least needs to be licensed and paid for, right?

BerrymanGirl1 · 30-05-2009, 05:46 PM

well Im pretty sure if they didnt ask you they didnt ask the other photgrapher!!

people these days .

vespagirl · 30-05-2009, 05:56 PM

Quote:
Originally Posted by sparks17;3066496
Hi everyone, this is my first post!

I was searching the forum for photos of a Coldplay show I attended last summer in Hartford. I came across a post about IQ Magazine's story on Coldplay and, much to my surprise, found a full-page advertisement for Strictly FX with MY PHOTO on it! I had given the company permission to post my photo on their website, which they have, but nothing more. I'm disappointed that they have used my photo without my knowledge or consent, and am wondering just what I should/could do about this. I have already e-mailed them asking for an explanation, but have yet to receive a reply. Anyone know if this is against the law or if I should be receiving royalties or something since it has been physically published and shipped to people around the world? Any advice would be greatly appreciated!

Ad can be found here:
http://www.coldplaying.com/forum/gal...ium/iqmag4.jpg
(My photo is the one on the right with the lasers.)

Sorry if this isn't the ideal place to be posting this, but I figured you guys would have the best advice.

Thanks in advance!

-Nick

Well, that's a hassle. I took pics with my phone at the show in Phoenix back in November from about the same distance as your photo and I have pics that look almost identical to yours even though it's a different city, different state, different show, etc. My point is, they would probably come back to you saying that anyone could have taken that photo, even though it was yours and you gave them permission to use on their website. Just sayin'.

sparks17 · 30-05-2009, 06:04 PM

Yea, good point. Except they basically admitted to me that they used it without permission and I have proof that they have used the same photo before (it's still posted on their website, with my name credited on it), so they'd have a hard time proving it's a different photo.

shipoffools · 30-05-2009, 06:18 PM

I think you can sue them. Whenever you create anything online, it's your property, especially if you put a siggy on it and date it.

29-05-2009, 06:07 AM	#1
sparks17 Coldplayer Join Date: Mar 2009 Posts: 18 Location: CT Gender: Country: Chat posts: 0 Thanks given: 0 Thanked 0 Times in 0 Posts	Wow, pretty annoyed... Hi everyone, this is my first post! I was searching the forum for photos of a Coldplay show I attended last summer in Hartford. I came across a post about IQ Magazine's story on Coldplay and, much to my surprise, found a full-page advertisement with MY PHOTO on it! I had given the company permission to post my photo on their website, which they have, but nothing more. I'm disappointed that they have used my photo without my knowledge or consent, and am wondering just what I should/could do about this. I have already e-mailed them asking for an explanation, but have yet to receive a reply. Anyone know if this is against the law or if I should be receiving royalties or something since it has been physically published and shipped to people around the world? Any advice would be greatly appreciated! Ad can be found here: http://www.coldplaying.com/forum/gal...ium/iqmag4.jpg (My photo is the one on the right with the lasers.) Sorry if this isn't the ideal place to be posting this, but I figured you guys would have the best advice. Thanks in advance! -Nick Last edited by sparks17; 22-01-2012 at 05:38 PM.

29-05-2009, 06:09 AM	#2
gotcheese2768 Erick Join Date: Oct 2008 Posts: 10,080 My Mood: Location: California Gender: Country: Chat posts: 0 Thanks given: 22 Thanked 15 Times in 9 Posts	hmm well i guess you just have to see what they say. but possibly since u gave permission for it online. it is like already out to the general public so they can use it wherever they like. __________________ Coldplay Concerts=13 Oracle - November 3, 2008 February 1st: Best morning ever, Coldplay Live 2003 watch party!

29-05-2009, 09:10 AM	#3
mc_squared Banned Join Date: Apr 2003 Posts: 67,519 My Mood: Location: Wherever life takes me Gender: Country: Chat posts: 0 Thanks given: 0 Thanked 4 Times in 4 Posts	I reckon you're screwed. __________________ LIFE ISN'T MEANT TO BE TAKEN SERIOUSLY Be yourself, no matter what anyone else thinks. Work to live - don't live to work...................... Age is purely a state of mind! Don't waste your time on jealousy. Success is a journey, NOT a destination. Life is a marathon, NOT a sprint! http://www.generationterrorists.com/...sunscreen.html

30-05-2009, 02:50 AM	#4
greeneyes1207 Coldplayer Join Date: Aug 2003 Posts: 1,259 Location: Atlanta Gender: Country: Chat posts: 0 Thanks given: 0 Thanked 3 Times in 3 Posts	I do believe when you post things online, they're your personal property and you have to be asked permission to use them. (I Learned that in my IT class). Where did you post the picture? Have you emailed Strictly FX and asked them about this? __________________ - Kaleigh Coldplaying Meet Up London July 2010 Atlanta: 9/28/05 11/05/08 11/11/08 05/17/09 9/24/11 7/2/12 Birmingham 05/18/09 Nashville06/06/09 Charlotte 08/07/09 Tampa 08/09/09 -Canceled!!

30-05-2009, 02:55 AM	#5
pickle a summer state of mind Join Date: Mar 2009 Posts: 39,109 My Mood: Location: Buffalo, NY Gender: Country: Chat posts: 0 Thanks given: 1 Thanked 3 Times in 3 Posts	i would email the company..or else, like mc_squared said, "you're screwed" nice photo btw __________________ ♣ poke ♣ tumble ♣ tweet ♣ our careless lifestyle it was not so unwise Last edited by pickle; 30-05-2009 at 02:55 AM. Reason: half asleep hear

30-05-2009, 02:56 AM	#6
sparks17 Coldplayer Join Date: Mar 2009 Posts: 18 Location: CT Gender: Country: Chat posts: 0 Thanks given: 0 Thanked 0 Times in 0 Posts	Yea, and I even put a Creative Commons License on it, so it's protected from being "built upon" or "altered" in any way (which they clearly did both of). I posted it on Flickr originally. They copied the picture from the site directly, so it's not even like I sent them the original and let them do whatever they wanted with it. I contacted them and they replied basically saying there was a "mix up" and didn't provide me with any real explanation whatsoever or even apologize for it (really?). I'm not sure what to do. I'm trying to get legal advice on the matter and then take it from there. It's flattering to have my picture published in an infuriating sort of way. I wouldn't be nearly as mad if they had at least credited me, seeing as it had to do with Coldplay, of all things.

30-05-2009, 02:57 AM	#7
sparks17 Coldplayer Join Date: Mar 2009 Posts: 18 Location: CT Gender: Country: Chat posts: 0 Thanks given: 0 Thanked 0 Times in 0 Posts	Quote: Originally Posted by HappyPickle98;3070050 i would email the company..or else, like mc_squared said, "you're screwed" nice photo btw Why, thank you! Apparently it's good enough to steal.

30-05-2009, 03:21 AM	#8
BerrymanGirl1 Guy's teddy berry!! Join Date: Jan 2009 Posts: 25,826 My Mood: Location: in Guy's pants officially :D Gender: Country: Chat posts: 0 Thanks given: 4 Thanked 6 Times in 6 Posts	Amazing photobut you have a right to be mad they did not have permisssion to use your picture but they go right ahead and they do __________________ Biggest Guy Fan 2010 + 2011 (: Guy Berryman: The Ace of Bass Dee: Oh my god I'm so hungry I want to eat this planet. My DeviantArt

30-05-2009, 03:32 AM	#9
sparks17 Coldplayer Join Date: Mar 2009 Posts: 18 Location: CT Gender: Country: Chat posts: 0 Thanks given: 0 Thanked 0 Times in 0 Posts	Quote: Originally Posted by BerrymanGirl1;3070091 Amazing photobut you have a right to be mad they did not have permisssion to use your picture but they go right ahead and they do Thank you! Yea, I'm pretty annoyed! I love your username and sig, by the way! Brilliant, haha!

30-05-2009, 03:41 AM	#10
BerrymanGirl1 Guy's teddy berry!! Join Date: Jan 2009 Posts: 25,826 My Mood: Location: in Guy's pants officially :D Gender: Country: Chat posts: 0 Thanks given: 4 Thanked 6 Times in 6 Posts	thank you very much those Strictly FX people are pricks I guess they just cant get enough lookinng at Coldplay __________________ Biggest Guy Fan 2010 + 2011 (: Guy Berryman: The Ace of Bass Dee: Oh my god I'm so hungry I want to eat this planet. My DeviantArt

30-05-2009, 05:42 PM	#11
sparks17 Coldplayer Join Date: Mar 2009 Posts: 18 Location: CT Gender: Country: Chat posts: 0 Thanks given: 0 Thanked 0 Times in 0 Posts	Haha, well can you blame them for wanting more Coldplay? I'm still in the midst of figuring this mess out... I contacted the other photographer whose photo was used in the same ad next to my photo, but I have yet to hear a reply from him. I know that artists aren't usually credited in advertisements, but their photo at least needs to be licensed and paid for, right?

30-05-2009, 05:46 PM	#12
BerrymanGirl1 Guy's teddy berry!! Join Date: Jan 2009 Posts: 25,826 My Mood: Location: in Guy's pants officially :D Gender: Country: Chat posts: 0 Thanks given: 4 Thanked 6 Times in 6 Posts	well Im pretty sure if they didnt ask you they didnt ask the other photgrapher!!people these days . __________________ Biggest Guy Fan 2010 + 2011 (: Guy Berryman: The Ace of Bass Dee: Oh my god I'm so hungry I want to eat this planet. My DeviantArt

30-05-2009, 05:56 PM	#13
vespagirl Coldplayer Join Date: Jun 2008 Posts: 19 My Mood: Location: Phoenix, AZ Gender: Country: Chat posts: 0 Thanks given: 0 Thanked 0 Times in 0 Posts	Quote: Originally Posted by sparks17;3066496 Hi everyone, this is my first post! I was searching the forum for photos of a Coldplay show I attended last summer in Hartford. I came across a post about IQ Magazine's story on Coldplay and, much to my surprise, found a full-page advertisement for Strictly FX with MY PHOTO on it! I had given the company permission to post my photo on their website, which they have, but nothing more. I'm disappointed that they have used my photo without my knowledge or consent, and am wondering just what I should/could do about this. I have already e-mailed them asking for an explanation, but have yet to receive a reply. Anyone know if this is against the law or if I should be receiving royalties or something since it has been physically published and shipped to people around the world? Any advice would be greatly appreciated! Ad can be found here: http://www.coldplaying.com/forum/gal...ium/iqmag4.jpg (My photo is the one on the right with the lasers.) Sorry if this isn't the ideal place to be posting this, but I figured you guys would have the best advice. Thanks in advance! -Nick Well, that's a hassle. I took pics with my phone at the show in Phoenix back in November from about the same distance as your photo and I have pics that look almost identical to yours even though it's a different city, different state, different show, etc. My point is, they would probably come back to you saying that anyone could have taken that photo, even though it was yours and you gave them permission to use on their website. Just sayin'. __________________ "You came along and you cut me loose."

30-05-2009, 06:04 PM	#14
sparks17 Coldplayer Join Date: Mar 2009 Posts: 18 Location: CT Gender: Country: Chat posts: 0 Thanks given: 0 Thanked 0 Times in 0 Posts	Yea, good point. Except they basically admitted to me that they used it without permission and I have proof that they have used the same photo before (it's still posted on their website, with my name credited on it), so they'd have a hard time proving it's a different photo.

30-05-2009, 06:18 PM	#15
shipoffools Spinning in a cloud Join Date: Apr 2008 Posts: 1,185 Location: In my place Gender: Country: Chat posts: 0 Thanks given: 0 Thanked 0 Times in 0 Posts	I think you can sue them. Whenever you create anything online, it's your property, especially if you put a siggy on it and date it. __________________ I just got lost Every river that I've tried to cross Every door I ever tried was locked Ooh-Oh, And I'm just waiting till the shine wears off... June 4th 2009 at Riverbend: the night is gone, but the memory lingers on. People moving all the time inside a perfectly straight line, Don't you wanna just curve away? It's such, it's such a perfect day.