Copy right Infringement

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Hello , the story goes that I verbally agreed with a publisher that she could use some proofs that she had for some postcards, this was back in august she promised to send proofs and a contract , no money has changed hands, and the contract is in the post , but i was out shopping today and find a post card with my image on it credited to me is this an ifringement of my rights and if so what can i do about it

-- Leo Cole (leo@soulmates.screaming.net), January 20, 2000

Answers

Leo - Technically, your publisher has infringed on your copyright. Some stock photographers who submit work for approval include a letter describing the terms of their submission. This may say that the publisher is purchasing "one time, non-exclusive rights" to publication, and that the price will be negotiated based on usage by the publisher. I would write back, with the postcard enclosed, expressing your concern, and include an invoice "due upon receipt" with a copy to your attorney. Depending on the kind of relationship you want to develop with the publishe will determine the tone of your letter. Good luck and God Ble

-- Larry Maupin (pixman1997@aol.com), May 31, 2001.

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