Discussion:
I am a fine art Florida photographer with a question about copyright infringment.
Over the past two years, I have sold two photographic essays to a regional magazine based in the state. Each agreement was for one time rights use and each was paid at the agreed amount.
The problem is that several of the images which were in those essays are now appearing on the magazine's newly created website. Without credit line, copyright mark or image title, they are shown as part of a website feature which allows a website user to select one of my images, write a message and send it to an e-mail correspondent as a kind of electronic postcard. Discovered accidentally, I have no idea how long this has been going on.
What are my choices?
Thanks.
Answer:
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
One time rights only? Was this a license agreement where you retained copyright? to any and all forms, now or herafter known?
If they only had a limited use to reproduce for an article and you kept the copyright, the digital download is one infringement and every sent one is another infringement.
So, my suggestion? Find yourself a copyright infringement attorney or breach of contract attorney and have fun. But.....I hope you registered your copyright with the U.S. Copyright Office. Only then are you allowed statutory damages as defined by the Copyright Act.