Re: [Leica] Re: Korda sues

[Ted Grant <tedgrant@home.com>]

Larry Kopitnik wrote:
 
> No, you are not overly sensitive. You are correct.
> 
> As production manager of a large ad agency who, among many other
> things, negotiates usage rights with photographers, I'll note this:
> The ad agency is making money from use of the photograph. The
> advertiser is making money from use of the photograph. And, unless he
> has waived his rights in writing, the photographer should expect to
> share in the money being made from use of his photograph. And I am
> continually amazed at the number of advertisers and ad agencies which
> fail to grasp this.<<<<<<<<<

You're a "good man" Larry Kopitnik!  

It would be a wonderful thing if all the people in ad agencies of the
world, big or small, had your outlook at compensating photographers when
their pictures are used.

Unfortunately there are too many who just use the picture without even
considering who took the picture, let alone wanting to give any
recognition whatsoever, monetary or credit line.  And when challenged,
become huffy when you even ask for some grain to feed your children and
go ballistic if you should ever mention the word, "money!"

My advice when asked how to handle situations where a picture has been
used without permission or even the decency to ask if it could be used,
is very simple.  

Be nice when you speak with the agency, don't do this on the phone. But
face to face with the highest level person you can get to, never go
alone, make sure you have a witness,  Explain the situation and if they
don't react appropriately leave without threatening, getting mad.
Yelling or shouting accomplishes nothing but getting your blood pressure
all out of whack! 

It's the old adage:  "Don't get mad.  get even!"

Leave and go immediately to your lawyer, let him look after it!

You inturn go take pictures, have fun and relax!  Let the lawyer worry
about it!!

Thanks Larry for having such a great outlook in looking after
photographers whose pictures your agency use.

ted