|Work for hire?
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|Author:||1XFIB [ 2014-06-03 13:51:44 ]|
|Post subject:||Work for hire?|
Hello Group.. This is my first post.. of several more.. I hope to contribute to this group, so I, and others can learn from each other's experiences..
Here is my situation I worked for a Catholic organization without a contract, but I did submit invoices. I was paid a retainer fee for my photographic services of $1000.00 / month. I stated on the invoices that these images were for "uses in publications, and marketing, for unlimited use."
Since then, my relationship with this organization has gone sour, beginning with their lack of photo credit, and now, I have resigned over an internal dispute. I have learned that in once case, I was told about an outside competitor who was paid an unknown amount of money to film a documentary for the overseeing organization, and was told that it was a non profit documentary. I submitted photos that I took, that they used as part of this documentary film, and they are presently using one of my images for the cover photo of this DVD, which is being sold to the public, that I became aware of recently.
Another issue came up. Soon after I resigned, I learned that another competitor was had shot a video of a retiring member of this organization. They used one of the photos that I took for the feature photo of this documentary, but never provided me with any photo credit, or acknowledgements for the photo, that they hired this guy to shoot.. that he is using his brand info at the end of this video.
Years ago, I worked with a model who signed modeling releases... She was compensated by using photographs for her self promotional needs, until one day, she used my photos, without my mark on them, and used them on a commercial website where she was promoting two competitors of mine, without any acknowledgements of my work.. I had an (expensive) IP attorney contact her and issued her a take-down notice. She hired her attorney, but it did no good for her.. My attorney was a specialist in IP.. and stated that I had an implied license, and therefore, I revoked it.
My question is..... because the ownership of my photos was never established, can I revoke this organization from using my images, which are many, or negotiate a purchasing fee from them?
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