Tonight I was reading an article on a national news website here in New Zealand and noticed they used one of my photos. The photo in question was uploaded to Flickr in 2012 and is listed with an All Rights Reserved license. That is the only online account I have uploaded that photo to, so it had to have come from Flickr. The news website has given me credit in name, but the image isn't a link, they have downloaded it and re-uploaded it to their servers. They also cropped out my watermark.The image is of a city waterfront, I'm sure there are a ton of similar photos on the internet under a creative commons license that they could have used.Here's a blurb from the site about protecting their material;The content on this website is protected by copyright, trademark and other intellectual property laws. All rights in the content are owned or licensed by website. If you want to use the content on website other than for personal use, research or educational purposes then you will need our written permission.AAP content on this website is owned by or licensed to Australian Associated Press Pty Limited and is copyright protected. AAP content is published on an “as is” basis for personal use only and must not be copied, republished, rewritten, resold or redistributed, whether by caching, framing or similar means, without AAP’s prior written permission. AAP and its licensors are not liable for any loss, through negligence or otherwise, resulting from errors or omissions in or reliance on AAP content. The globe symbol and “AAP” are registered trademarks.Using Your ContentIn relation to any content you submit to this website you: a. warrant that you are the owner of the content or are otherwise authorised or licensed to provide it to us; b. warrant that the content is not defamatory and does not otherwise infringe any law or the legal rights of any other person; and c. grant us a worldwide, royalty-free non-exclusive licence to use and republish your content in any format, and to exercise all copyright, moral and publicity rights relating to your content.You indemnify website against all damages and costs that we may incur if you submit any content in breach of this paragraph.I was thinking of sending them an invoice for $100 (including GST). So my questions are;Am I correct in thinking they over stepped their rights to use my photo despite giving name credit especially since they cropped out the watermark?If I do invoice, does $100 sound reasonable. Not looking to make money, more of making a point with them. Should I do $50? Not sure what press photography goes for. As far as I can tell it's just online use for this one article.Cheers. via /r/photography http://ift.tt/2tLxtEF
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