The background to my problem is as follows:
I submitted one of my photos to a competition a couple of months ago. The competition terms stated that I keep copyright, but grant the company a non-exclusive right to use it for themselves. They promise to always give credit to the photographer if they use it.
Well, I didn't get shortlisted. However last week I stumbled accross my photograph on their Facebook promotional page, with their logo on it! And no credit at all given to me. So they are basically using it commercially.
So my dilema is this:
- I know they have infringed copyright (moral right) by not crediting me. This is breaking IP law, and therefore I want them to pay me for using the image
- Furthermore, they have effectively sub-licensed my image to Facebook according to Facebook's Terms & Conditions of use.
- However, the value of the picture is obviously relatively small, compared to what it would cost to enlist the help of a solicitor
Solicitors charge so much, even for simple advice, so it seems crazy to spend a fortune in order to get paid for just one photograph! So what do photographers normally do in this scenario? Should I send them a letter myself, and hope that they take me seriously?
If anyone has any experience of this kind of thing then I would love to hear from you.