Any photographers here?

[Eric The Viking]

I don't think they're going to prove due diligence if they haven't made any attempt to make contact.
The onus is on them, not John, really.

 

[Benchwayze]

No email address for them. Just a message facility on their web-site.
At the moment there is some doubt who actually 'stole' my image. The architects or the printers, or the designer of the 'flyer'.

But either way, I have the painting still in my possession, and I never gave anyone permission to use it, for remuneration or otherwise.

 

[Eric The Viking]

I suggest you go after the publisher of the flyer. There's no obligation on the part of the printer to establish copyright (they just print). The designer has a responsibility... but probably no money.

The biggest advantage of the small claims court is that you dictate when and where (to a large extent). This can be expensively inconvenient for anyone having to engage counsel. :wink:

But I'd expect them to ask what you did about it. If you wrote to the publisher (and can prove it) and received no reply, it is very much in your favour. It's also helpful if you have witnesses as to you having made the original artwork.

Of course, if they got their own artist to create a similar scene (assuming it's a real place), none of the above applies - theirs is a new, original artwork. If they modified yours, without permission, it's plagiarism and theft of IP.

E.

 

[Benchwayze]

As I said Eric, there was no email address as such. The letter was written through the website, using the 'contact us' link. Although I did give them my email address and the submission should be recorded.

The original painting is still in my possession, but I could no more prove I painted it, then I could prove I didn't! 8)

Personally I feel I would just like to give the person responsible a good roasting, and demand an apology. But as events overtook me, and my wife fell ill, it's probably too late now anyhow.