Photography Copyright Question?

[rebeccry]

I took a digital photograph as a favor for someone about 2 years ago. I made them copies and was reimbursed for the cost of copies and given a few dollars beyond that. There was no documentation, nothing was signed. I was just given a check for the costs. The picture is of a particular person that has appeared on television several times over the years. They have been making and selling merchandise using that photograph, selling the photograph itself and using it on their website with no credit to me. I am wondering if there is anything I can do about this. They are making a profit off the photo. I did give them a jpeg copy of it on disc. I have the original photograph file and several others from the shoot. I'm wondering if I can stop them from doing this or I should be entitled to any money from this or I can at least make them give me credit. Any help would be appreciated. I am not in contact with this person anymore so I want to know what I'm getting into before I do anything.
Would I at least be able to say they have to credit me when it is used? Also, would I be able to sell the photograph myself since they have no proof of the copyright either? I do have the original file and others it was made from. So I figure I would have just as much right as they do.

[information_police]

It sounds to me like you sold the image to them for their use, without any restrictions. Unless you copyrighted it and told them it was copyrighted, and gave them conditions for the use of the photo you can't go after them 2 years later to recover any money from them.

[DejaVu]

If its digital (you said you had a jpeg on a disc right?) the metedata will be saved; what date the picture was taken, the camera used, all the information you could possibly want. Even if you didn't sign for anything, the photo IS yours, so you have every right to be upset, I would be too. I'm pretty sure it's illegal for the media to put other people's photographs on TV without consent, so... I'd do something about it.

[patty k]

Why don't you ask them if they would mind giving you credit? They probably won't want to give you money, but they may not care less about crediting you, which may help your career. They probably didn't even give it a thought, and how are they to know that you'd like the credit, if you don't tell them. I don't think they have a legal obligation, but they may not mind at all. If I were the person that bought the photo and someone later wanted money, I'd say, "forget it!" But if they wanted recognition, I'd say sure!

[hexeliebe]

Not after so long. You issued implied permission to use the photo by not asserting copyright immediately. Also, you would most likely have to defeat a defense of laches (not asserting a right loses that right) or work for hire.

Nice and inexpensive business and legal lesson here.