Originally posted by eddie1960 ok looking at the reply you got inform them that since this is the action they chose to take you are submitting an invoice for web usage (I'd say $400 for a 1 year non exclusive usage is fair, or the option of $2000 for exclusive usage - really any price you want as they won't pay it i can guarantee it) and expect it paid withing 30 days or you will turn it over to your lawyer
they should respond by removing it
Remind them that All copyright and control remains with you and that retroactively applying credit to a photo that was stolen is not good enough
Personally I would demand it's removal as a point of principle. I usually have the issue with work I've posted in Flickr despite having the copyright listed and in the Exif data
i've had stuff show up in european travel guides, city websites, music magazines, beer ads.... the list goes on threat of legal action and an invoice are the way I start now having gotten nowhere in the past by being nice.
good luck
I completely agree with this post. You deserve to be payed, and that's the bottom line. We're talking about stolen property here. Apply this scenario to another piece of stolen property and see how ridiculous it seems. In reality, even paying for it seems like not enough. Again, stolen property.
Let's say you go to a car dealership and just take whatever car suits your fancy. Then the dealership finds out that you took their car without their knowledge and without paying for it. Which of the following responses from you is likely to be agreed to:
a) Sorry, I'll give you credit for having made the car.
b) Sorry, I'll just pay you for it. No harm done.
c) Didn't know you felt that way about it, you can have it back.
d) Someone else parked this car in my driveway, so it actually belongs to me now.
And now back to reality. You'll give the car back, possibly be forced to pay for it anyways, be prosecuted for grand theft auto, and probably go to jail.
So in all honesty, it's incredibly lenient to only have to pay for, and then get to keep, the thing that you have already stolen. They took your property, they owe you money.