Photographer Falsly Uses My Name For His Gain Without Authorization?

[John Doe X]

California.

I photograph weddings. I had another photographer assist me & shoot photos. He then took the images he shot and posted them online with the heading "John Doe X - Images" the next line on the google result said "This is a Selection of Samples". "John Doe x" is my real name. The listing looked exactly like this;

"John Doe X - Images | His Name Photography
THIS IS ONLY A SELECTION OF SAMPLES. Navigate using...."

Anyone that googled my name saw this listing with those words in bold, it was on page #1 if you googled my name. Users were able to click on it & see his work, which is terrible-horrible quality. It is very clear that he was trying to get business from my name as he has a ton of experience in internet marketing. He never had authorization to use my name for anything.

I had a significant slow-down in bookings over the last few months during the time he had that up. I have consistent google analytics data with my name being the #1 traffic source-search for clickthru's to my site off google. I also have documentation of all contacts for the last 12 months & can document that I had a high number of inquiries but a much below average booking rate. I have screen shots of the google listing & his page with my name on it.

Do I have grounds for compensation??? I know for a fact that he has cost me a couple jobs. Clients routinely google photographers names to investigate them prior to hiring. It is common practice.

Thanks In Advance,
John Doe X

 

[Zigner]

California.

I photograph weddings. I had another photographer assist me & shoot photos. He then took the images he shot and posted them online with the heading "John Doe X - Images" the next line on the google result said "This is a Selection of Samples". The listing looked exactly like this;

"John Doe X - Images | His Name Photography
THIS IS ONLY A SELECTION OF SAMPLES. Navigate using...."

Anyone that googled my name saw this listing with those words in bold, it was on page #1 if you googled my name. Users were able to click on it & see his work, which is terrible-horrible quality. It is very clear that he was trying to get business from my name as he has a ton of experience in internet marketing. He never had authorization to use my name for anything.

I had a significant slow-down in bookings over the last few months during the time he had that up. I have consistent google analytics data with my name being the #1 traffic source-search for clickthru's to my site off google. I also have documentation of all contacts for the last 12 months & can document that I had a high number of inquiries but a much below average booking rate.

Do I have grounds for compensation??? I know for a fact that he has cost me a couple jobs. Clients routinely google photographers names to investigate them prior to hiring. It is common practice.

Thanks In Advance,
John Doe X

So, in the last year your business is down, right? You DO know that your experience generally mirrors that of the US, right?

 

[John Doe X]

Wrong. I have clear month-to-month data of everything. It is only during the time that his listing & images were posted (for 2 months) that there was a decline in my business. The other 10 months were normal months.

 

[Zigner]

Wrong. I have clear month-to-month data of everything. It is only during the time that his listing & images were posted (for 2 months) that there was a decline in my business. The other 10 months were normal months.

Yet, you have no proof of the reason for the decline.

 

[John Doe X]

Yet, you have no proof of the reason for the decline.

I have data showing steady business in 10 months or more, data showing steady inquiries, data showing steady searches, etc. etc. etc. Year to year data showing that I receive bookings during those months. The guy puts crap work up with my name on it & that's not proof for a decline? He listed his work AS mine?

 

[Zigner]

I have data showing steady business in 10 months or more, data showing steady inquiries, data showing steady searches, etc. etc. etc. Year to year data showing that I receive bookings during those months. The guy puts crap work up with my name on it & that's not proof for a decline?

It suggests it, but is not proof.

 

[John Doe X]

thanks. i appreciate you taking the time to answer my question, sincerely. i'm just pissed.

 

[quincy]

California has a right of publicity statute - California Civil Code §3344 - that protects from use without authorization another's name, voice, signature, photograph or likeness in advertising or soliciting.

Anyone who is found to have violated this law is liable for any damages sustained by the person as a result of the unauthorized use of his persona. The violator is liable in an amount equal to or greater than $750, or for actual damages suffered, and for any profits realized from the use that are over and above the actual damages. Punitive damages and attorney fees and costs are also awardable.

For the unauthorized use of your name in connection with the photographs taken by your photographer assistant and that are displayed on his website, therefore, it is possible that you have a legal action to consider, if the website can be seen as an advertisement for his photography.

To have a good case, you should be able to show that your name has some commercial value and its use by your assistant is designed to attract your clients or more clients to his business. It is also best if you can prove that you have suffered damages as a result of his use of your name (ie. lost clients, lost business).

The right of publicity law is closely connected to infringement in trademark law. The unauthorized use of another's name when the name is connected with a recognized business could be seen as palming off, and there is disparagement/dilution/tarnishment to consider (if the assistant's photographs are not of your quality), and his use of your name to advertise his services can also be seen as an unfair business practice and false advertising.

In other words, a visit to an area attorney may be wise. The attorney can review the website to see just what applies, what doesn't, and what if anything is worth your time, effort and money to pursue.

A cease and desist letter from an attorney, with a threat of a lawsuit and perhaps a demand for $$ to compensate you for whatever lost business you can document, may be all it takes to resolve the matter.

 

[Dave1952]

I think you have 2 causes of action. The first is that he is posting images that almost certainly are copyrighted by your business without permission. The second is that he is using your business name without your permission.
It does sound as if these things have caused actual damage to your business and your business records are evidence of that.
I'd suggest looking in the phone book for a business lawyer and buying a few hours of advice and maybe the name of a trial lawyer.

Good luck

 

[quincy]

I wouldn't necessarily say that there is "almost certainly" copyright infringement here, Dave (although it is possible).

John Doe X said the assistant photographer posted his own photographs on the website (photos of debatable quality), so it would depend on the assistant's employment relationship with John Doe as to whether the copyrights in the photographs are held by the photographer who took them (which is generally the case) or by John Doe.

What would be looked at in a work made for hire, whereby the copyright in the works would belong to the employer (John Doe X and his business) and not the one who created the works (the photographer who assisted John Doe), is if the work made by the assistant was within the scope of his employment with John Doe.

A court would look at the skill required to do the work, whose equipment was used to create the works, how long the assistant and John Doe have worked together and under what terms, whether the assistant has a business of his own, whether John Doe controlled the work the assistant did and how long the work was to last, how the assistant was paid, whether the assistant received employee benefits, how the assistant's taxes are treated. Or a court would look to see if there was a signed written work for hire agreement between John Doe and the assistant, and the works created were specifically commissioned as a whole.

So, while I agree that there are legal avenues to explore here with an attorney who can review all of the facts, and copyright infringement may be one of those avenues, I would not say that anything is an "almost certainly" without knowing all of the facts.


For more information on works made for hire, see http://www.copyright.gov/circs/circ09.pdf

 

[John Doe X]

I wouldn't necessarily say that there is "almost certainly" copyright infringement here, Dave (although it is possible).

John Doe X said the assistant photographer posted his own photographs on the website (photos of debatable quality), so it would depend on the assistant's employment relationship with John Doe as to whether the copyrights in the photographs are held by the photographer who took them (which is generally the case) or by John Doe.

What would be looked at in a work made for hire, whereby the copyright in the works would belong to the employer (John Doe X and his business) and not the one who created the works (the photographer who assisted John Doe), is if the work made by the assistant was within the scope of his employment with John Doe.

A court would look at the skill required to do the work, whose equipment was used to create the works, how long the assistant and John Doe have worked together and under what terms, whether the assistant has a business of his own, whether John Doe controlled the work the assistant did and how long the work was to last, how the assistant was paid, whether the assistant received employee benefits, how the assistant's taxes are treated. Or a court would look to see if there was a signed written work for hire agreement between John Doe and the assistant, and the works created were specifically commissioned as a whole.

So, while I agree that there are legal avenues to explore here with an attorney who can review all of the facts, and copyright infringement may be one of those avenues, I would not say that anything is an "almost certainly" without knowing all of the facts.


For more information on works made for hire, see http://www.copyright.gov/circs/circ09.pdf

First thank you all for your responses. I greatly appreciate them.

Second, I have uncovered more information. A search of cached pages on google show that my name has been used as the page title on multiple pages of his commercial site, 4 & counting. On other pages he titled the page by the clients name. Also, he filled out keywords for some of the pages. He didn't put my name in the keywords that he used BUT he used my name as the first 2 words in the title of 4+ pages in conjunction with photography. The position of those words are the most important in all of search engine ranking. The frequency which they appear also influences ranking, he also had links on other pages where the link was "My Name". That gives it even more weight in google rankings. He KNOWS all of this as he has had web marketing companies for years. IT IS VERY CLEAR that carried out a bit of search engine strategy on his site utilizing my name.

Regarding the comments of others above; I might agree that he can use the images as evidence of his work, fine. He does not have any documentation that lays out ANY rights to the images. What is clear violation is that he repeatedly used my name in his business, went to lengths to market it online, had it listed as "Samples of My Name's Work". ALL without permission. Just FYI, you have to make a concerted effort to list "my name" so many places on his site; page titles, in links, under descriptions, etc. It's not just a "whoops I didn't know" thing.

Also, forgot to mention. "My Name Wedding Photography" is my business name. He didn't use verbatim "My Name Wedding Photography" but he titled several pages as "My Name - His Name Photography". You have to create the titles by hand.

I have copies of all the pages with all the above information I have spoken of. Thanks again, appreciate it.