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December 27, 2012
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My photo was stolen ???

:iconkimerajam:
kimerajam Featured By Owner Dec 27, 2012  Student Photographer
Hello, I'm a photographer
and I saw my photo in a book which was published:

<img src="[link]"/>
<img src="[link]"/>
<img src="[link]"/>

My photo here :[link]

And I've never given consent to this image to be used as novel cover and for commercial ,online promotional purposes for this book.Did they have the right to use it after buying my print at DA?? . So what should I do in this case.

Some info:
+Author: Shannon Delany
+Name of the novel:13 Değişim Başlıyor (turkish version)
13 to life (english version)
+Publisher: marti yayinlari ([link])
BTW: Turkey is a party to the Berne Convention


Thank you so much for all your support.
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Devious Comments

:iconjackiedavenport:
JackieDavenport Featured By Owner Jan 8, 2013  Professional Traditional Artist
I'm so very sorry! Can you contact the publisher????

On a good note you can add BOOK COVER ART to your resume!!!! Congrats!!!
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:iconkimerajam:
kimerajam Featured By Owner Jan 10, 2013  Student Photographer
They don't answer .I'm doing the procedures to transfer the relevant documents and evidences for my lawyer in Germany. I will update the results, after the lawsuit end :). & Thanks for your support! :)
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:iconvisionoftheworld:
VISIONOFTHEWORLD Featured By Owner Jan 3, 2013
If the only place you know to reach out about this is a cheezy website forum, then I'm affraid you will never see a dime for royalties.
You would honestly need a really good lawyer and substantial proof that you created the image, to be taken to the courts after you sue the publisher. But we here can do nothing, not a thing :shrug:
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:iconkimerajam:
kimerajam Featured By Owner Jan 5, 2013  Student Photographer
okay! Thanks for your support! :)
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:iconjoergens-mi:
joergens-mi Featured By Owner Jan 3, 2013  Hobbyist Photographer
This my be interesting to all it is from Kara-a ( [link] )

How to : Find Art Thieves

[link]
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:iconkimerajam:
kimerajam Featured By Owner Jan 4, 2013  Student Photographer
yeah i knew it ^^
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:iconmythicsonofgod:
MYTHICSONOFGOD Featured By Owner Dec 30, 2012  Hobbyist Traditional Artist
you have my support and good luck
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:iconkimerajam:
kimerajam Featured By Owner Dec 30, 2012  Student Photographer
thansk :)
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:icondjari328:
djari328 Featured By Owner Dec 29, 2012  Hobbyist Digital Artist
Good luck getting this sorted out, it's a beautiful piece. Such a shame someone thinks they can get away with stealing such work
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:iconkimerajam:
kimerajam Featured By Owner Dec 29, 2012  Student Photographer
thank you! ...some people are so brash :doh:
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:iconglori305:
Glori305 Featured By Owner Dec 28, 2012
Get a lawyer. Especially as it appears they are in a different country than you are, the laws are going to get complex, and the publisher. As the book has already been published, contract have already been signed. Who is getting paid what has already been agreed upon. The publishing company is going to be very reluctant to part with more money.
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
Thanks for your support! :)
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:iconsapphire-ashesx:
Sapphire-Ashesx Featured By Owner Dec 28, 2012
It's so pretty too. D:
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
thanks <3
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:iconsapphire-ashesx:
Sapphire-Ashesx Featured By Owner Dec 29, 2012
Np.
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:iconoliwil:
Oliwil Featured By Owner Dec 28, 2012  Student Traditional Artist
Thats so awfull! I hope you manage to sort it out :/
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
thanks :)
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:iconpuppy-dangerous:
puppy-dangerous Featured By Owner Dec 28, 2012  Professional Artisan Crafter
You need to contact the publisher, I suppose, and talk to them first. You may be able to arrange payment and either get paid or pull the picture from future publications.

You might actually need to get a lawyers advice on this one, too. Talk to the publisher first. Then find a lawyer who specializes in copyright.

Buying a print doesn't transfer copyright. You have to actually sign it over to them for them to be able to use it. Same with drawings. Someone buys that particular piece of art, but can't do anything with it without a release.
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
Thanks for your help! Some people say that contact a lawyer before contact the author & publisher ,I'm really confused
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:iconpuppy-dangerous:
puppy-dangerous Featured By Owner Dec 29, 2012  Professional Artisan Crafter
I think you can go either way. The lawyer first would definitely be more effective if the publisher doesn't want to pay, but you'd also have to pay fees to them.

Somebody here who regularly comments has parents that are copyright lawyers. I can't remember who. That's who you need to talk to.
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:iconkimerajam:
kimerajam Featured By Owner Dec 29, 2012  Student Photographer
okay thanks a lot ! have a nice day :)
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:iconmattcombsart:
MattCombsArt Featured By Owner Dec 28, 2012
Ya id for sure contact a lawyer, Its worth the Price to see one, I hear it might cost like $200 to see one. BUt its totally worth talking to one at this point imo. Just because they bought a print doesnt mean they have ownership of that image. They shouldve at least gave you credit for the cover and had your name on it for the illustration at the least imo(respect for the artist at least). KNowing that I think its BS and i would be soo pissed right now.

Honestly with a book with your art....you should get illustration credits, you should be either getting a % of the book sales or they should buy your image outright and then they own it but buying it from you for a larger fee.

This is worth talking to a lawyer about. try to find one that deals with copyright issues when it comes to artists works. Might have to do some research on them in your area and see what ones tailor to that specific grievance.

Also idk if you should contact the publisher before or after you talk to a lawyer. Might be better after you talk to one so you know your options.

Best of luck with this.

ps. If it was me id go after them. Its the principle. I hate people that do stuff like this.
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
thanks alot! Should I inform them that I was looking for a lawyer ? Should I say anything to them
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:iconmattcombsart:
MattCombsArt Featured By Owner Dec 29, 2012
dont say anything to them till you talk to one imo. Weigh your options 1st, then he should point you in the right direction.
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:iconkimerajam:
kimerajam Featured By Owner Dec 29, 2012  Student Photographer
ok I understand, Thanks so much !,have a nice day :)
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:iconurus-28:
Urus-28 Featured By Owner Dec 28, 2012  Hobbyist Digital Artist
Well I think you need the advice of a lawyer, if there is a syndicate of professional photographer where you live you should contact them because they probably face this problem on a regular basis.
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
Thanks for your support! :)
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
thanks :)
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:iconnilanja:
Nilanja Featured By Owner Dec 28, 2012
that sucks!
but you definitely should contact a lawyer! working this out on your own maybe will be complicated and too risky.
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
Thanks Friend! I will do that. But I would like to hear their feedback before making a decision
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:iconnilanja:
Nilanja Featured By Owner Dec 28, 2012
well what should they say? they can only pay you for it...they can not even include your name because the book is already there.
and you should really contact an lawyer because you probably don't know how much money you should get no, do you? the probably have to pay your for the picture itself and for stealing art too...
but I have actually no idea... :blushes: I just hate arthiefs :pissed:

one of my work has been stolen recently. it was on a flyer :pissed: and everything just made me so angry and was really nerve-wracking because I couldn't really do anything :(

I wish you the best and hope the problem will be solved soon! :hug:
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
I think you're right. One day has passed and they still have not responded.
I'm sorry for your work !! You must feel really angry. I hate people that steal art, it's just wrong but we have to accept that thieves are everywhere, we have to protect ourselves & of course, ready to fight :P
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:iconnilanja:
Nilanja Featured By Owner Dec 28, 2012
Oh I was very angry! but your case seems to be worse...because your photo is on a book! a damn book!
yes, ready to fight! :fight:

how did you actually found that out?
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
just accidental! I searched my picture with googleimage and I found the image of the book cover(surprisingly, it's possible to identify ,that photo has been edited quite a lot). Search again with book cover image, results have displayed the sales page online that they are selling this book.
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:iconnilanja:
Nilanja Featured By Owner Dec 29, 2012
oh wow... :omg:
yes it is really edited a lot but you can definitely see it is yours!
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:iconkimerajam:
kimerajam Featured By Owner Dec 29, 2012  Student Photographer
yeah! ^^
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:iconjt-jones:
JT-Jones Featured By Owner Dec 28, 2012  Hobbyist Photographer
hire a lawyer and contact the publisher probably the first steps you should take
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
Thanks for your support!
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:iconjt-jones:
JT-Jones Featured By Owner Dec 29, 2012  Hobbyist Photographer
you're welcome =)
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:iconjoergens-mi:
joergens-mi Featured By Owner Dec 28, 2012  Hobbyist Photographer
I'll think you'll have to take a lawyer for international copy rights and make some lawsuit against this copyright violation. But this may be complicated because of your home country and the home country of the copyright violator. ANd I don't know very to handle this case Turkey or Vietnam. The possibilities are to get an adequate payment for using your photo which may be several 1000 Euros for your work or removing the picture from all books (how many books have been printed?). The change of the color is no reason ro say it is anouther work
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
thanks so much I can authorize a friend in another European country and I have contacted the publisher to explain about this and pending feedback
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:iconjoergens-mi:
joergens-mi Featured By Owner Dec 28, 2012  Hobbyist Photographer
I think that's the correct way. When you have a friend in the european country, who handles the lawsuit for you, it might be very helpfull. For yor information Turkey is an european country but not member of the european union, therefore it might be possible that the whole cas emust be handled in Turkey.
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
thank you for this important information :)
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:iconsiantjudas:
siantjudas Featured By Owner Dec 27, 2012   Digital Artist
When someone buys a print they are not buying the rights to reproduce or use the artwork in that way.

You are going to have to contact the publisher. Legal council on what could be done would be helpful too, so you know what courses you can take. You're eventually going to want to send the publisher a cease and desist letter, but considering it's in another country, they could very well just say fuck it, and have a nice day.
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:iconkimerajam:
kimerajam Featured By Owner Dec 28, 2012  Student Photographer
okay i got it, thanks a lot, have a nice day
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