Famous Author uses my photo for her book cover... without my permission

[AniaR]

Well I've had an adventure today...

I woke up to 2 messages- one being from a semi-local mermaid about my photo being on a book. I thought, oh maybe they found MY books. Um nope...

https://fbcdn-sphotos-a-a.akamaihd.net/hphotos-ak-xpa1/v/t1.0-9/10906218_10155128671255425_4204715682349861554_n.j pg?oh=dba4d0b179118a5ecdf6a96a4c3d8da1&oe=556EE72E&__gda__=1428333112_8879525f95878f962a47fdd4c6c18c3 b

At first I thought this was someone self publishing who didn't know any better, but I googled the author... this is the woman that wrote AQUAMARINE.

So I'm thinking why is this publisher using my image without my consent or paying me??? I freaked out for a few hours, talk to some lawyers, try to do some research about my rights. Then I went through my email..

the publisher contacted me in 2013 asking to use the image for free and linking to a yahoo search where someone obviously ripped the photo, I told them no, and gave them a price quote. They never replied to me, and I assumed decided they didn't feel like using the photo.

So I am seeing red, thinking about how they owe me royalties for using my image since April 2014 to sell this book. After some research with friends who work in the publishing field I found out this is a separate publisher who republishes the book in large print. So I tracked them down and sent them a strongly worded email tonight suggesting they pay me for the use or I get my lawyer.

I logged onto deviantart and searched through those messages, the same woman contacted me for another book this past september but I had never replied because I don't check it often. Here's hoping she hasnt already taken an image for that one! I let the publisher know about that too and how I'd be happy to invoice them for it.

On the one end, cool that my photo is on a famous person's book but you know, totally not cool to take it without my permission or paying me!!! Publishers should know better!

I'll let you know how it pans out.

[Elle]

OMG, that's really annoying. Shit just doesn't seem to be panning out well for you lately. I hope it all gets resolved for you soon.

[Mermaid Gipsy]

Holy carp! I would be FURIOUS.
How could a famous author not know the repercussions of such a thing, I mean, REALLY? I am so sorry to hear about this, and hope that it turns in your favor.

[Mermaid Lorelei]

Wow. Just wow.

[Mer-gal]

Did they even give you credit for the photo?

[Mermaid Gipsy]

Did they even give you credit for the photo?

They better have, at the very least. Holy copyright infringement, Batman!

[courtneymermaid]

Yikes! I'm sorry to hear that happened to you Raina! I do see your plus side too (cool to be on a cover) and I agree that you definitely need to be compensated for the use of that photo. It's a fabulous photo of you though! I hope this gets sorted out!

[AniaR]

that photo is so viral on the internet everyone steals it :(

Apparently it does credit me inside that doesnt make it any less illegal.

[Elle]

Well they didn't have your approval or pay you for it's use. Being credited means shit in these circumstances

[courtneymermaid]

Oh no, that's lame! :( Definitely pursue it! I've had art work stolen and edited without permission and it's not a nice feeling at all! Sending positive vibes!

[MerEmma]

Wow. That is absolutely rubbish. Can't believe it--especially for you to find out about it! Jeeze. :/

[EnidDarkWater]

As some one else who models for pictures, I hope you run them through the ringer! I hate how people just assume you'd let them use the image >.<

[Mermaid Alea]

That is always lame! I never understand why people have to take photos without asking when they could easily do their own photoshoot to get the photo they need or ask the owner of the photo if they could use their photo and possibly pay them for using it especially in the case that it will be on a book cover. Heck plenty of artists would have loved to have a commission to do the cover art for her book. Pretty lame. :(

[MermaidStormy]

People just think they can do what they want wow...

[Echidna]

The general consensus is more and more "if it's on the internet, it's free for the taking".
Especially for the generation that grew up with the internet.

Movies, music, pictures.
I often met complete bafflement and disbelief when I told some people (who were just illegally downloading stuff) that just because it can be found on Google, doesn't mean they can take it without paying someone.

(the answer I got was "Me and all my friends have done it this way for years, and the police haven't shown up yet, so obviously you are wrong")

[Fun123joker]

holy shit. tbh when i saw famous author i didnt think i would heard of them until i scrolled down and reconized the name immediately! Ugh im so disappointed! alice hoffman is better then that! even if her stories are pretty cool it does not excuse her for doing this! i made a cake with a design i got from deviant art but i still asked the deviant if i could post it.

ugh no im mad too.

[Yulia]

That's insane! O:
I hope they pay you. You have to win this Raina!

[PearlieMae]

Not defending anyone on the wrong side here, but chances are good that the author didn't have creative input on the graphics for the large print version of the book. It is clearly the publishers' fault for using the image without clearance and renumeration to you, Raina!

[BayouMermaid]

Wow. I don't even have words for this.

And shouldn't a big publisher be able to pay for image use? I'm sorry that you have to deal with this...

[Mermaid Kelda]

alice hoffman is better then that!
Yes, as Pearlie says above, Hoffman likely had nothing to do with it. Often an author will have no say whatsoever in their book's cover. A publisher should really know better!

[Talia]

Oh my, I just can't even... What is wrong with people?

I am so sorry this has happened to you Raina. I hope it can get sorted out soon. It is infuriating.

[Vrindavana Starfish]

Wow. Even worse that they contacted you asking to use it for free, and you said no, and then they did it anyway. Good luck getting this sorted out. I hope you get a fat check for this. Glad you still have that email.

[Mermaid Lorelei]

Just saw that Raina got it fixed. They apologized and are going to pay her. I don't know more than that.

[AniaR]

Yes I just got the emails sorted with them. it's all being resolved. but wow random eh? They're interested in my images for the future!
I'd like to have a working relationship with them. I'd rather not burn a bridge if I don't have to.

[SeaGlass Siren]

ok so this is what i'm understanding so far.

Raina: You didnt pay me for using my images. pay me or there will be legal repercussions.
Publishing company: ok we pay you. btw love your pics can we use them?
*BAM!* Business

well.. that went better than what i expected.

[AniaR]

yeah me too lol . but that's how it's going. best possible outcome :D

[Vrindavana Starfish]

Awesome!

[Mermaid Galene]

All's swell that ends swell!

[courtneymermaid]

I was so happy to read that it all got sorted out! That's great that they want to work with you in the future as well! Rock on! ^_^

[Mermaid Alea]

What a super happy ending! That is great that you can get more business out of this too! :)

[Grey Gambit]

I'm glad this ended well!