Hustler---
I am guessing you are not aware that a photograph remains copyrighted to the original photogrpaher forever unless the photographer agrees to a buy-out of the rights. Even if the photographer is hired to take pictures for a client, the client can negotiate exclusive use rights for a specific time period but they will never own the photo unless they negotiate a rights buy-out. And once the time period is up the photographer can sell the photo to other clients. (None of this applies to video for whatever reason).
The photo of Carey's boat you have modified was taken by me. As such, I own the copyright. As you have used the photo without the copyright holder's permission, you are subject to a use fee payable to the copyright holder. And since you did not negotiate this fee before you used the photo, the fee will be determined by the copyright holder.
Normally I would not charge you all that much, but because you have defaced Carey's boat into a butt-ugly vessel (in my opinion, which is the only one that counts here), plus misreprented my work by flipping it, the use fee for my photo is $1.5 million, or the current price of a new, fully equipped Fleming 55, whichever is greater. My attorney will be drawing up the papers for your signature later this week.
As a point of interest we got our Rocna anchor in exactly this way. A Seattle-based magazine used one of my deHavilland Beaver photos on its cover wthout my persmission. When a friend showed me the magazine I contacted the publisher, told him it was my photo, proved it, and he said they'd pay me whatever I felt was fair. So I charged them several thousand dollars for a photo I would have let them use for a few hundred had they asked me beforehand.
-- Edited by Marin on Tuesday 11th of January 2011 07:14:44 PM
