
I’ve just discovered I’ve been ripped off.
A while back I wrote a little post about Adobe Lightroom, which was in Beta 3 at the time. The post was accompanied by two photos, a girl and a street musician.
Imagine my surprise when today I saw the photo of the girl in a printed magazine. It was published without my consent, I didn’t even get an email!
I’m a little torn, on one hand, it’s no big deal, just a low-res photo, certainly not one of my best; on the other hand it wasn’t used in some personal homepage, but in a commercial venture (they sell the magazine for about 2 dollars.) It was on my blog, with my copyright set as image “alt” attribute. I have not just the RAW, but even the model release for it.
My lawyer neighbor is out of town for the weekend, so before I contact her, I’m thinking - is this matter worth pursuing? Do you have any experience with similar situations?
As the others have said, I wouldn't ignore it. On the other hand, I also wouldn't even mention the s word to begin with.
Just write a polite letter or email pointing out their error and offering them a way to make you go away - do you want them to print a correction crediting you with the image? Do you want to be paid? If so, what's a fair rate? Don't be greedy, at this stage you want them to choose to do what you ask because it's the easy option for them. Sueing should be a last resort because it's expensive for both of you.
If it all goes well, you may even get some future work from them - it's happened to me before.