Legal Options

So here is the situation. In April I shot a race in Mississippi and also shot the fall race in October. While I was cruising around looking at car parts I come across a site that save some photos off of Facebook and are now using them on their site. They did not remove the watermark, but the way they did it you can't really read the watermark either. Nor did I receive any credit. They used photos from the spring race since the fall race had watermark across the center of the photos. Do I have any repercussion in this matter?

You first need to send them a certified letter demanding they cease and desist by removing your images from their website. If that does not work you can sue them for damages. In your case the damages would be your usual fees that you would charge for such images. The law is pretty clear when it comes to unlawful use of private property.

Dave_W said:

You first need to send them a certified letter demanding they cease and desist by removing your images from their website. If that does not work you can sue them for damages. In your case the damages would be your usual fees that you would charge for such images. The law is pretty clear when it comes to unlawful use of private property.

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Thank You

You also have to prove beyond a shadow of a doubt that the pictures used in their publication/web site are 100% positively yours. The burden of proof is on you. If all these things are satisfied, then yes, sue their asses off! And also what Dave said.

Not sure if this would be the best way to handle this -- but I would send them a return receipt letter complementing them on their taste of fine photography with a bill for using the pictures in the first place. Include copies of the pictures they used to verify your ownership.
Guesstimate the number of unique views their website / photos may have gotten and multiply it by an enormous amount and say that the amount is due upon receipt of the bill you just sent them and that they just signed for.

My way of thinking is to collect what is owed you instead of verifying ownership of the photos.

I wouldn't advise anyone on legal matters...If it ruffles your feathers get yourself a lawyer...

You own the intellectual rights to any photo you take. The RAW files will prove you have that ownership. Bill them, or theaten them with legal action. I'd prefer the money, but if they dont pay your fees, then seek legal advice from a lawyer conversant with intellectual property rights