I was just reading about a copyright infringement (http://www.photosig.com/go/forums/read?id=238502) and then came along your post.

It's an un-fourtunate situation and I'd find it a difficult one to deal with. How many people are in circulation and seeing the photo? Perhaps ask for credit/reference whenever it's used? Personally I would probably avoid chasing money for the usage as afterall it's your work force and could create an ugly situation?

The first thing I'd do is speak to the person responsible for the publication and ask what was going on.

Well, that's obvious. Remember there used to be a time before everyone was litigiously minded about copyright? People actually had to communicate without the aid of lawyers... so just go round there, invert a bucket of cold water over the perpetrator and explain in words of one syllable *why* they're a numpty.

Umm, to put it a bit bluntly, don't be a douche.

Talk to the guy, ask him to put credit lines in future publications. Bringing legal issues into anything is just asking for trouble, and even if it wasn't a workplace thing, it's just kind of, annoying.

I agree with Jason. You're really over exaggerating the situation. Just talk to the guy and request that proper credit be given to you. Chances are, it was an accident, as most people find an image they need through Google image search in a hurry to finish their school project, independent [workplace] publication, etc. and go ahead and save the image without reading anything at all on the website.

Not to mention.. Sorry, but the image isn't really something to make a big deal of. It's looks like it was simply just a point-and-shoot image using the macro mode that pretty much anyone with a semi-decent digital camera could produce.

@Ben: It shouldn't really matter how good or bad (or any other measure) you think the image is. Neither should it matter how easy or hard it might be to photograph such an image. The issue still stands.

I guess, if I were to find my images/photos used somewhere, I would probably be thrilled that someone found them worthy. At the same time, I think that whoever took the image should be given credit. For example, a link that points back to the image source or a byline in print that would direct people to the source.

Personally, I'm not a huge fan of the whole "you must ask permission" philosophy that you adhere to (from what I read on your policies and such) but agree that credit must be given. For one thing, if I happen to find an image I want to use in a post, I probably will want to publish the post within the next couple hours and waiting for a response for permission can sometimes take several days (depending on whose permission you are asking for) but again, my photos are not quite as professional and high-profile as yours.

I don't know if that works for you... have you consider this approach by sending someone this letter form called "cease desist" letter, something looks like saying as follow:

Dear [name]:
It has come to my attention that you have made an unauthorized use of my copyrighted work entitled [name of work] (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in [date], [and have registered copyright therein]. Your work entitled [name of infringing work] is essentially identical to the Work and clearly used the Work as its basis. [Give a few examples that illustrate direct copying.]
As you neither asked for nor received permission to use the Work as the basis for [name of infringing work] nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.
I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by [date give them about 2 weeks] indicating that you have fully complied with these requirements, I shall take further action against you.
Very truly yours,

Anyway, that truly sucks when something happens when somebody pass it off as he/she own it WITHOUT asking for permission. I hope that your image has "secret" data in it to prove that it is YOURS.

Has your situation has been resolved, no?

Excellent site martybugs.net and I am really pleased to see you have what I am actually looking for here: this .. as it's taken me literally 1 hours and 11 minutes of searching the web to find you (just kidding!) so I shall be pleased to become a regular visitor :)