Copyright Issue

I have just discovered a local group have scanned several of my images out of a local newspaper without my permission and put them on their website, they did credit them with my name.

Is this legal and what are my options to correct the matter if if not?
Any ideas gratefully received.

miffed ...Lilly

You can ask them to remove them. You can send them an invoice if they don't. You can sue them if they don't pay.

I'm not a legal expert, but that's the order I'd take things in. On the other hand if it's a group you support and you don't mind, then at least they've acknowledged you.

But if you do mind then they can't steal the work to which you own all the rights. It's theft, just as that annoying film at the beginning of so many DVDs keeps reminding us.

Hope that helps!

First check out what the conditions were, when the paper used your pictures.Did you wave all rights, by submitting or not?
But whatever the outcome, third party's should always ask for permission of usage.
They obviously didn't, so write them and explain the case. The "sweet' method often works best, but if you want, you are in your right to sue them. Obviously you should check if your images in some way benefit them financially. If so......,forget sweetness and play hardball.
Copyright violation........... A minefield I am afraid.
Martin.

If they've scanned them they will probably be rotten quality so you have another choice - suggest they might like to have access to a better quality image and at the same time remind them that you hold copyright and that you would normally expect payment for the use of any of your images.

That might open negotiations about some payment - but I'm guessing they are cash poor so that ensuring quality images and a prominent credit plus link might be a better way forward.

Mike

I would like to add the question: Do you (Lilly) accept low quality copy's of your pictures on any given website. I presume the content and message you wanted to achieve are related to the overall quality in print or web usage.
And therefore it can't be acceptable to keep those pictures on their website.
(just try to give you an other "stick" to use if you want to sue.)
Martin.

Thank you all for such quick replies, I did suspect this was not quite 'on' to do such things.
I shall inform them:

a) they should have asked my permission, breach of copyright.
b) please remove them as I do not accept low quality copies of my pictures on any given website.
c) I can supply them with quality copies for them to use at a very reasonable price, otherwise please remove henceforth.

If they dont remove them, then I shall get out the big stick!

We'd be very interested to hear what happens in due course. Hope it works out well for you.

Similar thing happened to me recently, I discovered that a fairly august Arts body was using a portrait I made of a famous artist on their web site. They had asked to see it about a year before and I, thinking they were trustworthy, didn't think to watermark the files. I wrote to them sending them a strong letter, two copies of a licensing agreement and an invoice. This they ignored until court action was threatened. They, through their lawyers have admitted liability but claim the amount being charged is unreasonable(in Scotland the options when an action is raised are 1) pay up and that is the end of it. 2)Deny liability and go to court or 3)claim the amount being charged is unreasonable and go to court to prove it.

My position seems to be further strenghtened since my last letter (this has been going on since January) gave them 48 hours to pay up in full (July 14th)and although their solicitor acknowledged receipt nothing has turned up. The court papers are in front of me right now and will be served by Sheriffs Officers next week. I'll let you know the outcome and post a link in the future to all the court papers as a reference for anyone in the same boat.

Ken

Very helpful Ken, look forward to the update and I shall post my update also.

I'm sorry I forgot to mention that the NUJ (National Union of Journalists) web site has a very useful table of rates for freelance photographers.

The portrait in question is being considered by the Scottish National Portrait Gallery, to boot!

It may also be worth considering that the newspaper in which your images first appeared may also have an objection to their publication being scanned and reproduced elsewhere without permission .

Or did the newspaper grant permission to the other body ? In that case you may also have an issue with the newspaper .

Well funny you should mention the newspaper! I have just fallen out with them also, after getting my first double page spread with them - a reportage re. restoration of our famous street kennels.
Said rag credited all my pics to a 'paid' reporter! After expressing my disgust, rag put in a tiny note next week not even apologising, but stated they were asked to correct it.
So I dont think I shall be contacting them, I think my editiorial days have come to an end, seems there is no appreciation, well, at least here!

Gosh, what parallel lives we lead, just had a similar one too. Local rag (owned by Archant who run local papers throughout the UK) used one of mine which had been commissioned by a client for her advertising on her competitor's advert! Client had a complaint as well as me. Their excuse: "The student done (sic) it". Only managed to get £30

Ken

Hi,

I was a pro studio shooter for some years and this issue never goes away.

When you take any photo (whether you are an amateur or pro), unless you work for someone else (like a studio), YOU have the copyright of your photos..this is automatic. When you submit, or sell your photos to a 3rd party you still have the copyright..UNLESS you sell this with the photo, or waive your rights to keep the copyright. Many photo competitions are very naughtily now requiring entries to waive their copyright.

If someone re-uses your own photos without your permission, they are infringing your copyright. This is illegal. You can charge them whatever you see fit, for using your photos, you can demand they remove them and stop using your photos, or you can sue them....your choice.

cheers Steev.M.

Hi all

This is a very interesting subject and I look forward to reading the outcome.

I read somewhere that some company in USA is attempting to legally claim copyright to all photographs, mine, yours, everyones. Sorry to be so vague but I can't remember where exactly I read it.
Did anyone else here read something similar in the past 6 months?