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Old 16th Apr 2009, 19:40   #1
Burlsey
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One of my photos used by national newspaper without permission.

As the title, just writing an e-mail to the editor now, any ideas on what to write? Never had this happen before, and I thought you guys might be able to assist

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Old 16th Apr 2009, 20:33   #2
GeX
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don't write a letter, send an invoice.

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Old 16th Apr 2009, 20:34   #3
Hatter The Mad
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Send an invoice, make some money. Which news paper is it? If it really is a national one (The Times, The Mirror etc), you should be looking at 5 figures.

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Old 16th Apr 2009, 20:38   #4
GeX
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5 figures? calm down..

i think around 250, but i'd bump it up a bit due to the whole copyright theft issue.

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Old 16th Apr 2009, 20:38   #5
MikeHunt79
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That's a bit naughty, they often have to get a signature before printing pics...

What was the pic of?


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Old 16th Apr 2009, 20:47   #6
Combat squirrel
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More to the point, where did they get your photo from ? If it was facebook etc, you haven't got a hope.

Be Happy
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Old 16th Apr 2009, 20:48   #7
Burlsey
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http://www.dailymail.co.uk/news/arti...e-boys-of.html

Thats the artcle, it the photo of the boy spilling a bucket of water over a man.

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Old 16th Apr 2009, 20:49   #8
Combat squirrel
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Quote:
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More to the point, where did they get your photo from ? If it was facebook etc, you haven't got a hope.

Be Happy
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Old 16th Apr 2009, 21:26   #9
A.N.Other
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Originally Posted by Hatter The Mad View Post
Send an invoice, make some money. Which news paper is it? If it really is a national one (The Times, The Mirror etc), you should be looking at 5 figures.
Sorry, but what?
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Old 16th Apr 2009, 21:26   #10
Derek W
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http://www.dailymail.co.uk/home/terms.html

Points 6 and 8 ? may be of some relevance.


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Old 16th Apr 2009, 21:51   #11
Johnny|lucidcomposure
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5 Figures! hahaha what land do you hail from. Maybe if it was front page material. filler articles I do not think so.
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Old 17th Apr 2009, 06:10   #12
D.P.
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Even 250 would seem excessive in these days of microstock, most filler photos can be had for under 1$!
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Old 17th Apr 2009, 07:29   #13
Burlsey
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More to the point, where did they get your photo from ? If it was facebook etc, you haven't got a hope.
The photo is only in one place, on my PBase site.

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Old 17th Apr 2009, 07:35   #14
4T5
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Send them a Very polite invoice requesting your 285 pound fee & inform them that you will happily supply more pics on request & Thank them for there business. + +

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Old 17th Apr 2009, 07:49   #15
neil_g
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Originally Posted by Mail
as shown by these images from an email which is currently doing the rounds...
they could claim the images were sent to them so can use them under points 6 and 8 of their t&c's.
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Old 17th Apr 2009, 07:50   #16
Raymond Lin
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Here is a tip, always start the first letter politely, if you end up suing them, this letter will be shown at Court and you don't want to come across aggressive from the get go. You want to be seen as the victim and be hard done by so the Court will compensate you, so you want to start out polite but state what you want at the same time.

I'd send them something like this, send it by post, stuff email. Mark it urgent, or it could end up in the pile of post in the mail room for weeks.


-----------------------

URGENT


Dear Editor

Re: Photo in Article

I refer to your article on "So that's what little boys are made of" and write to inform you that I am the photographer and copyright owner of the photo titled "Splashing out: He's in for a real shock". I enclose an invoice in the sum of 300 and look forward to receiving a cheque made payable to Mr John Doe in the next 14 days.

Yours faithfully

---------------------------

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Old 17th Apr 2009, 08:10   #17
naknakkus
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Daily Mail, what do you expect? I wouldn't be surprised if they had an article complaining about rampant copyright theft on the same site.
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Old 17th Apr 2009, 08:42   #18
greedy123
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Daily Mail, what do you expect? I wouldn't be surprised if they had an article complaining about rampant copyright theft on the same site.
lol +1

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Old 17th Apr 2009, 10:01   #19
Sh4rkie
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That series of photos i've seen in a .ppt via email i'm sure, possibly on FB as well.

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Old 17th Apr 2009, 10:18   #20
GeX
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Originally Posted by D.P. View Post
Even 250 would seem excessive in these days of microstock, most filler photos can be had for under 1$!
possibly so, i was expecting to see it in print - not on a site. either way tho, copyright theft isn't funny and big papers cannot get away with it.

this is something that happens a lot in urban exploration circles, it is very rare the press are given permission to publish any photos.. they just steal them instead, then get invoiced!

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Old 17th Apr 2009, 12:37   #21
dekez
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Lucky you spotted it, it makes me worry if any of my pics have been used without permisison. I don't want to have massive watermarks on photos but may be the only way.
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Old 17th Apr 2009, 12:55   #22
Vertigo1
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They'll no doubt claim that the photo was sent to them by someone, possibly purporting to be the photographer. Not sure what the law is here but I'd assume it's up to them to determine the provenance of the photo before using and not simply taking the word of the person submitting it.
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Old 17th Apr 2009, 13:25   #23
A.N.Other
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They'll no doubt claim that the photo was sent to them by someone, possibly purporting to be the photographer. Not sure what the law is here but I'd assume it's up to them to determine the provenance of the photo before using and not simply taking the word of the person submitting it.
Having worked for quite a while as a photography editor for a weekly student paper (of around 35 sides + pullouts), I find that quite a remarkable statement. For me to have done that for our images would have taken a considerable time. Do you have any idea in the slightest how much work that would take for a daily paper?

In general, papers tend to use free stock images and cheap stock sites as much as possible. It is your right to ask for money in return for the print, but I'll tell you now a) it been sent to them by someone and printed in trust, so at best I'd imagine you might get some kind of apology. b) it's not worth your time to enter into some kind of battle over it for the money they'd give you anyway.
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Old 17th Apr 2009, 14:36   #24
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Are you really that fussed? It's not exactly a piece of artwork. It's an amusing snap for sure but it's not as though your original intention for the piece was to make money, thus you haven't lost any revenue from it.

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Old 17th Apr 2009, 16:34   #25
ShakenNstirred
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Are you really that fussed? It's not exactly a piece of artwork. It's an amusing snap for sure but it's not as though your original intention for the piece was to make money, thus you haven't lost any revenue from it.
thats not the point, if it was you using one of there pic`s without permission they would have a lawyer on your back

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Old 18th Apr 2009, 08:13   #26
Namistai
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Paragraph 8 of their T&Cs may have you over a barrel tbh, as said above. I'd try the softly softly approach, as per Raymond Lin's suggestion above. See what happens, you have nothing to lose by sending them a letter by recorded post!

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Old 18th Apr 2009, 09:15   #27
deadite66
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https://www.moneyclaim.gov.uk might be worth it, lots of companies have t&c that don't stand up to law imo.
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Old 18th Apr 2009, 09:41   #28
Cobertizo
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Some people's reactions to this are a bit strange/unrealistic. Here's my take:
You posted a picture online, it's been passed around a bit, and has now appeared on a national newspaper's website, well down the page, as part of a minor filler feature. They are infringing your copyright, but it's hard to claim that they are gaining any particular commercial advantage from your specific picture.

If I were you, I'd do the following (some of which has already been mentioned):
a) Watermark all pictures you publish to the internet.
b) Email the web editor to point out that they are using your image without permission. I'd consider giving two of the three options - 1: you are happy to allow them to continue using it if they credit you and pay you a small fee (50-250), 2: they can continue using it if they credit you, or at least replace it with a watermarked version from which people could contact you (probably only worth it if you have other photos you'd want to sell in future), 3: if neither of the first two, they should remove it.

Please don't use the small claims court/moneyclaim etc for this. Apart from anything else, you'll end up wasting more tax payers' money than you'll win back, and it's not as if you have a huge moral point to make. If you ask them to remove it and they refuse, then that would be another matter.
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Old 18th Apr 2009, 11:13   #29
Mr-White
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can you prove it's your image ?

MW

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Old 18th Apr 2009, 12:06   #30
Namistai
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https://www.moneyclaim.gov.uk might be worth it, lots of companies have t&c that don't stand up to law imo.
Absolutely right. Many online retailers try to remove the customers' statutory rights in their T&Cs, such as the Distance Selling Act. It's very possible that an organisation such as the one in question here may do the same thing.

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