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ElDude

ElDude

ElDude

Soldato
Joined
8 Apr 2004
Posts
2,734
Location
Wrexham
Some cheeky so and so has pinched my band photos to promote their event.

Just waiting for a reply before I send off a large invoice. Ironically they stole it off my mates cover photo on Facebook who I gave permission to use them, but they didn't ask him either :)

I shall leave it as vague as that for now, but will update later :)
 
If they took it from facebook then you may have a hard time getting any money from them, I think it is in the T&C's of facebook that you give them ownership or copyright rights to any photos uploaded, they could just claim they owe facebook and not you.

Please correct me if I am wrong but I believe it being from facebook could impact any chance of payment.
 
I never uploaded them to Facebook. I never do.

I got no reply on their page so I've emailed them asking for credit or £50 per image for the 24 they've used. Turns out my mate has emailed them too asking politely that they credit me as its his band in the photos.

Not having the best week so I don't really care if they think I'm being aggressive. They took my images without permission.
 
Not gonna work.

Part of the cover photo T&C, as they're public to everybody, is that you have to have the rights to the images and all copyrighted content contained within such that as a result you can comply with the T&C that you surrender the rights.

Since your friend did it with permission, then it's likely that constitutes you giving him the rights to the images and thus the right to surrender the image copyright.
 
I highly doubt that's correct. Allowing a single use for one image to a friend is not allowing all and sundry access to my catalogue of photos free of charge.

If I'm wrong I'd like to see the law that says the photographer loses all rights when selling 1 copy as single use to all future sales and use.

Just checked Facebook and it says that if I (me, not anyone else) uploads a public image Facebook and others can use it and associate it with me. As I never uploaded it this doesn't seem to apply, but even so the wording implies credit has to be given.
 
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Phantom Shadow said:
If they took it from facebook then you may have a hard time getting any money from them, I think it is in the T&C's of facebook that you give them ownership or copyright rights to any photos uploaded, they could just claim they owe facebook and not you.

Please correct me if I am wrong but I believe it being from facebook could impact any chance of payment.
Click to expand...

You are wrong.

Facebook made it quite clear that content remains copyrighted to the user when uploaded. This rumour gets banded about a lot, which is why they made the terms clear on the website.
 
This morning i received a cheque for £225 from Local world ltd after i found two of my photo's being used on an internet news site. I found the e-mail address of one of the directors & complained & she passed it on to the guy in charge of digital media. He phoned me to apologise & i e-mailed an invoice to him, he told me that they had been using a freelance photographer & this photographer had pinched my photo's of the web.
 
Nexus said:
You are wrong.

Facebook made it quite clear that content remains copyrighted to the user when uploaded. This rumour gets banded about a lot, which is why they made the terms clear on the website.
Click to expand...

Indeed, it's amazing how a little rumour turns into a well known supposed fact.
 
Busa said:
This morning i received a cheque for £225 from Local world ltd after i found two of my photo's being used on an internet news site. I found the e-mail address of one of the directors & complained & she passed it on to the guy in charge of digital media. He phoned me to apologise & i e-mailed an invoice to him, he told me that they had been using a freelance photographer & this photographer had pinched my photo's of the web.
Click to expand...

One thing to find out your photos have been published unknowingly, but at least you got paid.... but for a Freelance Photographer to pass of somebody else's photos as their own! What a disgrace, I hope they have removed him/her from their books.
 
How do you guys find your images on other sites? I doubt anyone would take mine, but it'd be nice to know how to check.
 
Nexus said:
One thing to find out your photos have been published unknowingly, but at least you got paid.... but for a Freelance Photographer to pass of somebody else's photos as their own! What a disgrace, I hope they have removed him/her from their books.
Click to expand...

I was told that he no longer does freelancing for the group.
 
Thank you for correcting me on the ownership of photos uploaded to facebook.

For the part on facebook which says:
"For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License)."

Presumably that means that if facebook gave someone permission to use your photo that you could not claim any compensation for that use? (Although I would assume it is unlikely for facebook to do this and in the situation above this would have no bearing on the use of the band photo as facebook had not given permission).
 
Phantom Shadow said:
Thank you for correcting me on the ownership of photos uploaded to facebook.

For the part on facebook which says:
"For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License)."

Presumably that means that if facebook gave someone permission to use your photo that you could not claim any compensation for that use? (Although I would assume it is unlikely for facebook to do this and in the situation above this would have no bearing on the use of the band photo as facebook had not given permission).
Click to expand...

Facebooks terms are written in such a way as to allow them to use the content on their site without breaching your rights they are not the oft reported rights grab that the screaming herd would like you to believe. You can either accept this as this is what facebook have repeatedly said or continue the conspiracy.
 
I just upload stupid photos or a link to a site with my photos on. That way there's no issue.

It's making me think about getting around to setting up my site again. Although I'm currently feeling a bit peed off as everyone seems to know someone that wants a favour these days. God forbid I make any money.
 
Busa said:
This morning i received a cheque for £225 from Local world ltd after i found two of my photo's being used on an internet news site. I found the e-mail address of one of the directors & complained & she passed it on to the guy in charge of digital media. He phoned me to apologise & i e-mailed an invoice to him, he told me that they had been using a freelance photographer & this photographer had pinched my photo's of the web.
Click to expand...

An update to this is that i have now found a further fifty violations of my copyright and all of those are on internet news sites run by the company above. I have e-mailed them and they are looking into it:rolleyes:
 
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