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  1. #1
    Midnight Blue is offline Elite Member
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    Default Advice wanted re. photo used without permission

    Hi all,

    I know there's some people here with much better photo copyright knowledge than me. The Daily Mail have used 3 photos in a news article on their site taken from a friend's website without his permission. (they're definitely his as each photo has half his logo left in the corner). Where does he stand with this and what can he do. Could he ask for some money or will they likely just remove them? He's a young lad and has not had this happen to him before, but his site is such (non burly) that this could happen to him in the future so I'd like him to have the info

    If anyone has any contact already worded that would be even better

    many thanks

    Keri -x-
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  2. #2
    blitzgrrl's Avatar
    blitzgrrl is offline Elite Member
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    He hasn't put them on any sites that have a copyright share policy? Like creative commons?

    Best bet is to write to the daily mail legal department and if no reply comes back then go and get some legal advice. Most solicitors have a free 1/2 hour of advice that could be useful
    www.ErisEveiller.com

  3. #3
    Midnight Blue is offline Elite Member
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    No, they're taken from his own website, and they still have the majority of the website address in the corner

    I knew others here have had experience of this in the past so was hoping he could get an idea of the best course of action

  4. #4
    Jim Devereaux's Avatar
    Jim Devereaux is offline Novice Member
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    It can be very difficult to got anything out of big companies when it comes to copyright issues. They'll nearly always assume it's ok to use them. even if you follow up on it if they've done something wrong they'll drag their heels. You could try speaking ot a solicitor and get them to send a letter, that might care them into action.

    I once had a big picture of me used on a billboard and was never offered a penny for it. Told my agent to pursue the money I was entitled to but he was so afraid of upsetting the client that he said nothing. Artists always get screwed first!

  5. #5
    Broomy's Avatar
    Broomy is offline Witch Pastie
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    Quote Originally Posted by Midnight Blue View Post
    No, they're taken from his own website, and they still have the majority of the website address in the corner
    All of a sudden, my O/H's insistence on, no wonga, no photo, is making a lot of sense.
    Sorry to hear of The Daily Mail's transgression. The thing to do, and do it, don't be worn down, if nothing comes from polite correspondence, go to a small claims court, if they find in your favour, The Daily Mail will have a County Court Judgement served on them. If they ignore that, you are entitled to send the bailiffs in. Can you imagine the editors of Fleet Street relishing The Daily Mail's embarrassment?
    See if this link helps with any uncertain legal arguments:

    P-16: Photography and copyright

    Sadly though, I think Jim's experience is not a one off. But hey ho, you can but try.

  6. #6
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    Because of the Internet, these companies have to be very tough with their copyright regulations. Any photo copuld go anywhere and can be used and misrepresented which could get them in trouble, because they were the original source of the photo.
    Make sure you know what you are doing and getting yourself into. It will save you a lot of annoyance.


    Quote Originally Posted by Broomstick Pilot View Post
    All of a sudden, my O/H's insistence on, no wonga, no photo, is making a lot of sense.
    Sorry to hear of The Daily Mail's transgression. The thing to do, and do it, don't be worn down, if nothing comes from polite correspondence, go to a small claims court, if they find in your favour, The Daily Mail will have a County Court Judgement served on them. If they ignore that, you are entitled to send the bailiffs in. Can you imagine the editors of Fleet Street relishing The Daily Mail's embarrassment?
    See if this link helps with any uncertain legal arguments:

    P-16: Photography and copyright

    Sadly though, I think Jim's experience is not a one off. But hey ho, you can but try.

  7. #7
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    Quote Originally Posted by Midnight Blue View Post
    Hi all,

    I know there's some people here with much better photo copyright knowledge than me. The Daily Mail have used 3 photos in a news article on their site taken from a friend's website without his permission. (they're definitely his as each photo has half his logo left in the corner). Where does he stand with this and what can he do. Could he ask for some money or will they likely just remove them? He's a young lad and has not had this happen to him before, but his site is such (non burly) that this could happen to him in the future so I'd like him to have the info

    If anyone has any contact already worded that would be even better

    many thanks

    Keri -x-

    Tell the guy to nail their arse to a wall!!!!!!! It is about time the supposed to be "big" newspapers pay for thieving copywrited work of all sorts. As a Freelance Photographer any image of me or those some one else takes of me like my avitar on here, is copywrited to ME. Any image any one in this whole MOB takes of anything or anyone is sle copywrited to THEM and as such CANNOT be used without permission or payment. The UK has the strictest copywrite laws on the planet BUT, most news papers and magazines WILL try to pull one if they think the photographer is young, new to the game etc. The chap MUST write a bill and send it to the newspaper then, if nothing happens in about two weeks, see a solicitor and screw the bastards to a wall! One major online company has already been screwed to a wal in the UK for using what THEY thought were "free" images placed online by UK photographers. Boy, did that USA company get cooked big time!

    Just do NOT let this drop, keep at them I would even make a feature out of it in the Sun just to cause prime reading embarassment to teh other newspaper!

    You ladies that are on stage? If you get photo's taken and get sole ownership of them and copywrite then you to can sue another person to the hilt for using them without your express permission or payment.

  8. #8
    December Charm's Avatar
    December Charm is offline Elite Member
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    Quote Originally Posted by Michelle Moi Belle View Post

    Just do NOT let this drop, keep at them I would even make a feature out of it in the Sun just to cause prime reading embarassment to teh other newspaper!
    I love that idea! Are papers allowed to run stories about other papers?
    Snowflakes and Sparkles

  9. #9
    sianashleigh is offline Novice Member
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    ive just finnished a term on copyright within photography and they are actually breaking your copyright. you need to have a serious word with them. A local paper used some of my images and thought it was ok to not tell me, just leave my signiture on it and when i asked why they had not asked permission they said they thought it would help me as im a student. i told them to bugger off basically and they gave me moneys lol

  10. #10
    Joanie Rose's Avatar
    Joanie Rose is offline Advanced Member
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    Bloody idiots, if it were me I'd phone the paper and see if I could get some advice from them about whether they'd be willing to reimburse, they'd get a telling off and if they didn't comply I'd take legal actions.

    Such a big company should know better but they like trying it on to see what they can get away with. The internet is such an amazing tool for creative professionals but it's getting so hard to protect your work without sticking a massive watermark over everything. Urgh! xx

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