Breach of Copywrite

RichardSanderson said:
I can see this becoming quite an issue, so might be coming back for more help in the near future - so information on which sections of the law have been broken may be invaluable.

Thanks again,

Richard
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The specific parts of the law which have been broken:

Under the Copyright, Designs and Patents Act 1988 they have committed Copyright Infringement under:
Section 17, copying artistic works without the permission of the rights holder;
Section 18, issuing of infringing copies of artistic works to the public without permission of the rights holder;
Section 84, issuing of copies of artistic works to the public which are falsely attributed.

Under the same Act they have committed secondary infringement under:
Section 23, possessing or dealing with infringing copies of work;

Hopefully it gets sorted quickly for you. If it does end up going to court, you can then add extra expenses such as court costs, telephone calls and travel expenses.

A good person to talk to would be Sal Shuel who writes about copyright. sal (at) salshuel co uk
 
Arkady said:
I can do better than that:
Give me my money you thieving ****** or I'll burn down your ***** Club-House you ****s and then come round your house and burn yours, your families and you families' freinds houses to the **** ground!

Not much grey-area there methinks!

:D
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:lol:

But don't you think you being a little bit gentle with them?
 
I haven't read the thread in detail, but it looks to me if you are on the right lines.The golf club look as they have behaved shockingly.

For further detailed advice on copyright issues, I strongly suggest signing up towww.own-it.org

It is a free service which offers expert advice on dealing with situations like yours. You may have to wait a week or so before they come back to, in which case you tell the golf club, you're "taking legal advice".
 
RichardSanderson said:
The secretary tried to argue that because i had handed him a CD with photos on it, they were rightfully theirs to print.
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Sounds like they have no understanding of copyright law and I think you'll have to educate them in why using your pictures was wrong. Although it doesn't make it right for them to use your pictures I'm sure if you are both amecable then you'll reach a middle ground.

You are 100% in the right here, it's just how can you turn it round into a win-win solution.
 
With respect to everyone on here.

It's not a surprise that the secretary is ignorant of copright. Let's face it, the OP is also unsure. But we see this sort of thing on TP time and time again which is why we are more familiar with the rights and wrongs.

It's easily avoidable. When handing over the disk point out verbally that permission is required to reproduce the images.

I always think it's a bit like car clamping. Someone parks somewhere and gets clamped 'coz they don't see the sign. Doesn't matter, too late. You've got to pay to get your car back.

In this case the people using the photographs didn't see the sign. And now have to pay up.

This sort of behaviour could give togs a bad name.

I'm not saying there is any excuse for using images without permission. A similar thing happened to me a while back. But the situation is avoidable if it is made 100% clear (not just in the small print) when handing the images over.
 
RichardSanderson said:
Last year I took a CD of photos to the club secretary at my golf club from a PGA competition held at the course.
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Just thought of a question no-one has asked:
Why did you hand over a CD of images to the secretary of the golf club?
What was the purpose in doing that?
 
Unfortunately this is the sign of the times, but perhaps this situation could have been avoided if the OP had given the golf club a CD where the images were low res and had watermark covering the images so that they couldn't be reproduced, so forcing them to ask the OP for the orginals.
 
I would advise not to start with a letter, but talk to them, establish more about how they came to use them and convince them that they have used your photos without permission or compensation. I would also see what they have paid for photos before, you may find it is a lot or maybe nothing. Then you can come to an agreement with them and support with invoice, or if they are not interested / don't understand, then go to the letter with an invoice. If they still ignore you then make it clear to them what the next legal steps are...
 
Hi All,

Been reading this thread. Not sure if this helps but there's a free Exif viewer you can attach to your web browser.

It provides info like this, taken from a pic on the flickr link:

Camera: Nikon D80
Lens: 55-200 mm f/4-5.6
Shot at 200 mm
Exposure: Auto exposure, Aperture-priority AE, 1/2,000 sec, f/7.1, ISO 500
Date: August 19, 2009 11:27:45.20AM (timezone is GMT + 1 hour)
(9 months, 28 days, 12 hours, 18 minutes, 54 seconds ago)
File: 171 × 240 JPEG
48,794 bytes (0.047 megabytes) Image compression: 60%
Color Encoding: Embedded color profile: “sRGB”
Url: http:/ / farm3.static.flickr.com/ 2509/ 4037078399_0ce96747fb_m.jpg


Already Applied True
Aperture Value 7.1
Blue Hue 0
Blue Saturation 0
Brightness +72
Camera Profile ACR 3.6
Chromatic Aberration B 0
Chromatic Aberration R 0
Clarity +38
Color Mode 3
Color Noise Reduction 25
Color Space sRGB
Contrast +48
Contrast Normal
Convert To Grayscale False
Create Date 2009:10:23 17:09:23+01:00
7 months, 24 days, 6 hours, 37 minutes, 16 seconds ago
Creator Tool Adobe Photoshop CS3 Macintosh
Crop Angle 0
Crop Bottom 1
Crop Height 2,592
Crop Left 0.217314
Crop Right 0.695473

And the info goes on and on...

it can be found here:

http://regex.info/exif.cgi

I doubt that the guy who put those photos on the flickr page would use PS CS3.

If he's posted them.... and without removing all the exif & XMP info then he hasn't got a caddy to take the bag. You can email flickr and tell them about this, there's a "take down" notice I believe you can use.

I suggest using the Exif info against him.... somehow?

Myself, I'm new here, so take what you will, or won't, from my post.

I'm going to have a barney myself soon, at my son's rugby club, as one of the coaches of his team sent in one of my pics to the local paper.... I wouldn't have said no if I had been asked, but I would have said I wanted a byline. They knew what they were doing... as they knew I had just turned pro. I'm mad as hell about it, but wife says sshh, don't spoil it for son. Anyway, I'm too old for a rugby ruckus... lol

All the best in your quest for something in return
Paul
 
Why would the OP want to email Flickr with a take down notice for his own pictures on his own Flickr account :shrug:

Prehaps you should have read the thread a bit more carefully ;)
 
Ugh!

It's late. And I've been at the screen all day & night it seems.

I thought that the golf secretary had put the pics up on flickr.

<smacks face>

Still, the Exif widget-thing is handly little thing.

And please tell me that your tag line is intentionally upside down. :D

Paul
 
The last few posts have made my brain hurt :D

Cheers for the letter examples, I'll definitely refer to this should I ever be in this situation! :thumbs:
 
awp said:
Just thought of a question no-one has asked:
Why did you hand over a CD of images to the secretary of the golf club?
What was the purpose in doing that?
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Therin lies the problem. In all probability, the club will say it was an informal arrangement, the OP gave them verbal permission to use the images, and the high res images on cd confirms that.

I think the OP may struggle to get anywhere on this one...sorry mate. :(

Lesson learned for next time - give them low res images as proofs that can't be used for anything else.
 
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