Copy Right Issue Advice Required

trev wilson

trev wilson

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Hi
I am after some advice..

My photography centres around Kennel Club dog shows..

A new book is about to go on sale about the breed I specialise in..A friend has agreed to sell some of the books via her web site, she gave me a copy to look at tonight before they go on sale tomorrow and I have found 2 pictures that are mine but not acknowledged to me..

These books are going on sale internationally to all major sellers.

The owner of the dogs in my photo is acknowledged in the front along with many other people for supplying photos.

Mine were on PBASE with a copyright notice underneath so I suspect she has seen them or someone has sent her them and she has offeredthem to the publisher..

My question is, is this a breach of copyright and would I be due payment for my photographs and whats the going rate for the use of photographs bearing in mind its to late to stop this book going on sale..

Thank you
 
To answer your questions - unless you had given the photos to the person with permission for them to use them however they chose (ie - you gave away your own right to the copyright) then it is a breach of copyright. I suspect the publishers of the book were given the photos and either told that the person handing over the pics had taken them, or that the photographer had given permission. If the second however, they should have made efforts to check and make sure that this WAS the case.

Either way, you would be entitled to payment and (assuming photographic acknowledgements are being given) acknowledgement.

I would suggest a letter to the publishers in the first instance - setting out your case clearly and asking them what they intend to do to compensate you. I suspect you will also be advised by others on here to go after the person who handed over the photos. They're right - you should, but only you know how that might affect future business from those on the circuit with them. That one would have to be your call, but I think at the very least you need to let the person know you have found out, and that it's not to happen again.
 
Thanks for the quick reply Witch..

I agree, I also think the the owner has copied the pictures for my Pbase account as I used to post a link to it on a breed forum for people to look at the pictures after the event hoping some folk would ask to bu copies, and each one has a copyright notice under it..

The owner of the dogs could not have taken them as she was in the ring at the time and is in fact on one of them..

Think this could prove an interesting learning curve for me..

Thanks
 
I would suggest changing your copyright notice under the shots to a nice clear watermark across them!
 
You could also add your copyright to the IPTC header which should beembedded in the files. This is visible from Photoshop, so it gives an instant "ownership" record
 
Nightwing_67 said:
May I ask.. well I was told by a fellow photographer not so long ago... if you took photos on commision by someone else then the copyright lies with whoever comissioned you rather then with the photographer. Is that true ??? xx
Click to expand...

From what I understand, copyright always lies with the creator unless it is specifically transferred to someone else.
 
There was always some confusion over who owned the copyright of an image if it was commissioned. However the 1998 copyright act changed that. The copyright stays with the author, unless it is expressly transferred.
 
Thanks for all the replys..

I spoke to the picture editor today..Who amazingly offered my a free £12.99 copy of the book and a credit when it has a print re-run in 12 months..

Told him I already had a copy and would be writing to him with my fees for using the photos (not sure what that'll be).

Amazingly he laughed and tried to tell me that they always give photo contributors a free copy..

The saga continues..
 
Send him an invoice by recorded delivery stating that those are your fees for him using the image,

also join the NUJ as they will fight your case for you if he tries to stiff you.

I had one of my images used and credited to someone else, the rag refused to pay, NUJ got me £150 for the image just by sending the rag a letter.
 
Trev - I think I can help clarify this for you
Just over a week ago my wife phoned me at work as she had found one of our photos in a magazine - this was a magazine we had submitted photos to before on a professional basis and had been published (and paid their standard rate - which I had asked for before the first submission)
My wife was really happy to see her photo in the magazine - however I was angry as I knew that we had not submitted it, but we had sold a digital image to the person in the photo(my website clearly states for personal use only), and that was the photo that had been used.
when I got home that night I simply sent a very polite email to the magazine saying how pleased I was that they had used another of our images and would be very pleased to be paid the rates agreed before - I attached a formal invoice for payment and ..................


I got paid the amount I asked for within 5 days...

The magazine (and the book in this case) know that they will loose if you take action, its their responsibility to check copyright, before publishing - so ask for the money

good luck
 
Thank you so much for all the advice and replies.

I have traced the route from the pictures being copied from Pbase to them being sent to the publisher. All done in a couple of hours, two phone calls and a couple of emails.

Surprising everyone involved states they told the publisher the photos were copyright to someone on Pbase (me).

Ive sent a letter to the picture editor requesting a payment I think is fair for them using the pictures and explaining If I managed to trac the route in a couple of hours I would have expected them to do the same..

Thing is if they had approached me in the first instance i would have been over the moon for a credit in the book and a free copy..

Once again thanks for all your help..
 
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