My picture is being used without my permission. How do I resolve?

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stellarbeam

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Jessica
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First off, apologies. I know this is probably asked a million times on here. I should have been taking notes, but for some reason I never thought it would happen to my images. Only good images that happens to I thought.

The photo is a live gig shot and is being used by the band's record company's website alongside a news post about their new tour. The unusual think in this case is that the website has credited me, even providing a link to my flickr photostream (which is how I discovered it was there as it appeared in my referall stats)

A quick calculation on Alamy puts the use at £39 (providing I've clicked all the right usage boxes) Not a huge amount, but it's not the point.

The frustrating thing at the moment is this is one of my favourite bands and I would like to stay on good terms with the record company as I would like to shoot them a lot in the future.

I'm just not sure the best way to resolve. Surely just because they've provided a link to my site doesn't make it ok?

I've had images appear without my knowledge a fair bit recently, but it's been small bands putting them on their myspace pages. Whilst it's not ok doing so without my permission I realise that a lot of people simply don't know better. I just ask them to add a credit and I'm happy. But this is a record company and they should know better...and have a budget for such things.

Any advice really appreciated!
 
If it was me i'd forget about the £39 and try and turn the situation to my advantage. As it's promoting a tour why not drop them an email saying you noticed them using your image, thank them for the credit, and then enquire about some photo passes for the tour. Who knows where it might lead.
 
I agree, if you had nothing to gain from them, I'd say slap them with a big invoice, but if you can spin it to your advantage. If they say no, and are unaccommodating, then switch to plan B and inform them the invoice will be in the post, but if you can settle peacefully then you could get a lot more out of it!
 
I was thinking this in the back of my head so as this has now been suggested I think I'll ask this. I wasn't sure before if this was a right thing to do... I'm so new to all this.

I was super giddy when I saw the tourdates this morning as was going to buy a ticket first thing tommorow morning when they went on sale. I think I'll hold off for now and see if I can shoot a couple.

P.S. I just realised that some of those sentences don't make complete sense. I was up at quarter to 4 this morning to catch a train home and am somewhat sleep deprived. I'm usually (slightly) more articulated. Honest.
 
Agree with the above suggestions.
Any chance of naming the band or record company? If the record company are doing this with your images there's a chance they could be using other people's as well.

Paul
 
Mangelwurzel said:
If it was me i'd forget about the £39 and try and turn the situation to my advantage. As it's promoting a tour why not drop them an email saying you noticed them using your image, thank them for the credit, and then enquire about some photo passes for the tour. Who knows where it might lead.
Click to expand...

And then what? We got away this time so why not next time? They are breaking the law and should not be thanked.

Have a look in the business section for what to do next, this comes up on a regular basis, £39 though doesn't sound nearly enough.
 
£39 for web advertising does seem a bit low for an image unless its common/poor quality/etc or only used for a very limited period.

I would agree with those that have suggested trying to get future businees rather than cash out of the company, but you also need to make it clear to them that they can't steal your images. If you arrange future shoots with them, and haven't done so they will just expect to be able to carry on.

I would suggest a polite e-mail saying that you have noticed the image, thanking them for the link back and stating that in this case you are happy(assuming you are) to waive the usual fee, which in this case would normally be £x pounds, in return for access to future gigs or whatever. If they agree, get it in writing.
 
get me some bass strings...
 
Edtog said:
And then what? We got away this time so why not next time? They are breaking the law and should not be thanked.
Click to expand...

Of course you're right, but approaching them with tact and politeness might possibly open up more doors than getting arsey and slapping them with an invoice for peanuts.
They have broken the law and shouldn't be thanked, you're absolutely right, but sometimes it's best to see what you can get out of it first :)
 
First thing I would make 100% sure is that there were no conditions when taking the photos in the first place. There could have been something in the small print signing away use of the photos to the record company on ticket or pass (dont know which you had).
 
I'd rather not name the record company. Especially as I haven't contacted them yet. I will say that they are a small company from down south but who have a few bands that are starting to get quite a high profile. The band that I have shot are starting to get a lot of attention by the NME etc. I've actually just checked their list of artists and one band is really well known.

I may well have worked out the wrong price, the image was small 350 x 239 pixels which isn't a size option on flickr so I guess they have resized it. It's on the main home page of the website. As it's regarding a tour I imagine it will remain online at least untill then (next March) and will probably stay in a news archive section of the site after that.

There was definately no small print that I have missed regarding the use of the images. I signed absolutely nothing and looking back at the email chain I have regarding the arranging of the pass (that looking back was arranged through the management) there is nothing from either side to suggest they can be used by them.

@Edtog - I do agree with what you are saying but on this occasion what I can get out of this is probably a lot more than what the image is worth. I will make it very clear to them that it is not acceptable taking the image without my agreement and that it cannot happen again.

This company has quite a few bands that I really like so I'd really like to maintain a good relationship with them.

I'll contact them today and I'll update this thread with the response / outcome. Hopefully this little annoyance can be turned into a positive thing for me.
 
I understand what you are saying but if something is offered for free then there becomes an expectation that it will always be free and you end up digging yourself into a hole.

What if the band become the next Oasis and you have the only early pics of them? All of a sudden your pics are used everywhere, and you won't get a penny...
 
You could contact them and say "well, it is a breach of copyright using this picture on your website. However, on this occasion I will overlook it if you give me access to other bands or gigs, and agree to pay me next time"

It may be that the record company is so used to getting pictures for free, it never occurred to them to ask you!
 
That's pretty much what I'm going to be saying (just about to construct an email now). It will be very clear from the email that under no circumstances can it happen again.
 
Have you checked your copyright settings on Flickr. From reading something a while back I am sure that there is a setting which allows them to use your images (assuming you ticked the box on signup)... Then again i might be talking rubbish :)
 
I do know the thing you are talking about but I have mine set to (C) All rights reserved. You can select a creative commons thing and a host of other options.
 
EASY this one.

There is no get out clause from the record comoany/band...they have used your shot. Fee liable. End of story BUT.....it is how you ask for it that will depend on whether you get paid AND get future work, or just get future work, or neither.....


I had a magazine that owed me for features back 5 months. Several features a month fo r5 months....it was coming up to going to print, way past deadline, actually going to print day. The ed had been let down by another contributor and asked me if I could supply, within a day, two full features, including a new boat test. I said I would do my best.

i phoned the accounts department and made them aware of the situation regarding the editorial hoel. Now, instead of demanding my payment or I wasn't delivering.....I told them I was worried about the finaancial situation and that it was affecting my ability to be creative and I was unsure if I could meet the deadlines, but, if the finaincial worry was removed I knoew I could get the material finished in time.

saying exactly the same thing in a different way - cheque arrived the next morning for the entire backlog. I now have more work from them than I hahad before...because I delivered the material, got them out of a hole. They now pay me on time every month.

Think of how you can approach them, get paid and get more work. If you let this one go they will take you for a mug. Insist on payment (nicely) and they will recognise your professionalism (do not confuse that with being a professional, not the same thing at all).

Insist that things are done right. 40 quid to them is not the same as 40 quid to you - it is one ticket to a gig. Big deal. To may this is a game, and they like ot play and see if they can get away with it - it isn't they can't afford to pay, they just like to try and get away with it...so play the game back with them. Not nasty, but firm and with a bit of humour, they appreciate it! The probably get loads of threatening letters,not many have a joke about it but still asking for the same result. THAT alone sets you apart and flags you up as being a good bloke(ess)to deal with. This is a people industry, be a person, not a name or a photograph.

I am sure you don't need me to write th eletter fo ryou...and it will be in INK, won't it. And on paper, not email - won't it. It will be neatly written in your own handwriting, won't it......it makes a world of difference. Tyed on a computer, emails - totally sterile and from nobody. Hand written is from a human being, a person, who cares and we all like to deal with a person who cares.
 
Lensflare - Thank you, I really appreciate taking the time to write that. This has actually got me thinking that maybe I should ask for payment. My email (now going to be a hand written letten...nice excuse to buy a new pen) was always going to be very polite and friendly. Afterall some of my favorite bands are on this label so I'm hoping that good things can come out of this. Well I'd have been polite anyway, but y'know what I mean. I've also just discovered that my image is on 2 seperate pages of the website. Both identical size with the same text and news story underneath only one is on the home page and one is on the news page. If the image is worth £39 for one use does that mean that I should charge straight double, if I do send them a bill? Also how do I be sure I'm not overcharging...I might have done the calculator thing wrong on Alamy? I don't want to look like a fool.

I hate dilemmas.

P.S. I'm a bloke-ess :lol:
 
Charge for every use. Fairly.

I would say to them that you are flattered they have thought your picture was as good as it must be for them to want to use it on their front page, and again in their news pages....and would they like you to provide photographic services for their signed bands and prospective bands in the future. (Don't do the money thing first!) you would be very happy to be a regular photographer for them at reasonable and realistic rates. (See, I swung it round to the money....nicely!) As an example of your ealistic and generous rates you will only require reimbursement for the use of the current images at standard stock rates (for these usages £39 or whatever, you can always do a deal for the several usages at £75 say...I don't know, I haven't seen it).....that will give you a gist.

Want a nice Parker 75, Millerais (quite a rare style) in silver?
 
Thank you, that helps.

I have a nice Parker pen somewhere...I should hunt it out...or treat myself to a new one :lol:
 
Really helpful thread... and good luck to the O.P.. i cant wait to see this photo! if you ever show it to us. and this mysterious company.
 
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