Photos taken and used to sell products on ebay

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urban~spaceman

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Name
Simon
Edit My Images
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Hi all,

Firstly i apologise if this has been asked before.

Yesterday i received an email from a friend saying that he had seen one of my images being used on ebay by a camera shop/centre in an advert for selling a lens.The photos of the lens were'nt mine but the picture of what you can do/or what the lens produces/results were....this photo was sat on flickr and is copyrighted,i was never asked for my permission to use my photo..

question is where do i stand with copyrights and stuff when my photo is being used to enhance or show off results..or to sell a product.

any help or advice will will be appreciated..
 
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Thanks for the reply Chris..I have'nt sold a photo before so are there some kind of guidelines of pricing...or should i say what a fair price to put to them.
 
If I were in your position I would ask for, say, £20. Not a huge amount but enough to make it worth your while and for them to know that you value your own work enough to ask for payment and small enough to make them feel morally obliged to cough up. Ring them up, advise them that you have noted that they are using your picture and that you are invoicing them for use. Ask who to invoice and send it as a proper invoice with payment instructions and a time limit. Include a print of the advert with the invoice.
 
the chances are you will get a ****** off

but what i would do is 1st take a screen shot then take a screen shot of your image once done print them both off and send a invoice for abov amount of £20

in the letter state you are not authorised to use this image unless payment of £20 is made if no payment is made i will see you in court blah blah

be warned you will have to declare yourself to hmrc as you will be classed as a buisness as soon as you take money

if you dont want to make yourself self emplyed then ask for the image to be removed asap or you will see them in court

if you want to try and dodge hmrc that is your choice
 
wegotitugetit said:
if you want to try and dodge hmrc that is your choice
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And you really don't want to do that ... they can be vindictive bar stewards and come after you years later (don't ask how I know) :gag:
 
Bristolian said:
they can be vindictive bar stewards and come after you years later (don't ask how I know) :gag:
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You used to work for them in this capacity?:D
 
wegotitugetit said:
be warned you will have to declare yourself to hmrc as you will be classed as a buisness as soon as you take money
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Untrue.
If that was the case every member who's sold a lens or piece of kit on here would have to declare themselves self employed as a camera equipment dealer.

The badges of trade that hmrc apply in order to determine whether or not you're actually trading (i.e. carrying out a business) are a lot more complex and a lot fairer than that.
A one-off transaction on a photograph that was not created with the intention of making a profit is highly unlikely to be regarded as carrying out a business . . . of course without knowing the OP's full personal history and the answers to all the questions relating to the badges of trade it's impossible to be specific, but the link above makes things very clear.

Bristolian said:
And you really don't want to do that ... they can be vindictive bar stewards and come after you years later (don't ask how I know) :gag:
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Indeed. Which is why it's wise to fully understand the rules and how they may apply to your situation before you do anything . . . and to always keep the records after you've already done something :D
 
Why don't you just tell ebay about a copyright infringement and try to get them to pull the auction..?
I can't see them paying you personally.
 
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