Unlicensed use of images

I had a call from a mate of mine yesterday where the Daily Sport had used one of his nudes for a full page spread without permission - so even those that obviously know not to have little issue with doing so :shake::shake::shake:

So we had a chat - and following my advice he got a call from the picture editor, an apology and £300 - so he was a happy bunny :)

But if you host things online someone WILL take them for ANY use they like without either permission or credit - the barstewards :bat::bat::bat:

DD
 
Is it just me or is £300 not alot of money for an image that is going to be full page image and have several thousand copies made?

I know nothing about these things but at £300 an image you would have to shoot alot of page 3 girls to earn a decent living.

Stuart
 
stu_the_flat said:
I know nothing about these things but at £300 an image you would have to shoot alot of page 3 girls to earn a decent living.

Stuart
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Who'd be bothered about earning a living? ;)
 
stu_the_flat said:
Is it just me or is £300 not alot of money for an image that is going to be full page image and have several thousand copies made?

I know nothing about these things but at £300 an image you would have to shoot alot of page 3 girls to earn a decent living.

Stuart
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They told him the usual rate was £150 - so on that basis he's happy

DD
 
Best bit of advice I have seen on the web for this is here. Good luck and don't back down.

Phil.
 
Just to play devil's advocate, and this is aimed more at the Bible blog using it. (The irony was unintentional but not lost)

1) Regarding bloggers, there is a lot of advice out there saying that taking photos free from places like flickr and such is okay as long as you attribute it.

2) The photo may not have been cropped to remove watermark so much as to make a banner for the page. (Neither here nor there, but I think I prefer the crop, lol)

3) Not everyone is a copyright expert, send them a friendly email and explain the situation.
 
I would make sure you collect sufficient evidence of the infringement before you contact them in-case they remove your picture. Then pursue them till they pay.
 
Here's some advice that's been posted on another site that may be of use here.

Getting payment for stolen images
Right invoice wise this is the procedure I follow when invoicing for stolen images:

1 - Call company in question and inform them that you will be invoicing them for use of image, do not ask if its ok just tell them this is the case, if they argue with you refer them to copyright theft etc.... BUT MAKE SURE YOU ARE POLITE AND WELL SPOKEN. The biggest problem I believe is people dont come accross in a business and polite manor, this makes them sound like a push over to the company/ thieving media.

2 - if they threaten you with handing your info over to authorities and that they dont pay criminals etc.... then point out that trespass is civil but theft of copyright is criminal. Also point out that handing information over to anyone without a warrent from the police or prior consent is a breach of data protection. If they continue to argue politely end the conversation informing them of the impending invoice and when it should arrive.

3 - Write invoice and add around 20-25% for theft of images.

Invoice should be layed out as follows:

address of Client/ thieving media

invoice number (make this up)
Date of invoice issued
Invoice reference (usually initials of client and two numbers)

Description of what invoice is for
amount of invoice
methods of payment which should be:
address for cheque to be sent to and name of person the cheque should be made out to.

Include at the bottom the following if you wish

Payment should be made within 30 days, any late payments with incur a 10% charge.

also write in the footer:

this invoice and all information contained is for the sole use of the intended recipient.


4 - Send invoice via recorded delivery so you know it has arrived and been signed for. file all reciepts, track the order via the internet and screen print when it arrives. Print and file this screen print as well as saving the original copy.

5 - Follow up invoice with phone call informing them that you have sent the invoice and according to the tracking it has arrived and you wanted to make sure they recieved it.

6 - wait

7 - two days before invoice due date call up the accounts department of the company/ thieving media and ask the following:

hi I am enquiring about the payment of invoice number (blah blah) and was wondering if you could let me know when it is due to be paid.

if they come up with the "we pay in 60 day" etc.... argument then point out that they have already published your image and did not wait until payment had gone through and therefore have stolen your property, this is a criminal offence and you wanted to give them a chance to repair the damage by paying your invoice before you pursued legal action, this usually works. If not then consult a solicitor.

8 - Wait

9 - give the company 2-3 days leeway on the invoice payment date as RoyalFail etc.... tend to take a while.

10a - recieve payment = happy

10b - do not recieve payment, my advice now is call them, if they are being awkward consult a solicitor, a letter from them will usually do the trick.

Hope this helps.
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HMansfield said:
Here's some advice that's been posted on another site that may be of use here.
Click to expand...

Can I suggest that you completely ignore that frequently inaccurate, misleading and somewhat daft advice, and follow the procedure outlined on the EPUK website?
The link is in Post #47
 
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