Frenchieboy Posted February 13, 2013 Report Share Posted February 13, 2013 (edited) To cut a long story short(ish) a "Mainstream National Newspaper" has run a feature article in both their daily newspaper and on their web site and have downloaded and used a photograph from one of my web sites without permission. The photograph was taken by me and is my property and no permission has been given to anyone to reproduce it in any way or form. When I phoned them to ask who had given them permission to use the photo they first tried saying that they had sourced it from a Photo Library in Wales. When I said that I wanted the contact details of their source as it was a blatant breach of copyright they backed down and admitted that they took it from one of my web sites without permission. After telling them that they had blatantly breached the copyright laws they offered to pay a fee for the photo. I have asked for their offer to be put in writing before I accept or reject it and they have agreed to this. (I have asked for the offer in writing so that I have some sort of a written admition from them) However, the offer that they have made is rather small and I will be refusing it, so under the circumstances what would members (Particularly any of those involved in photojournalism) think would be a reasonable offer to accept? I should add that the person I designed and developed the web site for is backing me all the way on this one but because there might well be "legalities" invloved I should not name the newspaper, the article or the web site involved at this current time) Any thoughts guys? Edited February 13, 2013 by Frenchieboy Quote Link to comment Share on other sites More sharing options...
RED BEARD Posted February 13, 2013 Report Share Posted February 13, 2013 i've no answer for you on this subject,but i wish you luck....................................and squeeze them for every penny you can Quote Link to comment Share on other sites More sharing options...
Reece Posted February 13, 2013 Report Share Posted February 13, 2013 (edited) Just out of curiosity, where is the article in question? Never mind. Didn't notice the last bit. But what was the article about? Edited February 13, 2013 by Reece Quote Link to comment Share on other sites More sharing options...
Frenchieboy Posted February 13, 2013 Author Report Share Posted February 13, 2013 i've no answer for you on this subject,but i wish you luck....................................and squeeze them for every penny you can We certainly intent to, especially as they have as good as admitted "liability"! Quote Link to comment Share on other sites More sharing options...
Frenchieboy Posted February 13, 2013 Author Report Share Posted February 13, 2013 Just out of curiosity, where is the article in question? Never mind. Didn't notice the last bit. But what was the article about? Sorry but at the moment I really am not at liberty to say as is quite "sensitive" and the person involved in the article is a close and personal friend of mine! Quote Link to comment Share on other sites More sharing options...
Archie-fox Posted February 13, 2013 Report Share Posted February 13, 2013 (edited) wouldnt be a local guy whos been selling horse meat and saying its beef?? if you have put the photo on a public website and not put in the small print that the images remain your property youve got zero chance of a getting anything..you have made it public yourself... Edited February 13, 2013 by archie1234 Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted February 13, 2013 Report Share Posted February 13, 2013 Seen this sort of thing so often in the aircraft photography world, most people now use big watermarks to protect their images. Good luck pursuing them, unfortunately I don't think they will offer very much money for your picture. You'll possibly get more satisfaction from them admitting that they were in the wrong! Quote Link to comment Share on other sites More sharing options...
Frenchieboy Posted February 13, 2013 Author Report Share Posted February 13, 2013 wouldnt be a local guy whos been selling horse meat and saying its beef?? if you have put the photo on a public website and not put in the small print that the images remain your property youve got zero chance of a getting anything..you have made it public yourself... There is a statement on the web site saying that all materials, photos and graphics are covered by copyright and may not be downloaded or reproduced without written permission. This is why the newspaper has already offered a payment/settlement. Quote Link to comment Share on other sites More sharing options...
ozzy518 Posted February 13, 2013 Report Share Posted February 13, 2013 At the very least I'd expect a go on a page 3 girl Quote Link to comment Share on other sites More sharing options...
UKPoacher Posted February 13, 2013 Report Share Posted February 13, 2013 wouldnt be a local guy whos been selling horse meat and saying its beef?? if you have put the photo on a public website and not put in the small print that the images remain your property youve got zero chance of a getting anything..you have made it public yourself... That's not true as I understand it. Anything published is you property unless you publish a disclaimer. I think that copyright laws are valid for 50 years. If they have admitted using your image, and to be honest that is not necessary as you could prove it anyway, but it is helpful, I would think that you could get a decent payment for use of the image especially if their use of this image in this way has caused you severe embarrassment and distress. Quote Link to comment Share on other sites More sharing options...
sandspider Posted February 13, 2013 Report Share Posted February 13, 2013 If you get more than £100 or so out of them you've done well. They don't pay much, newspapers. And unfortunately, in this country you can't add punitive damages on top. Good luck. Quote Link to comment Share on other sites More sharing options...
Daks Posted February 13, 2013 Report Share Posted February 13, 2013 UK law states that photo is your property, however realistically taking someone to court for copyright infringement will prove costly and lengthy, made more difficult if the images are not directly watermarked. If I were you id capitalise on a mainstream national newspaper, be nice and negotiate a fair price, but welcome them back for future images via negotiation. Might be a few quid in it, who knows. Quote Link to comment Share on other sites More sharing options...
Frenchieboy Posted February 13, 2013 Author Report Share Posted February 13, 2013 If you get more than £100 or so out of them you've done well. They don't pay much, newspapers. And unfortunately, in this country you can't add punitive damages on top. Good luck. The offer that they have made is already far in excess of the amount you have quoted! Quote Link to comment Share on other sites More sharing options...
FalconFN Posted February 13, 2013 Report Share Posted February 13, 2013 The offer that they have made is already far in excess of the amount you have quoted! I sell a fair few images through Alamy and also some direct to magazines and newspapers, and the amount you get depends on several factors - the final use (news, advertising etc), the size they use it, where it is displayed (front page or inside etc) and the print run or duration that it will be available to view. Unfortunately for most images going on news websites, they are fleeting and small and you'd do well to get anymore than £100 from them. I've had a pics on most of the nationals' websites but the most I've had is £100 and the lowest was £25. Gone are the days when newspapers would throw money at anything. BTW, don't wait too long as the story will be dead and the pic worthless in no time at all. Quote Link to comment Share on other sites More sharing options...
sandspider Posted February 13, 2013 Report Share Posted February 13, 2013 The offer that they have made is already far in excess of the amount you have quoted! Was it more than one picture? Were they used at full page size / on the cover? Was the subject something really hard to photograph? If the answer to any of these questions is no, I'd probably take the money. I work in this area, and newspapers don't pay well for image content (online or in print), but they can afford good lawyers if you were to try and get more! Quote Link to comment Share on other sites More sharing options...
Frenchieboy Posted February 13, 2013 Author Report Share Posted February 13, 2013 I can undrstand what FalconFN and Sandpiper are saying but the point of this is that they used the photo without permission blatantly ignoring copyright laws and that is what they are offering payment for as well as the photo itself. They have as good as acknowledged that they are well and trully in the wrong for publishing copyright protected photos and I believe are squirming a bit now after some very carefully chosen words! Quote Link to comment Share on other sites More sharing options...
guest1957 Posted February 13, 2013 Report Share Posted February 13, 2013 A court would only award based on standard syndication prices which are very unlikely to be in three figures. Plus there is hassle involved. Accept whatever you can get. Quote Link to comment Share on other sites More sharing options...
swiss.tony Posted February 13, 2013 Report Share Posted February 13, 2013 (edited) when clark kent worked for daily plant he only got 25 dollars for a pic of SUPERMAN screw them for millions pete lol Edited February 13, 2013 by swiss.tony Quote Link to comment Share on other sites More sharing options...
FalconFN Posted February 14, 2013 Report Share Posted February 14, 2013 I can undrstand what FalconFN and Sandpiper are saying but the point of this is that they used the photo without permission blatantly ignoring copyright laws and that is what they are offering payment for as well as the photo itself. They have as good as acknowledged that they are well and trully in the wrong for publishing copyright protected photos and I believe are squirming a bit now after some very carefully chosen words! If you think what they are offering you is a gesture of goodwill then take it. If you choose to go through the small claims court you'll either loose, because they have offered more than the going rate, or you'll win, and get the going rate. Hardly seems worth it. Or do you want some sort of apology? Quote Link to comment Share on other sites More sharing options...
sandspider Posted February 14, 2013 Report Share Posted February 14, 2013 In the UK you can't add punitive damages unfortunately - all you'll get is a "fair price for the original infringement" (so they have every incentive to steal images - if caught, all they'll pay is the original price they would've paid anyway). In the US, you can screw the *******! Quote Link to comment Share on other sites More sharing options...
Imperfection Posted February 14, 2013 Report Share Posted February 14, 2013 I was paid £50 by a newspaper for a photo they wanted to use.They did ask me beforehand even though they could have lifted the photo and published it without me even knowing. Quote Link to comment Share on other sites More sharing options...
jef Posted February 14, 2013 Report Share Posted February 14, 2013 Take their hand off and move on. Jf Quote Link to comment Share on other sites More sharing options...
DNS Posted February 14, 2013 Report Share Posted February 14, 2013 (edited) Take their hand off and move on. Jf Quite so. If you're above £100 for something which you had 'free to air' so to speak on t'internet, you've done well already. No harm in pushing a bit but as soon as today's paper is tomorrows chip wrapper they'll just stick at their 'far value' number and tell you to get lost. Edited February 14, 2013 by DNS Quote Link to comment Share on other sites More sharing options...
Archie-fox Posted February 14, 2013 Report Share Posted February 14, 2013 Sorry but at the moment I really am not at liberty to say as is quite "sensitive" and the person involved in the article is a close and personal friend of mine! Don't worry pete it's all over the news...he's now been arrested for fraud.... Quote Link to comment Share on other sites More sharing options...
Frenchieboy Posted February 14, 2013 Author Report Share Posted February 14, 2013 Don't worry pete it's all over the news...he's now been arrested for fraud.... Do you know who has been arrested? If you do then you know more than me! Quote Link to comment Share on other sites More sharing options...
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