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Newspaper Photo Payment question.


Frenchieboy
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Pete,

 

There are guidelines to how much as picture is worth I will see if I can dig out the information, I took a company to court for stealing 2 of my images around 5 years ago and the maximum guideline claim was 80quid per image

 

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...

 

Sorry this is totally wrong, copyright is automatically granted on the photo being taken with no registration or disclaimers required. I don't understand where people get this public domain idea from, if you park your car on public property no one can lawfully steal it! in fact to place an image into the public domain you have to write a statement on your website to release the image

Edited by grimey121uk
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Don't worry pete it's all over the news...he's now been arrested for fraud....

Not wanting to find fault but if anyone listened to the news properly and not just go by hearsay or guesswork they will find that the police have confirmed that the men have been arrested for SUSPICION of fraud. This have not been arrested for fraud, all it is saying is that there is a SUSPICION of fraud.

Let's all be careful that none of us fall into the trap of pre-judging without knowing all of the facts, we need to remember that in the UK everyone is presumed innocent until proven guilty and having said that I am sure that the truth and the fuller facts will come out in the near future.

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May I ask if the publication of the image was damaging to you personally or just an image? Could the article be associated with your website and thus be detrimental to you personally?

Have you been defamed by the publication of the image ?

Whatever you have been offered on a matter of principle I would ask for exactly double the offer and a confirmation in writing that they will, in future, seek your permission and agree payment prior to using any of your material.

 

Otherwise I would threaten to write a short letter to the independent press complaints commission (IPCC) advising them you plan to seek a ruling and related damages and costs. Costs are perhaps your best negotiating tool along with adverse publicity?

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May I ask if the publication of the image was damaging to you personally or just an image? Could the article be associated with your website and thus be detrimental to you personally?

Have you been defamed by the publication of the image ?

Whatever you have been offered on a matter of principle I would ask for exactly double the offer and a confirmation in writing that they will, in future, seek your permission and agree payment prior to using any of your material.

 

Otherwise I would threaten to write a short letter to the independent press complaints commission (IPCC) advising them you plan to seek a ruling and related damages and costs. Costs are perhaps your best negotiating tool along with adverse publicity?

The photo that has been published is not damaging to me personally but it links the web site to another completely different and unrelated story which when linked tgether (And out of context) could have some serious effects to the business concerned.

 

As a foot note: I am now waiting for a reply from the "Picture Editor" (Who has already acknowledged that the photo was downloaded and published without permission) with a written offer of settlement before I procede any further and decide if any further action should be taken.

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FB - if you are unsure of the legal standing on this then I would suggest you speak to a lawyer. You state you have been offered far in excess of £100 and that is in writing. Not sure what you term FAR IN EXCESS a grand? two grand? three grand etc etc etc.

If you pursue this one too much and get the wording wrong anywhere and it goes to court, you may end up with nothing more than a pear shaped picture. The fact that it might have far reaching implications for the person who runs the web-site would to my mind, be another area that you need legal advice on. Just pick a lawyer out of the yellow pages and go for a first time free consultation for advice.

 

Hope this works out good for you.

 

Pushkin :good: :good: :good:

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Just pick a lawyer out of the yellow pages and go for a first time free consultation for advice.

 

Hope this works out good for you.

 

Pushkin :good: :good: :good:

Hate to burst your bubble, but the legal profession is not made up of wonderful people who know everything. Copyright law is a fairly specialist area, and most solicitors tend to specialise in a particular discipline leaving their knowledge of other subjects paltry in comparison.

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Just been on the bbc news and got it from the bobby standing on the gate...and my mate owns the stables next door who saw it all unfold...

 

He is in it up to his neck and if the tests turn up bute in the carcasses as well which with uk horses is highly likely then it's going to be even worse.

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So let me get this right, your mate has a contract with Aintree Racecourse to 'dispose' of horse carcasses when they get put down following injury. This same guy also owns an abattoir that has just been raided by the food standards agency for supplying horse meat as beef. You're saying there is no connection?

 

On the matter of the photo, take whatever you've been offered. There's a joke about a gift horse in there somewhere.

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Frenchieboy.

 

My friend Webbers wingman is a professional photo journalist. This sort of thing happens to him quite frequently.

I'll be travelling with him today to a job, so we'll have a chat and I'll report back.

No doubt he'll have an idea as to the value of the picture, but from the little that I know I wouldn't expect a fortune.

 

webber

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Frenchieboy.

 

My friend Webbers wingman is a professional photo journalist. This sort of thing happens to him quite frequently.

I'll be travelling with him today to a job, so we'll have a chat and I'll report back.

No doubt he'll have an idea as to the value of the picture, but from the little that I know I wouldn't expect a fortune.

 

webber

 

Thanks for that John. I have taken legal advice from a firm of solicitors who specialise in copyright issues. They have instructed me to request a 4 figure payment and if that figure is not accepted and paid by the newspaper they will be taking legal action with the newspaper in question. I have taken and acted on this advice and now await a reply from the photo editor of the newspaper concerned.

 

As a foot note I have to add that as for any outcome of the case against the persons involved in the "Horse Meat Case " and arrested on suspicion of fraud, that has no bearing whatsoever on this matter and I do not wish to nor am I prepared to get involved in any comments or questions about it!

Edited by Frenchieboy
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Thanks for that John. I have taken legal advice from a firm of solicitors who specialise in copyright issues. They have instructed me to request a 4 figure payment and if that figure is not accepted and paid by the newspaper they will be taking legal action with the newspaper in question. I have taken and acted on this advice and now await a reply from the photo editor of the newspaper concerned.

 

 

Purely on a breach I copyright basis?

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Thanks for that John. I have taken legal advice from a firm of solicitors who specialise in copyright issues. They have instructed me to request a 4 figure payment and if that figure is not accepted and paid by the newspaper they will be taking legal action with the newspaper in question. I have taken and acted on this advice and now await a reply from the photo editor of the newspaper concerned.

 

As a foot note I have to add that as for any outcome of the case against the persons involved in the "Horse Meat Case " and arrested on suspicion of fraud, that has no bearing whatsoever on this matter and I do not wish to nor am I prepared to get involved in any comments or questions about it!

 

are they on a conditional fee agreement by any chance?

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are they on a conditional fee agreement by any chance?

If they have to step in and deal with the matter their fees will be added on to the claim from the newspaper.

 

As for saying which newspaper it is - Well, you are all a pretty intelligent and clever bunch so i will let you try to work that one out! I will reveal all as and when the matter is resolved!

 

p.s. It is no good just trying to list all of the different Daily papers as I will not say either yes of no.

Edited by Frenchieboy
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If they have to step in and deal with the matter their fees will be added on to the claim from the newspaper.

 

As for saying which newspaper it is - Well, you are all a pretty intelligent and clever bunch so i will let you try to work that one out! I will reveal all as and when the matter is resolved!

 

p.s. It is no good just trying to list all of the different Daily papers as I will not say either yes of no.

 

 

if its been printed then whats the problem??

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if its been printed then whats the problem??

There is no problem at all but as there are a few comments on here that could be considdered as a little childish game played by a few members to try to get some sort of upset or agressive reaction from me I have decided that instead of reacting to them and giving them some sort of misguided satisfaction in thinking that they are "smart" it is time that I started playing games with those same members and as such I will leave it up to them to show just how clever (Or not) they are by finding out for themselves

Edited by Frenchieboy
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Tug


  •  

 

Posted Yesterday, 05:42 AM

Hate to burst your bubble, but the legal profession is not made up of wonderful people who know everything. Copyright law is a fairly specialist area, and most solicitors tend to specialise in a particular discipline leaving their knowledge of other subjects paltry in comparison.

 

No problem TUG - agree with you totally. My main aim was to point the lad in a better direction than the Pigeon Watch forums , At least I think a solicitor would urge him to go to someone in the know. :good:

 

Pushkin B)

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