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lhellwing
lhellwing  1 United Kingdom
8 Oct 2012 - 9:08 PM

Hi all, I wonder if anyone can give me some advice as in i went to brm day in bourne lincs and was stood on the road taking pics and i posted some pics to thier facebook and have now seen that they have put them on thier website without me knowing or any credit etc, where would i stand? Thanks

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ianrobinson
ianrobinson e2 Member 41107 forum postsianrobinson vcard United Kingdom8 Constructive Critique Points
8 Oct 2012 - 9:35 PM

where would i stand?

On the floor i guess SmileSmile.

I would say if you have proof they are your images which i am sure you have and they have not asked you permission to use them then you can ask them to with draw those images or you can seek legal advise and take it further.
Or ask for payment for said images if they do not want to take them off.
If you own the images the rights are yours.

lhellwing
lhellwing  1 United Kingdom
8 Oct 2012 - 9:39 PM

Smilemany thanks, I have messaged them that aknowledgement should have at least been given when they reposted onto the website.

KevSB
KevSB  101405 forum posts United Kingdom5 Constructive Critique Points
8 Oct 2012 - 9:54 PM

I would say very little , as Ian pointed out you can ask them to remove them, if they choose to ignore that then you could charge them and seek legal help to recover the money,
this will take some time and could cost you far more than you could charge.if your happy for them to be shown which you are Obvously are by posting them on there Facebook page then politely ask if they could credit you,

Spencer1966
8 Oct 2012 - 10:02 PM

I would check the facebook T's & C's first - by posting them on facebook you may have lost your entitlement? I never post images except snaps to facebook- always link.

lhellwing
lhellwing  1 United Kingdom
8 Oct 2012 - 10:03 PM

ok thank youSmile

Sooty_1
Sooty_1 Critique Team 41181 forum posts United Kingdom196 Constructive Critique Points
9 Oct 2012 - 1:05 AM

You don't lose your "entitlement" as you put it. You are granting Facebook non-exclusive, transferable, sub-licenseable, royalty-free worldwide licence to use any intellectual property you post on their site. Facebook therefore can use it without your say-so, but no one else can, and this lasts until you remove said content from your page, and those you have shared it with.

Best bet is to get copies of the website pages printed out, find out how long the images have been used for, and send them an invoice. Even if they remove your pics immediately, they have still been in breach of copyright, and are liable for a charge from you for the time they were used, unless they can prove that they were sub-licensed to them by Facebook. Chances are, they just took them and hoped you'd never make a fuss, but the process is doing professional photographers out of paid work.

If you're canny, you can find out if they have an ongoing requirement for pictures, which you can fulfil for appropriate remuneration.

If they refuse to pay, you have recourse to the small claims court, which if you can prove the images are yours, should have no problem getting the to pay up.

Remember, for everyone who lets this go without stopping companies doing it, that is one paid job a photog has lost. Several of those a week and the mortgage isn't paid/kids go hungry etc etc.

Nick

Focus_Man
Focus_Man  4481 forum posts United Kingdom631 Constructive Critique Points
9 Oct 2012 - 8:27 AM


Quote: Hi all, I wonder if anyone can give me some advice as in i went to brm day in bourne lincs and was stood on the road taking pics and i posted some pics to thier facebook and have now seen that they have put them on thier website without me knowing or any credit etc, where would i stand? Thanks

If it is your pictures they have copied, you would have a notification to the effect that somebody has 'tagged' the image(s). It once happened to me and the 'business' told me that it always happens on facebook. I replied that it did occur between friends, but not with 'businesses' and certainly not F.O.C.

We agreed a figure of 50 to cover reproduction rights but not copyright. It was soon paid.

Last Modified By Focus_Man at 9 Oct 2012 - 8:29 AM
User_Removed
9 Oct 2012 - 12:20 PM

It always amuses/amazes me how naive some people can be.

They quite deliberately stick their photographs into the Public Domain, e.g. on Facebook or Flickr or some other sharing website, and then moan their faces off when someone else increases the public exposure of the photographs even more.

Very simple lesson - if you don't want your images to be slathered around in the Public Domain, don't put them there in the first place.

Forget about getting all uppity about possible breaches of copyright or any other legalistic concepts; just use a bit of common sense.

Take this ePz site as an example. Along with thousands of other users I stick some of my photos in the Gallery because I am happy for any member of the public to view them. I am not going to complain if someone else copies them so that even more folk can view them.

joolsb
joolsb  927115 forum posts Switzerland38 Constructive Critique Points
9 Oct 2012 - 12:27 PM


Quote: I am not going to complain if someone else copies them so that even more folk can view them.

Would you complain if that person didn't credit you as the photographer? Or, worse still, claimed the images as their own?

Last Modified By joolsb at 9 Oct 2012 - 2:02 PM
User_Removed
9 Oct 2012 - 12:28 PM


Quote: If it is your pictures they have copied, you would have a notification to the effect that somebody has 'tagged' the image(s).

Wrong - Facebook will not tell you when someone copies your images to somewhere outside of Facebook..

Say to them: "As a Facebook user I was happy to post some pics to your Facebook page. However, I didn't give you permission to use the images on your website or elsewhere". They'll probably remove them without fuss.

Why haven't you done this already? Is it you were hoping instead there was a way to instantly claim big money from them for the infringement? Wink

.

Last Modified By User_Removed at 9 Oct 2012 - 12:32 PM
KevSB
KevSB  101405 forum posts United Kingdom5 Constructive Critique Points
9 Oct 2012 - 1:30 PM

The fact is the facebook page you refer to invites readers to upload pictures to the page from the event, You obvously did and they have transferred yours and hundreds more looking at the page, In this case I would feel you have a hard job getting cash from them as this looks like a charity Event

website

Facebook Page


Quote: Thanks to all of you who've posted photos - they're all now on our website, www.brmday.co.uk/gallery.html.

lhellwing
lhellwing  1 United Kingdom
9 Oct 2012 - 1:33 PM

Hi yes you are right it does offer them to upload them to the page but i never i only posted them on the facebook page not the website, I am not looking for cash as you say just advice on where i would stand

Tooth
Tooth  95772 forum posts Ireland227 Constructive Critique Points
9 Oct 2012 - 2:57 PM

Don't use Facebook - simples!


Tongue :0

User_Removed
10 Oct 2012 - 1:07 PM


Quote: I am not looking for cash as you say just advice on where i would stand

Say to them: "As a Facebook user I was happy to post some pics to your Facebook page. However, I didn't give you permission to use the images on your website or elsewhere."

Then choose
1) "Please remove them immediately"
2) "If you wish to continue using my images then please pay my invoice enclosed"
3) "If you wish to continue using the pictures then please credit me as the photographer"

Have you got a link to one of your images on the site?

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