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Stolen photo, what to do!

Attention!

This topic is locked.

Reason : locked by request - original question answered


28 Nov 2012 7:47AM
http://www.partyhotels.co.uk/leeds.html

This company are using one of my images without my permission, any advice?

My image
http://www.wildphotolife.co.uk/Cityscapes%20and%20Man%20made/images/Leeds%20at%20night%205.jpg

Tim

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KarenFB 8 4.4k 163 England
28 Nov 2012 7:54AM
Doing a quick 'Search' in the forums for 'Stolen Images' has brought up these . Smile
28 Nov 2012 7:58AM
Cheers Karen, I wanted to shout it to the world! Used and abused! Grin
KarenFB 8 4.4k 163 England
28 Nov 2012 8:12AM
Good luck - it would be nice to hear the outcome of any action you take! Smile
Paul_Anthony 2 386 4 Wales
28 Nov 2012 8:14AM
If you are happy for it to be used and want no financial gain, do nothing, or do nothing and ask for a credit for taking the photograph on their website.

If you want financial compensation / paying for the use of the photograph, then send them a e-mail asking for payment or for the image to be removed from the web site.

Paul
Focus_Man 4 481 631 United Kingdom
28 Nov 2012 8:57AM
Paul's advice above is probably the best you can get. If they refuse to settle, there is little you can do. As has been mentioend here many times in the past, your true commercial valuation of the pictures, will be far less than the costs of employing a solicitor in an to attempt to gain compensation. There is no guarantee that the case will go your way or that if it does, no guarantee that you will receive costs. Even if there is no doubt that the images are yours some sleepy headed judge somewhere may decide that a snapshotter (whatever level your expertise actually is) should be pleased that his/her images have been shown to the world. "The law is a ass a - idiot" said Mr Bumble in Oliver Twist. So very true.
SlowSong e2
6 4.8k 29 England
28 Nov 2012 9:25AM
I read in AP yesterday that you can now sue via the small claims court at very little expense. It's a new law just come into force.
User_Removed 5 4.6k 1 Scotland
28 Nov 2012 9:41AM

Quote:I read in AP yesterday that you can now sue via the small claims court at very little expense. It's a new law just come into force.


But that same article in AP mentioned a piece of case law that I was previously unaware of - i.e. a UK Court ruled that, with printed media, it was breach of copyright to photocopy the newspaper or magazine, but it was not if you merely "lifted" the same text from an online edition of the publication. That ruling, AP suggests, might potentially have interesting implications for photographs "lifted" from the web.
Jestertheclown 6 6.6k 242 England
28 Nov 2012 10:20AM
Did you find that online LF? Or have you bought the mag?

The reason that I ask is that I'd like to read it but I'm not going to pay for it!
User_Removed 10 3.3k 4 United Kingdom
28 Nov 2012 10:56AM
That's more than casual theft. You should invoice them for 500. I reckon that they can afford it.

Quote:Party Hotels is a trading name of Awesome Weekends Limited, a family-owned business established in 2007.
We have achieved sales of 2.85 million in the calendar year and now offer weekend breaks all over the UK and europe.


Point them to LeftForum's portfolio. He's more than happy for his images to be stolen and used without payment as we've all seen from some of his recent posts in other threads.
Gaucho e2
13 2.4k 2 United Kingdom
28 Nov 2012 11:09AM
thewilliam 6 4.8k
28 Nov 2012 11:10AM

Quote:
If you want financial compensation / paying for the use of the photograph, then send them a e-mail asking for payment or for the image to be removed from the web site.

Paul



You should never give the option of taking it down from their website because they won't want to pay you. Just send an invoice and if they protest/apologise and offer to take it down, explain that they've already used the image and it isn't possible to "un-use" it so the fee is due.

Check their credit record to see whether Awesome Weekends Ltd has form. If they have any CCJs, you'll need to go to the High Court to get any response. If they're clean, send an invoice with a pay-by date and follow up with a solicitor's letter a month later. Go through with your threat to sue in the Small Claims Division of the County Court but, when submitting the forms, be sure to include evidence of your attempts to get paid including a summary of any phone calls. You may find that they settle when they get the writ.

One local business-person had a bill from Getty for unauthorised use that was nearly 50 times the normal usage fee. She paid after taking legal advice. Pity we SMEs don't have the same clout. Good luck!l
User_Removed 5 4.6k 1 Scotland
28 Nov 2012 11:44AM

Quote:Did you find that online LF? Or have you bought the mag?

The reason that I ask is that I'd like to read it but I'm not going to pay for it!



The article referred to by the OP is on page 7 of the 1st December issue, Jester. Actually, on checking it, the case law reference I made is in a different article (in Professional Photography).

Yes, I subscribe to far too many photo magazines - one weekly and 9 monthly at present and there is a huge amount of repetition.

.
User_Removed 5 4.6k 1 Scotland
28 Nov 2012 11:57AM

Quote:
Point them to LeftForum's portfolio. He's more than happy for his images to be stolen and used without payment as we've all seen from some of his recent posts in other threads.



Feel free guys. By the time a photograph appears on my ePz portfolio (or any other online site), I have already had all the fun of taking it and processing it - which is all I require from my hobby - fun. If someone else thinks they are good enough to be used elsewhere, then I am flattered (if somewhat surprised).

.
Jestertheclown 6 6.6k 242 England
28 Nov 2012 3:55PM

Quote:(in Professional Photography)

Thanks LF.
I'll have to read it in WHSmith!
I stopped buying mags.a long time ago as I thought that they'd become prohibitively expensive and as you say, there's a lot of repetition.
In a previous job, I knew someone who worked at the printers but since I've moved on, even that avenue is now closed to me!