Login or Join Now

Upload your photos, chat, win prizes and much more

Username:
Password:
Remember Me

Can't Access your Account?

New to ePHOTOzine? Join ePHOTOzine for free!

Like 0

Stolen photo, what to do!

Join Now

Join ePHOTOzine, the friendliest photography community.

Upload photos, chat with photographers, win prizes and much more for free!

Attention!

This topic is locked.
Reason: locked by request - original question answered
TimMunsey
TimMunsey e2 Member 386 forum postsTimMunsey vcard United Kingdom
28 Nov 2012 - 7:47 AM

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%2...

Tim

Sponsored Links
Sponsored Links 
28 Nov 2012 - 7:47 AM

Join ePHOTOzine for free and remove these adverts.

KarenFB
KarenFB Junior Gallery Team 84255 forum postsKarenFB vcard England162 Constructive Critique Points
28 Nov 2012 - 7:54 AM

Doing a quick 'Search' in the forums for 'Stolen Images' has brought up these. Smile

TimMunsey
TimMunsey e2 Member 386 forum postsTimMunsey vcard United Kingdom
28 Nov 2012 - 7:58 AM

Cheers Karen, I wanted to shout it to the world! Used and abused! Grin

KarenFB
KarenFB Junior Gallery Team 84255 forum postsKarenFB vcard England162 Constructive Critique Points
28 Nov 2012 - 8:12 AM

Good luck - it would be nice to hear the outcome of any action you take! Smile

Paul_Anthony
28 Nov 2012 - 8:14 AM

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
Focus_Man  4481 forum posts United Kingdom631 Constructive Critique Points
28 Nov 2012 - 8:57 AM

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
SlowSong e2 Member 54231 forum postsSlowSong vcard England28 Constructive Critique Points
28 Nov 2012 - 9:25 AM

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
28 Nov 2012 - 9:41 AM


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
28 Nov 2012 - 10:20 AM

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
28 Nov 2012 - 10:56 AM

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
Gaucho e2 Member 122207 forum postsGaucho vcard United Kingdom2 Constructive Critique Points
28 Nov 2012 - 11:09 AM

Guide to the Patents County Court Small Claims Track

thewilliam
28 Nov 2012 - 11:10 AM


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
28 Nov 2012 - 11:44 AM


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.

.

Last Modified By User_Removed at 28 Nov 2012 - 11:48 AM
User_Removed
28 Nov 2012 - 11:57 AM


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).

.

Last Modified By User_Removed at 28 Nov 2012 - 11:58 AM
Jestertheclown
28 Nov 2012 - 3:55 PM


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!

Attention!

This topic is locked.
Reason: locked by request - original question answered