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Richardtyrrelllandscapes

I have just noticed that two of my images have been used on a website for an angling club.
This was done without my permission and I'm not happy about it at all.
What's worse is some of these guys know me and they have also manipulated the image by putting my full name at the bottom right of the images.
I assume this is so I get recognition for the image and don't complain about the images being used.

Have I the right to send the Barrhead Angling club an invoice for the use of these images or a request that they be removed from the web site immediately.
Do I have the right to take legal action?

Any help with this would be much appreciated.

Web site: link



Richie.

Last Modified By Richardtyrrelllandscapes at 26 Apr 2009 - 8:44 PM
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26 Apr 2009 - 8:43 PM

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CaptivePhotons
CaptivePhotons e2 Member 111561 forum postsCaptivePhotons vcard England2 Constructive Critique Points
26 Apr 2009 - 8:53 PM

I think you may be over-reacting with the legal action angle (no pun intended). It seems to me that they probably don't know the meaning of copyright infringement and have added your name to the pictures, possibly thinking they are doing you a favour.

How well do you know them?

mdpontin
mdpontin  106016 forum posts Scotland
26 Apr 2009 - 8:53 PM

I would suggest contacting the club and discussing the issue first, before taking any decisions about the next step.

Richardtyrrelllandscapes


Quote: I think you may be over-reacting with the legal action angle (no pun intended). It seems to me that they probably don't know the meaning of copyright infringement and have added your name to the pictures, possibly thinking they are doing you a favour.

How well do you know them?

Not that well, only enough to say hello.

Richardtyrrelllandscapes


Quote: I would suggest contacting the club and discussing the issue first, before taking any decisions about the next step.

I think I will do this.

CaptivePhotons
CaptivePhotons e2 Member 111561 forum postsCaptivePhotons vcard England2 Constructive Critique Points
26 Apr 2009 - 8:59 PM

Well, I'd take the friendly route first, they may even offer to pay when they realise their mistake. You might even be asked to submit more images for them.

Last Modified By CaptivePhotons at 26 Apr 2009 - 8:59 PM
mark_delta
26 Apr 2009 - 9:27 PM

Where have they got these pictures from ?
That must be answered first and until it is all advice is null and void.
Have they been posted on any website which lists a copyright allocation bond, my-space .twitter, facebook just to name a few, before acting, you should make sure you own the copyright and have not given it away, please inform me how you think they have come to be in possession of these images and then I will be able to tell you where you stand from a correct legal position.
Hold your horses until then .
Mark

Richardtyrrelllandscapes


Quote: Definitely be friendly, don't hold the full club responsible yet. The site may have been put together by the brother-in-law of a member who has told them (wrongly) that as he's credited you the pics can be used.

Do any of the club members appear in your pictures, or their gear?

Maybe you could investigate that as a revenue stream. A free advert on the club's site in return for continuing to use your pictures might be a solution that suits both you and them.

Hi. None of the members or the equipment are in any of the images.

Richardtyrrelllandscapes


Quote: Where have they got these pictures from ?
That must be answered first and until it is all advice is null and void.
Have they been posted on any website which lists a copyright allocation bond, my-space .twitter, facebook just to name a few, before acting, you should make sure you own the copyright and have not given it away, please inform me how you think they have come to be in possession of these images and then I will be able to tell you where you stand from a correct legal position.
Hold your horses until then .
Mark

Hi Mark.

The images have only been posted on here on ephotozine and I know that they images have been taken from my gallery here.

mark_delta
26 Apr 2009 - 9:49 PM

if you are sure they have been lifted from here then you do have a claim as you have not assigned copyright, however any damages can not exceed revenue lost or insured cost not withstanding any damage to potential future sales of said images which have now been published.
Revenue for web usage can be as little as 7 per image per year and this could be the subject of your claim.
Based upon the old theory of you will catch more flies with honey than vinegar you could try for a weblink to your own website as opposed to licensing the images which could potentially earn you far more than a stand licence web rate, however it is paramount that they either remove them, give you a free plug or buy a licence to use the pictures, retroactively.
personally looking at the website I would ask for photography by link and offer some large prints for sale on your website, it may generate far superior income than a standard web licence or even a costly court case.
claim is valid and they are real cheeky buggers !

Richardtyrrelllandscapes


Quote: If you are sure they have been lifted from here then you do have a claim as you have not assigned copyright, however any damages can not exceed revenue lost or insured cost not withstanding any damage to potential future sales of said images which have now been published.
Revenue for web usage can be as little as 7 per image per year and this could be the subject of your claim.
Based upon the old theory of you will catch more flies with honey than vinegar you could try for a weblink to your own website as opposed to licensing the images which could potentially earn you far more than a stand licence web rate, however it is paramount that they either remove them, give you a free plug or buy a licence to use the pictures, retroactively.
personally looking at the website I would ask for photography by link and offer some large prints for sale on your website, it may generate far superior income than a standard web licence or even a costly court case.
claim is valid and they are real cheeky buggers !

LOL. Thanks for the info and more so the advice Mark. I think I will go down the route of a link to my own domain.
They are cheeky about the way they have gone about this however I have sent them an email redarding the improper use of these images.

Thanks folks.

Richie.

uggyy
uggyy  92104 forum posts Scotland9 Constructive Critique Points
26 Apr 2009 - 10:52 PM

Softly approach would work better, they have credited you and as they not selling them for any profit, the publicity for you is better than nothing at least.

I would contact them and even ask them to perhaps link to your webpage for any sales of the photos (who knows might make some money)... Or ask to take down if you still feel strongly.

I dont see them paying you for the photos as most organisations of this sort is tight with cash or wont spend anything anyway lol..

Tommy

Edit LOL Mark bet me Wink

Last Modified By uggyy at 26 Apr 2009 - 10:53 PM
KenTaylor
KenTaylor e2 Member 102983 forum postsKenTaylor vcard United Kingdom2 Constructive Critique Points
26 Apr 2009 - 11:45 PM

I am tending to think that it is all mostly innocent . They gave you credit and not making any profit. Angling clubs are much like any other who are always run on a shoestring. I would approach them in a friendly manner explaining your concern where they may well remove or let them stay.

Some years ago a club where I was a member used my images without asking that was down to reaching me for consent. They gave me credit and " with kind permission" It gave me no concern as in no way were they to make any profit from my images. Much the same here apart from you not being a member. A quick chat should sort it although if you demand money they will swiftly take them down and dent any relationship.

agoreira
agoreira  116001 forum posts Wales
27 Apr 2009 - 8:58 AM


Quote: I am tending to think that it is all mostly innocent . They gave you credit and not making any profit. .

It might be innocent, but it's normal to ask before you take someone's photos. I have been happy to give away a lot of photos to similar clubs, charities etc, but the one's I have found that have been stolen, with no credit, I have threatened with legal action if they didn't remove them. An empty threat I know, but it worked.

stolzy
stolzy  83753 forum posts7 Constructive Critique Points
27 Apr 2009 - 10:53 AM

[devils advocat mode]

Quote: I have just noticed that two of my images have been used on a website for an angling club.

You should be delighted they thought your images wre good enough to use.

Quote: This was done without my permission

Thats definatly not polite.

Quote: and I'm not happy about it at all.

Fair enough, but what have you actually lost - chill man.

Quote: What's worse is some of these guys know me and they have also manipulated the image by putting my full name at the bottom right of the images.

Maybe they're just trying to do the right thing by you.

Quote: I assume this is so I get recognition for the image and don't complain about the images being used.


Quite.

Quote: Have I the right to send the Barrhead Angling club an invoice for the use of these images or a request that they be removed from the web site immediately.

Yes and yes (probably) but it would be silly and unnecessary

Quote: Do I have the right to take legal action?

Maybe, but that woud be even sillier
[/devils advocat mode]
IMHO I think you have to ask yourself what have you actually lost here? A little pride may have been wounded, but in terms of monetary value, unless you are a professional stock photographer the pictures are probably close to worthless (in a financial sense).

I'd ask them to give you a proper credit, revel in the glory of a published image and leave it at that.

Last Modified By stolzy at 27 Apr 2009 - 10:53 AM

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