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They really are taking the proverbial!

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15 Aug 2012 - 7:06 PM

Quote: . If they get rid of you, then you have them for constructive dismissal.

That statement demonstrates an alarming ignorance of employment legislation and case law.

"Constructive dismissal" is when you choose to resign because you believe that the employer has made your continued employment untenable. If they sack you, your case, if any, would be for "unfair dismissal", certainly not "constructive dismissal". But both are notoriously difficult to prove to the satisfaction of a tribunal.

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redsnappa  111916 forum posts United Kingdom
15 Aug 2012 - 7:27 PM

The school I work for were recently sued for 35,000 for using another photographers photos on their website without permission or payment..

15 Aug 2012 - 7:29 PM

And did the photographer win?

Snapster e2 Member 2119 forum postsSnapster vcard England
15 Aug 2012 - 8:57 PM

I'm currently sitting next to a solicitor.
While this is not her area of work, she does make a few comments.
1. your previous manager sought your permission which you gave.
2. when you gave permission was money discussed? she assumes not as you mention "good free publicity".
This weakens your case against your employer.
You've known about the situation for sometime, this also weakens your case, but at least a discussion and an offer was made to you.
You can however argue that the use of your photos has changed from their original use, which helps you case.
I assume you can prove you took the pictures beyond reasonable doubt?
She thinks it's a grey area but you can at the least claim a reasonable amount or ask for the pictures to be withdrawn.
However she thinks giving permission and then changing your mind weakens your case.
If an agreement was made to just show the pictures for a limited time or only in a certain area or format etc that would help you.

Good Luck

15 Aug 2012 - 9:26 PM

Verbal permission to use pictures isn't worth the paper it's written on, for either party. Savvy professional photographers always make sure that usage permission is set out in writing.

All this is useful for next time. This time, I suspect your best course of action is to utter some choice Anglo-Saxon words and move on.

mikehit  56463 forum posts United Kingdom9 Constructive Critique Points
16 Aug 2012 - 8:38 AM

Quote: Verbal permission to use pictures isn't worth the paper it's written on

An interesting concept Wink

Last Modified By mikehit at 16 Aug 2012 - 8:38 AM
macroman  1115312 forum posts England
16 Aug 2012 - 7:31 PM

A verbal contract isn't worth the paper it's written on. Usually attributed to Samuel Goldwyn.

16 Aug 2012 - 8:03 PM

Quote: A verbal contract isn't worth the paper it's written on. Usually attributed to Samuel Goldwyn.

Who is also attributed with "A contract signed on the casting couch is worthless once you put your knickers back on."

mikehit  56463 forum posts United Kingdom9 Constructive Critique Points
16 Aug 2012 - 8:38 PM

Ah, such an enlightened time.

Last Modified By mikehit at 16 Aug 2012 - 8:39 PM
17 Aug 2012 - 11:11 AM

Is this the company that sacked all the staff who were over 65 so that they wouldn't get caught out when the retirement age was abolished?

17 Aug 2012 - 11:17 AM

Good memory thewilliam! The very same!

17 Aug 2012 - 3:15 PM

Seriously, what do you expect from them?

Isn't this thread just like a complaint about a cricket match getting rained off during the monsoon season?

12 Sep 2012 - 10:14 AM

It just got more interesting. Our shop has just started selling postcards of one of my images Sad. I wonder where they will appear next? Apart from the funny side, I do think it time somebody, somewhere paid me for all this usage (but I still want to keep my job for the time being!).

12 Sep 2012 - 10:35 AM

I think this is getting more serious CC. Selling postcards does seem a bit more significant than just casually using an image on a website or hanging it on a wall.

I take it that your relationship with "the management" has deteriorated beyond the stage where the issue can be resolved by informal discussion. That being so, it remains a pretty straightforward choice between getting nasty with them or maintaining good working relations. It can really only be your call.

12 Sep 2012 - 10:55 AM

I have been in touch with several solicitors and they all say that I certainly have a case for infringement of my copyright and that Longleat must/should have bought a license for this sort of repeated use. They also say that this can be claimed up to five years after the event so I am thinking that firstly I am going to once again write to them and offer them a full license for my original asking price and if that fails I'll wait until I no longer wish to work there, after all, at 74 it probably won't be five years in the future!

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