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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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The school I work for were recently sued for £35,000 for using another photographers photos on their website without permission or payment..
And did the photographer win?
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She thinks it's a grey area but you can at the least claim a reasonable amount or ask for the pictures to be withdrawn.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.
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.
Quote: Verbal permission to use pictures isn't worth the paper it's written on
An interesting concept
A verbal contract isn't worth the paper it's written on. Usually attributed to Samuel Goldwyn.
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."
Ah, such an enlightened time.
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?
Good memory thewilliam! The very same!
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?
It just got more interesting. Our shop has just started selling postcards of one of my images . 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!).
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.
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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