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Old 23-06-2009, 20:42   #1 (permalink)
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Copyright Infringement

I have come across every photographers pain, that is someone using images without permission.

I shot a band performing live and three of the images are being used by the bands agent without i) notifying me ii) asking me and iii) paying me. I did the usual when I found out and sent them an email. The pictures were removed within 24hrs. Last week, I found that they are back up in the site. I have sent them an invoice but had no response whatsoever, so I emailed their webhosting company and they have instructed them to remove the images. How long do I give them to act? Do I persue them for money for the time the images have been used? Any one have any thoughts on this??
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Old 23-06-2009, 20:58   #2 (permalink)
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Re: Copyright Infringement

Everyone is aware of copyright issues nowadays, and the fact that they took them off when you were first on to them, shows they know they were in the wrong. as for getting your money out of them, not sure on the legal side of it, but good luck.
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Old 24-06-2009, 09:36   #3 (permalink)
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Re: Copyright Infringement

Send them a copy of the invoice and a reminder by recorded delivery. Tell them that they have 28 days to pay or legal action will be initiated without further notice. If they don't pay, go to the County Court and apply for a writ in the Small Claims Court.
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Old 26-06-2009, 16:06   #4 (permalink)
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Re: Copyright Infringement

Just an update. The images are still on his site and I've had no response from him - although his webhosting company have I know been in touch with him twice telling him he is in breach of their t&c's, so today I got a solicitor involved. Let's see what happens.
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Old 26-06-2009, 16:35   #5 (permalink)
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Re: Copyright Infringement

I guess it all depends on when and where you took the pics, did you have or need permission to take the photographs for monetary gain? With a lot of bands you need permission from their manager or themselves inside some venues etc, were there t&c on ant ticket that you purchased to see them and take photographs. It is all a bit of a mine field really.
Good luck.
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Old 27-06-2009, 12:22   #6 (permalink)
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Re: Copyright Infringement

yeah, stick at it as I had issues with ITV and newcastle university - they all paid up in the end..
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Old 28-06-2009, 02:22   #7 (permalink)
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Re: Copyright Infringement

Quote:
Originally Posted by Gary Bagshawe View Post
I guess it all depends on when and where you took the pics, did you have or need permission to take the photographs for monetary gain? With a lot of bands you need permission from their manager or themselves inside some venues etc, were there t&c on ant ticket that you purchased to see them and take photographs. It is all a bit of a mine field really.
Good luck.
Even if he didn't have permission for monetary gain, they would STILL need copyright permission.

Hopefully you can get this all sorted out without too much further hassel!
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Old 29-06-2009, 16:33   #8 (permalink)
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Re: Copyright Infringement

Yes I did have permission from the agent, the band and the venue. The agent didn't ask me if he could use the photos for his website (not the bands website). Anyhow, he has now removed the photos - I think the thought of his webhosting company taking his site down for breaching their t&C's was more of a worry than a 'small fry' legal claim from me. He is a big fish on the agency circuit and multi-millionaire so I'm told.
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Old 30-06-2009, 09:23   #9 (permalink)
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Re: Copyright Infringement

Quote:
Originally Posted by damot View Post
Yes I did have permission from the agent, the band and the venue. The agent didn't ask me if he could use the photos for his website (not the bands website). Anyhow, he has now removed the photos - I think the thought of his webhosting company taking his site down for breaching their t&C's was more of a worry than a 'small fry' legal claim from me. He is a big fish on the agency circuit and multi-millionaire so I'm told.
I have alway's found that the Bigger the Fish and with loads of money they are the least likely to part with any of it.
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Old 30-06-2009, 10:21   #10 (permalink)
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Re: Copyright Infringement

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Originally Posted by kayla_banana View Post
Even if he didn't have permission for monetary gain, they would STILL need copyright permission.

Hopefully you can get this all sorted out without too much further hassel!
Yes they would but then they could sue the photographer
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Old 30-06-2009, 11:47   #11 (permalink)
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Re: Copyright Infringement

How to parse "copyright theft"...

I give exposure to his pictures; you use his pictures without permission; he, she or it stole his pictures.

I've had pictures and other copyright material used without permission; it's always seemed too much like hard work to chase it. Also, picking a fight with potential customers is never a good idea. It's very easy for them to spread stories about you that you'll never hear but will harm your business irreperably.

Still, everyone has to decide how to deal with these matters for themselves.
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Old 30-06-2009, 18:09   #12 (permalink)
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Re: Copyright Infringement

Well the converse of that is once word is spread around that people can use your pictures without paying then you may as well pack up and go find something else to do. I understand what you are saying about customers but to be honest if they are the type who just want to walk off with your work free of charge then they aren't really customers anyway, just freeloaders looking to take advantage of you.
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