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General photography questions and answers: Discuss Copyright issue...Hi all, Forgive me if this has been asked 100 times before however... I recently discovered Vogue are using one ...
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Old 21-02-2012, 17:05   #1 (permalink)
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Question Copyright issue

Hi all,
Forgive me if this has been asked 100 times before however... I recently discovered Vogue are using one of my copyrighted photos of a famous female singer. On challenging them they told me they had been supplied it by the singer's management company who say they have the right to use any image of the singer, whoever took it.
Is that right? Does anyone know the law on this? I'd be grateful for any information.
With thanks.
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Old 21-02-2012, 17:07   #2 (permalink)
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Re: Copyright issue

I should have said that the management company have obviously obtained the picture through a form of screen printing from my website.
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Old 21-02-2012, 17:14   #3 (permalink)
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Re: Copyright issue

Welcome to Pixalo Under what circumstances did you take the photo in the first place is one of the many variables to consider. Even though you may be able to prove both other parties are in the wrong trying to enforce it is very dificult and you will probably need the services of a solicitor. For starters I would suggest you read this post by member Larne.
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Old 21-02-2012, 17:27   #4 (permalink)
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Re: Copyright issue

Welcome to Pixalo Zulugirl welcome:

Where did you take your picture? If it was at a gig, it is common that either photography is banned or that the production company have rights to any images taken during the performance.

If your picture was taken at a public event I think that your copyright to the image will apply, but I'm no expert. We do have members who work in this area so hopefully one or more of them will be able to clarify.

These threads came from searching copyright

In this one Gary mentions Ts&Cs on gig tickets in post #5

http://www.pixalo.com/community/gene...tml#post272728

http://www.pixalo.com/community/gene...tml#post257398

There were more, but I did not want to overload this thread.
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Old 21-02-2012, 17:30   #5 (permalink)
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Re: Copyright issue

It rather depends if there was a contract between you and the management company and the wording of such a contract. For example if you had bought a ticket to an event and photographed the singer there, the contract may have covered photography. In many of these situations, you would not be able to use the image for publication without their permission. However, you still own the copyright so I doubt that they are entitled to use the image without your permission either. If there was a hidden clause in the ticket contract awarding all photographs to the management company, I doubt that this would hold up in court.

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Old 21-02-2012, 20:15   #6 (permalink)
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Re: Copyright issue

Hmm! Thanks everyone for your replies - much appreciated. It seems to not be as clear cut as I'd hoped :-/
The photo was taken at a festival on private ground (Lulworth Castle) rented by Sunday Best / Rob da Bank for the festival.
There was no agreement with the singer's management company.
I was standing in the crowd.
I have no idea if buying a ticket had any such photography clause attached by the production company.

For the 270euros Vogue initially said it would pay before discovering they were given permission by the management company, employing a solicitor to pursue this is not viable.

I appreciate the time you've all taken & advice offered.
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Old 21-02-2012, 20:19   #7 (permalink)
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Re: Copyright issue

Am also a tad worried from info on one thread you kindly provided a link to that suggests if I did accept money for the photo (thus using it for commercial gain), the management company could possibly sue me???? !!
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Old 22-02-2012, 16:53   #8 (permalink)
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Re: Copyright issue

Obviously it is difficult to be very specific without knowing whether or not you entered into a contract. I believe it is certainly normal to have such control of photography at profesional sports events and Music Festivals but there are probably others on this forum who have more first hand knowledge than I do.

As I suggested there may have been a limitation on your use of photographs but I have fairly confident that nor can they make commercial gain from your copyright without your permission. If this is the case you are entitled to a share of the price paid or you could sue for breach of your copyright. The least you could do is to point out the breach of copyright and demand payment or you will sue but you would have to be fairly sure that you were in the right and convince them that you would sue (even if you would not).

I have several images on my personal website that are restricted (National Trust, De La Warr Pavillion etc.) where I agreed not to use the images for commercial gain. I do not offer images for sale on my website and never use these images in any Exhibition with sales. In the two examples I have given, it was clear in that I signed an agreement and took away a copy. Clearly with hundreds or thousands entering a football match or festival it is not practical to sign forms but terms and conditions may be posted at the ticket office or on the ticket.
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Old 22-02-2012, 18:17   #9 (permalink)
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Re: Copyright issue

just ask them to show you the document stating that they have permission to use your images.......... if they have it it should be simple to reproduce if they dont take em to small claims court
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Old 22-02-2012, 20:09   #10 (permalink)
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Re: Copyright issue

I've been having a few issues recently with unauthorised use of images, and although I haven't been in quite the same situation I have been able to secure payment in every case by being firm but professional on my approach. Point out that you are the copyright holder and the image has not been authorised for use, state the fee you expect (be reasonable) and be prepared to negotiate confidently.

In most cases my original fee has been met (normally on the 2nd or 3rd response) and in all cases ignorance of copyright law has been the reason given, which in one case was a bit surprising as it was a publishing company!

Ask them to present their evidence that they have the right to use your imagery if they can't or won't press forward with breach of copyright.
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Old 23-02-2012, 06:45   #11 (permalink)
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Re: Copyright issue

Thank you again, some sound advice. I feel encouraged and have a route forward. Asking them for proof that they have the right over the use of my images is a simple and effective thing to do. I will get onto it today!
Thanks again everyone.
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