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Use of a photo of mine in a local newspaper.
Former Member
Posts: 1,876,323 The Mix Honorary Guru
Recently a photo of mine was used in the local paper without my acknowledgement. I was not notified by the paper, and my name was not used to credit this photo.
I found it rather interesting that they had used this image on the front page, then linked it to a very small column on page 5. That left me thinking that the image was used for aesthetic purposes to help sell more papers.
A friend of mine sent me this email;
I'm just wondering if anyone could assist me on this situation. Thanks in advance.
I found it rather interesting that they had used this image on the front page, then linked it to a very small column on page 5. That left me thinking that the image was used for aesthetic purposes to help sell more papers.
A friend of mine sent me this email;
hello, me again (:
Last night I went out for a meal for my cousins 23rd. There was a mate of mine/my cousin's who till last night i had no idea worked for the Herald[being the local paper]. I hope I did right in doing the below.
I hope u don’t mind me talking about your personal/public life but I questioned him about your coverage within the paper. Now I hope did right in doing so - my intention wasn’t to stir anything up and don’t worry that didn’t happen. I wouldn’t have mentioned your name if Mike hadn’t already have known I was mates with you (else it might have been just a bit random). He knew we were mates from your MySpace friends. I asked on behalf of you. I asked him about what your own situation would be with the Herald using your photo of the subway. He was very sure that copyright would have been broken and so you would more than likely have a good case against them. He said how the best way to approach it is to personally approach the Herald and constructively explain the situation over copyright (as they would have made money from their papers obviously). Mike believed you would have a good case because he compared it to a situation when a copyrighted image of a NYC Taxi Cab of someone’s that that they’d spotted as their own. This person who owned the photo went forward in person and got a nice sum of money. He didn’t like to say how much as he wasn’t sure for sure how much it was. But yeah - so he reckons you have a good chance if you approach them.
After that mike also went on to say how he actually supported you guys. He said he really liked your video art and the conceptual work on the subway was great. But yeah, go there in person and talk to the Herald - it could really help you out.
I'm just wondering if anyone could assist me on this situation. Thanks in advance.
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Comments
individuals are not identifiable from the photograph it is not be necessary to obtain consent.
Is the issue more about the fact they printed the graffiti though? I think this could be worth investigating although the paper may argue that the artwork was done on public property?
The arrows were done on public property yes, however that has been dealt with. The issue is the use of the image though, which is my property.
I'm pretty sure it was posted on here (or a link to it) because I remember thinking it was really good. Could jsut be the paracetamol talking though.
So was the picture avalible online then?
:yes: exactly what I want to know too.
Here maybe, I'm not entirely sure.
If you look on that site it says . I'm not exactly what that © covers, but I know I have the intellectual rights to the image.
This website may help?
http://www.copyrightservice.co.uk/protect/p16_photography_copyright
you'd think so wouldn't you.
Well the newspaper could blow him off, so its probably wise him seeking advice beforehand.
It may be worth talking to the newspaper and seeing what they say, then consult with a solicitor who specialises in copyright law and see what they say, and then you'll have a better idea of where to go. Kermit on this forum is a legal secretary I beleive and will probably have a good idea whether you've got a case or not.
Yeah, I wanted to find out what my options were before I stormed their offices demanding billions of pounds.
I researched up a bit on the issue using that link Pearly gave which was very useful and wrote a letter to the newspaper.
Do you think this is okay or is there anything I need to change/add?
Your help is much appreciated by the way
If you choose not to take legal advice, then I'd suggest that at the very least you base your letter around the following:-
..."due to the unauthorised reproduction of my of my work by a for-profit organisation, I am looking to be suitably compensated for my contribution to your publication."...
As a guide, I was offered over a grand a couple of years ago to write 5000 words for what was then a relatively small PC magazine.
Good luck
They're in the unenviable position where they have made your work publically available and reproduced within your local area. Guideline figures should be out the window, as they have reproduced YOUR work WITHOUT your permission - in my opinion, the situation is very much in your favour.