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Copyright Infringment


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#1 PeterCatchpole

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Posted 04 April 2007 - 05:32 AM

Well, I never thought it would happen to me! One of my photographs is featured twice in a very well known British diving safari companies travel brochure.

I've had a read through this section and understand the general process to be adopted, though looking for more specific details concerning a value for the image and a penality for its unauthorised use.

Any tips would be greatly appreciated!
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#2 John Bantin

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Posted 05 April 2007 - 05:01 AM

Well, I never thought it would happen to me! One of my photographs is featured twice in a very well known British diving safari companies travel brochure.

I've had a read through this section and understand the general process to be adopted, though looking for more specific details concerning a value for the image and a penality for its unauthorised use.

Any tips would be greatly appreciated!


Never be afraid to ask for what is morally and legally yours!

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I buy my own photographic kit. Diving equipment manufacturers and diving services suppliers get even-handed treatment from me whether they choose to advertise in the publications I write for or not. All the equipment I get on loan is returned as soon as it is finished with. Did you know you can now get Diver Mag as an iPad/Android app?

 

#3 pmooney

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Posted 05 April 2007 - 05:27 AM

Go gettem. :rolleyes:

Edited by pmooney, 05 April 2007 - 02:27 PM.


#4 meister

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Posted 05 April 2007 - 07:13 AM

http://www.digitaldi...00744#msg200744
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#5 Paul Kay

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Posted 24 April 2007 - 08:18 AM

Well, I never thought it would happen to me! One of my photographs is featured twice in a very well known British diving safari companies travel brochure.

I've had a read through this section and understand the general process to be adopted, though looking for more specific details concerning a value for the image and a penality for its unauthorised use.

Any tips would be greatly appreciated!


Peter

The 1988 copyright act is pretty clear as to who copyright belongs to and if you took the image then it is you and as a result unauthorised use needs to be dealt with! Whilst in theory deliberate violation of copyright is a criminal offence this is unlikely to be a factor unless you can prove this to be the case which is difficult. If I were you I should probably contact the company and explain poiltely that they are using your image but you consent had not been sought and that you will now require a fee/payment for its use (as you would have done if you had been approached). Do ask how they got hold of the image. In the first instance you could ask them to make you an offer to compensate you for its unauthorised use and see what they come up with. Unless you are a professional photographer you should also figure out what the usage is worth to you and negotiate an acceptable compromise. If this isn't going to happen, I would suggest issueing them with an invoice for an amount that you are satisfied with - ie what you would have accepted if approached plus a pecentage (50% higher???) and if absolutely essential enforce this through the small claims court. Be aware that its unlikely that you can force a very high price unless you are a pro photographer and can reasonably demonstrate that you are able to negotiate high fees. My experience of the small claims court is not great but they do use a modicum of common sense and whilst I would expect a reasonable fee to be enforced I don't think that a high fee would be accepted as reasonable and you might simply get it reduced to a fair figure. Keep us posted!
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