Approve the Cookies
This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies. Read More.
OK
Index  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Register to forums    Log in

 
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography
Thread started 29 Aug 2017 (Tuesday) 22:52
Prev/next
sponsored links
(this ad will go away when you log in as registered member)

TV News Show used my photo without permission.

 
lightning1345
Hatchling
2 posts
Joined Aug 2017
Post has been edited 2 months ago by lightning1345.
Aug 29, 2017 22:52 |  #1

Okay so I would like to know what you guys would do in this situation. This happened just over 2 years ago, I live in New Zealand and TV news show that did this is one of the biggest ones in New Zealand. So what happened is that I uploaded a photo of some snow covered trees to a weather reporting group on facebook that had a watermark with my website on it on the bottom left corner. The next day this news show makes a story about the cold weather and broadcasts it on TV but they used my snow photo without my permission in the story and they EVEN cropped out my watermark! I have all the proof including the exact time my photo was approved on the facebook weather reporting group.

I was furious at this, if they hadn't cropped out my watermark then thousands of people would have gone onto my website which at the time redirected to my youtube channel and I would have got hundreds of new subscribers if not thousands. The reason why I didn't take action about it comes down to my personality at the time - I was a laid back person and very shy but now I am more likely to stand up for myself and I would like to stand up against freebooting. As of right now the video that has my photo that was broadcast on tv is still on their website (their website has ads as well) another thing that I don't like is that they have put their watermark on the whole video on the bottom right corner so when they broadcasted it, their watermark is on my photo.

At this stage I'm either going to:

- Contact them and say they have to pay me a big amount of money (not sure how much)
- If they refuse to pay I will threaten legal action and tell another news website/channel about this to raise awareness about freebooting.

I wasn't making any money from my photography at the time of when this happened but I believe had they not cropped out my watermark or at the very least given credit by putting my name on the photo when was broadcast that my audience would have grown significantly and then I would've been able to make money from people buying prints etc.




LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as registered member)
PhotosGuy
Moderator
PhotosGuy's Avatar
74,822 posts
Gallery: 7 photos
Joined Feb 2004
Middle of Michigan
Aug 29, 2017 23:34 |  #2

You really need to talk to whatever you call an intellectual property lawyer over there. The Bern Convention doesn't work the same in every country as some have modified it to fit their needs.
https://www.google.com ...WYMXkSozhNGwN_VKP0H​uptCIQ (external link)


FrankC - 20D, RAW, Manual everything...
Classic Carz, Racing, Air Show, Flowers.
Find the light... A few Car Lighting Tips, and MOVE YOUR FEET!
Have you thought about making your own book? // Need an exposure crutch?
New Image Size Limits: Image must not exceed 1280 pixels on any side.

LOG IN TO REPLY
MalVeauX
"Looks rough and well used"
MalVeauX's Avatar
Joined Feb 2013
Florida
Aug 29, 2017 23:48 |  #3

Depends on laws in your country.

From what I know (or at least think I know?):

1) The image has to be registered for it to become legal-actionable. A photo that is your property and watermarked for "copyright" purposes doesn't do squat in legal terms unless its registered.
2) The use will have been performed prior to your registration date now, no matter what. This may or may not matter, a lot.
3) Legal action on your part will cost you a lot more than it will matter to them. It won't be fast and simple. Be prepared to fork up or hope for a probono lawyer out there who's just looking for an easy one.

Very best,


My Flickr (external link) :: My Astrobin (external link)

LOG IN TO REPLY
PhotosGuy
Moderator
PhotosGuy's Avatar
74,822 posts
Gallery: 7 photos
Joined Feb 2004
Middle of Michigan
Aug 29, 2017 23:56 |  #4

MalVeauX wrote in post #18440499 (external link)
1) The image has to be registered for it to become legal-actionable. A photo that is your property and watermarked for "copyright" purposes doesn't do squat in legal terms unless its registered.

Well, this is why I said to see a local lawyer, because that's not true in the US if the © watermark has been removed.
Here, (US), removing the watermark is a separate issue to © violations: From Carolyn E Wright's blog: (external link)


FrankC - 20D, RAW, Manual everything...
Classic Carz, Racing, Air Show, Flowers.
Find the light... A few Car Lighting Tips, and MOVE YOUR FEET!
Have you thought about making your own book? // Need an exposure crutch?
New Image Size Limits: Image must not exceed 1280 pixels on any side.

LOG IN TO REPLY
Dan ­ Marchant
Goldmember
Dan Marchant's Avatar
Joined Oct 2011
Where I'm from is unimportant, it's where I'm going that counts.
Post has been edited 2 months ago by Dan Marchant.
Aug 30, 2017 00:00 |  #5

MalVeauX wrote in post #18440499 (external link)
Depends on laws in your country.

From what I know (or at least think I know?):

1) The image has to be registered for it to become legal-actionable. A photo that is your property and watermarked for "copyright" purposes doesn't do squat in legal terms unless its registered.
2) The use will have been performed prior to your registration date now, no matter what. This may or may not matter, a lot.

Registration is only a requirement in a small handful of countries at most - mainly the US . The OP stated in their post that they are in New Zealand which has no requirement for copyright registration so neither of your first two points are valid.


Dan Marchant
Website/blog: danmarchant.com (external link)
Instagram: @dan_marchant (external link)
Gear Canon 5DIII + Fuji X-T2 + lenses + a plastic widget I found in the camera box.

LOG IN TO REPLY
john ­ crossley
Goldmember
john crossley's Avatar
2,023 posts
Joined Nov 2009
It's Grim Up North
Aug 30, 2017 00:56 |  #6

MalVeauX wrote in post #18440499 (external link)
3) Legal action on your part will cost you a lot more than it will matter to them. It won't be fast and simple. Be prepared to fork up or hope for a probono lawyer out there who's just looking for an easy one.

And as Dan disagrees with your first two points I will disagree with your third.
New Zealand has a small claims court whereby you pay a nominal fee depending on the amount of the claim you are making.


Some days I'm the dog, other days I'm the lamppost

LOG IN TO REPLY
lightning1345
THREAD ­ STARTER
Hatchling
2 posts
Joined Aug 2017
Aug 30, 2017 01:22 |  #7

Okay guys thanks for the advice I have decided to first email or write them a letter to seek some kind of compensation but if they refuse I will not threaten legal action I will say that if we don't come to an agreement I might resort to legal action. If that's the case I will discuss this with someone who knows about copyright laws in New Zealand.




LOG IN TO REPLY
john ­ crossley
Goldmember
john crossley's Avatar
2,023 posts
Joined Nov 2009
It's Grim Up North
Aug 30, 2017 01:30 |  #8

As I don’t live in New Zealand I don’t know their laws pertaining to photography and copyright, or the agreed fees that TV companies have to pay for image usage. But here in the UK the photographer owns the copyright of the photograph regardless of whether it is watermarked or not and there is no requirement to register the image. So therefore it is a breach of copyright for a TV company to use an image without permission, and it is also a breach of copyright to remove any watermark that is on the image.

Here in the UK the National Union of Journalism rates for photographs broadcast on TV are as follows:

Single transmission – 4 seconds: £85
Single transmission – up to 10 seconds: £110


Some days I'm the dog, other days I'm the lamppost

LOG IN TO REPLY
Dan ­ Marchant
Goldmember
Dan Marchant's Avatar
Joined Oct 2011
Where I'm from is unimportant, it's where I'm going that counts.
Aug 30, 2017 04:33 |  #9

john crossley wrote in post #18440526 (external link)
And as Dan disagrees with your first two points I will disagree with your third.
New Zealand has a small claims court whereby you pay a nominal fee depending on the amount of the claim you are making.

But does that small claims court have jurisdiction in copyright cases? In the vast majority of countries (inc the USA) state/county level and small claims courts don't have jurisdiction over copyright cases so you have to sue in the high court/supreme court. The only exception I know of is the UK which set up the IPEC (Intellectual Property Enterprise Court) as a small claims IP court.

New Zealand does have a copyright tribunal service https://www.justice.go​vt.nz/tribunals/copyri​ght/ (external link) but its scope is very limited - you can't sue for infringement.


Dan Marchant
Website/blog: danmarchant.com (external link)
Instagram: @dan_marchant (external link)
Gear Canon 5DIII + Fuji X-T2 + lenses + a plastic widget I found in the camera box.

LOG IN TO REPLY
joeseph
"smells like turd"
joeseph's Avatar
Joined Jan 2004
Auckland, New Zealand
Post has been last edited 2 months ago by joeseph. 2 edits done in total.
Aug 30, 2017 05:22 |  #10

I live in N.Z. & have no idea where you stand legally, but suspect that waiting 2 years before contacting the TV folks is a bit too long, and you'll likely find anyone involved in using your photograph may have moved on (especially the person who made the decision to air it)


do hope I'm wrong...


some fairly old canon camera stuff, canon lenses, Manfrotto "thingy", 1D MK II converted for IR, and now an M5
TF posting: here :-)

LOG IN TO REPLY
saea501
... spilled over a little on the panties
saea501's Avatar
Joined Jan 2010
Florida
Aug 30, 2017 06:45 as a reply to joeseph's post |  #11

I agree with Joeseph......you've waited too long.

Not sure I understand the rationale behind waiting this long, but I think, at this point, you should forget about it simply move on.

If you try to pursue it the TV station will tie you up in legal bullcrap for the foreseeable future.


Remember what the DorMouse said.....feed your head.
Bob

LOG IN TO REPLY
john ­ crossley
Goldmember
john crossley's Avatar
2,023 posts
Joined Nov 2009
It's Grim Up North
Aug 30, 2017 07:28 |  #12

joeseph wrote in post #18440582 (external link)
I live in N.Z. & have no idea where you stand legally, but suspect that waiting 2 years before contacting the TV folks is a bit too long, and you'll likely find anyone involved in using your photograph may have moved on (especially the person who made the decision to air it)


do hope I'm wrong...


saea501 wrote in post #18440607 (external link)
I agree with Joeseph......you've waited too long.

Not sure I understand the rationale behind waiting this long, but I think, at this point, you should forget about it simply move on.

If you try to pursue it the TV station will tie you up in legal bullcrap for the foreseeable future.

Well I actually disagree with both of you. Here in the UK it would be the TV company that would be held accountable, NOT the individual employee who made the decision to use the photograph. And also here in the UK you have up to six years in which you can make a claim in the small claims court.
All the OP has to do is prove that the photograph was used without his/her consent, and then he/she would be entitled to whatever the transmission rates are in New Zealand.


Some days I'm the dog, other days I'm the lamppost

LOG IN TO REPLY
Moppie
Moderator
Moppie's Avatar
14,715 posts
Gallery: 19 photos
Joined Sep 2004
Akarana, Aotearoa. (Kiwiland)
Aug 31, 2017 00:09 |  #13

I do live in NZ, and I do know something about copyright law.

Yes, it is infringement, no it is not fair use, and use you could pursue them.

But, the vast majority of such cases here cost more than any settlement is worth, and actual lost value to you isn't great.
It is worth taking them to task over it though, an invoice for $450 and follow up demands for payment will either get someones attention, or might even get payed if they put it in the too hard basket.
But, this happens a lot, they hire idiots and rely on most people not caring, or thinking it's cool if their image gets used.

A couple of points though, if this happened 2 years ago then it maybe too late to to anything and expect a positive out come.
And if they did show your water mark it would have made very little if any real difference. The simple fact is people watching would not have jumped up and visited your website.


flickrexternal link

Have you Calibrated your Monkey lately?

LOG IN TO REPLY
john ­ crossley
Goldmember
john crossley's Avatar
2,023 posts
Joined Nov 2009
It's Grim Up North
Aug 31, 2017 03:01 |  #14

Moppie wrote in post #18441196 (external link)
I do live in NZ, and I do know something about copyright law.

Yes, it is infringement, no it is not fair use, and use you could pursue them.

But, the vast majority of such cases here cost more than any settlement is worth, and actual lost value to you isn't great.
It is worth taking them to task over it though, an invoice for $450 and follow up demands for payment will either get someones attention, or might even get payed if they put it in the too hard basket.
But, this happens a lot, they hire idiots and rely on most people not caring, or thinking it's cool if their image gets used.

A couple of points though, if this happened 2 years ago then it maybe too late to to anything and expect a positive out come.
And if they did show your water mark it would have made very little if any real difference. The simple fact is people watching would not have jumped up and visited your website.

You have up to SIX years in which to make a claim in the small claims court

https://www.disputestr​ibunal.govt.nz/how-to-make-a-claim (external link)
http://www.copyright.o​rg.nz/faq.php (external link)


Some days I'm the dog, other days I'm the lamppost

LOG IN TO REPLY
Moppie
Moderator
Moppie's Avatar
14,715 posts
Gallery: 19 photos
Joined Sep 2004
Akarana, Aotearoa. (Kiwiland)
Aug 31, 2017 13:51 |  #15

john crossley wrote in post #18441240 (external link)
You have up to SIX years in which to make a claim in the small claims court

https://www.disputestr​ibunal.govt.nz/how-to-make-a-claim (external link)
http://www.copyright.o​rg.nz/faq.php (external link)


Small Claims can't handle IP and Copyright :)

http://www.clendons.co​.nz/ (external link) will usually give free basic advice to AIPA and NZIPP members, and have resolved a number of copyright cases that I know about.


flickrexternal link

Have you Calibrated your Monkey lately?

LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as registered member)

1,122 views & 4 likes for this thread
TV News Show used my photo without permission.
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography


Not a member yet? Click here to register to the forums.
Registered members get all the features: search, following threads, own gear list and ratings, likes, more forums, private messaging, thread follow, notifications, own gallery, settings, view hosted photos, own reviews and more...


AAA

Send feedback to staff    •   Jump to forum...    •   Rules    •   Index    •   New posts    •   RTAT    •   'Best of'    •   Gallery    •   Gear    •   Reviews    •   Polls

COOKIES DISCLAIMER: This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies. Privacy policy and cookie usage info.

POWERED BY AMASS 1.4version 1.4
made in Finland
by Pekka Saarinen
for photography-on-the.net
Spent 0.00118 for 6 database queries.
PAGE COMPLETED IN 0.02s
Latest registered member is J4T4lyfe
817 guests, 392 members online
Simultaneous users record so far is 6106, that happened on Jun 09, 2016