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Thread started 30 Jun 2008 (Monday) 23:35
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heinekenmusic.ie - leeching my photos

 
S.Horton
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Nov 15, 2008 20:55 |  #106

Welcome to big company politics.

I wish the claimants the best, but I think if they ever do get paid it won't be much, and won't be soon.


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blackshadow
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Nov 15, 2008 22:45 |  #107

Some photographers in the UK have a firm specialising in photographer's intellectual property acting for them on a no win/no fee basis - I'm sure they wouldn't have taken the case on this basis if they thought they would lose.


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PhotosGuy
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Nov 16, 2008 10:19 |  #108

Heineken has retained A&L Goodbody to handle the dispute.

By the time this gets resolved, & the lawyers finish bleeding them, they could have paid triple the market rate of more than €600 per picture.
So either way, there will be some justice done. :D


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Nov 16, 2008 11:21 |  #109

While it has denied any copyright breach, Heineken has offered a “full and final settlement” of €15 per picture, for what it described as “the inconvenience caused in having to write to us”.

Sounds like they're willing to reimburse for the time it took to write letters, but not for the use itself. Of course, that would be some kind of admission of guilt if they did so.

The law firm has written to the MEAA claiming that Heineken was not responsible for photographs appearing on its website.

Does that mean I can show anything, even illegal material, on my website and get away with it? As they're claiming, I'm not responsible for anything done by me or at my direction.


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Nov 16, 2008 13:16 |  #110

Heineken not responsible for the content of it's website? I suppose that no company that sells a product consisting of outsourced components is not responsible if it fails, needs repair or replaced? It's a lame attempt to deflect the real issue of unauthorized use of Intellectual Property.


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blackshadow
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Nov 17, 2008 18:32 |  #111

tcphoto1 wrote in post #6698282 (external link)
Heineken not responsible for the content of it's website? I suppose that no company that sells a product consisting of outsourced components is not responsible if it fails, needs repair or replaced? It's a lame attempt to deflect the real issue of unauthorized use of Intellectual Property.


I agree!

The article also fails to mention that Heineken's solicitors are threatening to sue individual photographers for deliberately damaging Heineken's reputation by raising the matter in the media and in internet forums.

They are also threatening to take legal action in the Irish High Court to somehow have themselves absolved of any responsibility and then charge the photographers for their legal fees.

You couldn't make this craziness up - a photographer finds his work being used without permission by a multinational company, he bills the company, the company ignores him so he raises the matter publicly and then the photographer is threatened with legal action!


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Nov 17, 2008 20:30 |  #112

Sounds like a "SLAPP Suit" (external link). I wonder if Ireland has laws to address such things?


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hitmanh
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Nov 18, 2008 04:46 |  #113

blackshadow wrote in post #6706774 (external link)
I agree!

The article also fails to mention that Heineken's solicitors are threatening to sue individual photographers for deliberately damaging Heineken's reputation by raising the matter in the media and in internet forums.

They are also threatening to take legal action in the Irish High Court to somehow have themselves absolved of any responsibility and then charge the photographers for their legal fees.

You couldn't make this craziness up - a photographer finds his work being used without permission by a multinational company, he bills the company, the company ignores him so he raises the matter publicly and then the photographer is threatened with legal action!

Ah, the bizarre world of civil law...


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S.Horton
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Nov 18, 2008 08:12 |  #114

Like I said, welcome to big company politics.

They probably know what they're doing here; and they're paying money to firm it up.


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blackshadow
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Nov 18, 2008 16:01 |  #115

S.Horton wrote in post #6709968 (external link)
Like I said, welcome to big company politics.

They probably know what they're doing here; and they're paying money to firm it up.

I have a different opinion - I believe Heineken know they are wrong but don't want to admit it so they are doing everything in their power to weasel their way out of it including deflecting the blame and threatening law suits against claimants in an effort to make them go away and not have the matter discussed publicly.

They are threatening legal action for discussing the matter in the media or in online forums - but only if the photographers pursue their claim against Heineken.

It's out and out bully boy tactics.


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Shultz
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Nov 18, 2008 16:22 |  #116

tagging along..... glad I don't drink Heineken!

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Nov 18, 2008 17:04 |  #117

blackshadow wrote in post #6712962 (external link)
I have a different opinion - I believe Heineken know they are wrong but don't want to admit it so they are doing everything in their power to weasel their way out of it including deflecting the blame and threatening law suits against claimants in an effort to make them go away and not have the matter discussed publicly.

They are threatening legal action for discussing the matter in the media or in online forums - but only if the photographers pursue their claim against Heineken.

It's out and out bully boy tactics.

Agree 100% with this assessment.


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Nov 18, 2008 19:16 |  #118

Very few photographers can afford to sue a big company, so the class action type suit by the lawyers on a no win no fee basis is great. If they'd just paid reasonable licensing fees they'd have saved money, lawyers cost a fortune!


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Nov 18, 2008 20:40 |  #119

Wow, amazing, I am interested to se how this unfolds.

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blackshadow
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Nov 19, 2008 03:51 |  #120

Comment on www.copyrightaction.co​m (external link) reads:

EPUK asked a UK IP lawyer for an opinion on Heineken's claims. He asked not to be named but described Heineken's position as 'empty bluster, and this means they know they are on thin ice'. Heineken's claim that it's all down to Boondoggle is crap - as we knew and if they are really lawyers they'd know too. He is also very doubtful about their jurisdictional claims.

EPUK = Editorial Photographers UK http://www.epuk.org/ (external link)


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heinekenmusic.ie - leeching my photos
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