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Thread started 18 Oct 2006 (Wednesday) 05:17
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Uk Rally Photogs....Careful

 
poah
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Oct 20, 2006 05:55 |  #16

Hi Dave this has happened to me recently. someone was using a shot of mine to advertise their company in their sig on forums. if you get me on MSN I'll send you a draft letter I used.

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TeeJay
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Oct 20, 2006 06:24 |  #17

As far as I know Dave, you are legally entitled to BILL them for images that have been used (and add a % on top of what you would have charged). Even if they take them down, they have had some use out of them and should pay up accordingly.


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kevin_c
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Oct 21, 2006 16:16 |  #18

Dave_G wrote in post #2136347 (external link)
And ONE MILLION POUNDS MUHAHAHAHAHAHAA
QUOTED IMAGE

And you have permission to post this image on the internet - I assume you have paid the film company... ;):)


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lakiluno
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Oct 21, 2006 18:47 |  #19

well...seeing as its not promoting anything, and couldn't be seen to promote anything but the film it came from (making money for the copyright holder, not the poster) then it would probably not be very sue-able.


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Dave_G
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Oct 21, 2006 18:52 |  #20

hahaha

I hot linked it from http://edbatista.typep​ad.com/edbatista/image​s (external link)

if you google 'Tempest Rally Images' I'm sure that my Fotki site doesn't come up!


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Dave_G
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Oct 31, 2006 03:48 |  #21

So I got an interesting email this morning, it was worth a try I suppose.

As an aside, I have asked that he provide me with the similar image, as there were definitely no other photogs at the corner when the car nearly landed on my head.

Email wrote:
Hello David

I have been aware of your correspondence with Jeff regarding the images which have been used firstly on the website (which has now been resolved) and the Stevie Petch image as part of the montage on the cover of the event regulations etc.

Firstly, I should point out that as a job I look after the interests of BAE SYSTEMS historic photographic archives and intellectual property rights of around 1.2 million images - I also have a wife who herself is an Intellectual Property Paralegal (Copyrights, Trade Marks and Patents) at Ericsson. I say this only to assure you that I know what I am talking about rather than in any suggestion of intimidation.

Anyway, to the issue at hand....
The use of this image appears to have been made entirely in error as it almost certainly replicates similar photographs supplied by Mark Sims at Rallygallery.com who was on the same corner in Warren Heath - If the origin was known to be anyone other than Mark's then it would not have been used. In law, the use of any image does not constitute a breach of copyright unless the user is fully aware of copyright restrictions. These must be attached to either the image or clearly displayed at it's source (In a book it would be in the sleeve or on the picture, in a magazine it would be in the legal title band or, as in this case where it is electronic display such as a website, at a point where one must pass said copyright mark (on a front page etc) or clearly displayed on the image or assigned title box.

As I say, I believe that this image may have been sent to me by someone after the 2005 event (It's too long ago to remember who and I get hundred of images sent).

Even ignoring the above, I also believe that perhaps you should also be made aware of the following:

* All media (including photographic rights) to British Rally Championship events and it's competitors rests solely with the BRC. They have a signed media agreement with the Forestry Commission for which they pay handsomely. It is only as a courtesy to all photographers that they never enforce these rights.

* Any other photograph or image taken on Forestry Commission property is the intellectual property of the Forestry Commission (unless the photographer has a similar agreement to the BRC).

* It is traditional that the organisers of events are granted free use of any media or images which are recorded or taken during their events - By signing on as Media (which I would ask you to confirm that you did so that I can cross reference our records), you are expected to assign such a courtesy.

Finally and in all honesty, running a major motorsport event in the UK is very time consuming and I really cannot afford to give this matter any further attention - We can do one of two things here. Either we can attribute any further uses of the image to you and end up friends or you can take whatever legal proceedings you wish.

Barry Guess
Rally Manager - South of England Tempest Rally


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peacock
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Oct 31, 2006 04:40 as a reply to  @ Dave_G's post |  #22

Well David
Thats quit a comprehensive **** slapping isnt it:lol: , I wouldnt like to think how much of that is true , but he does sound convincing methinks. Will the image still be in the programme ?


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Gerry@Rick
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Oct 31, 2006 04:58 |  #23

Dave_G wrote in post #2135855 (external link)
Will let you know how they respond.

If they had emailed me and asked me I wouldn't have minded. But seeing as they just robbed them I do.

There's a difference isn't there. one is robbery and the other is respect, if they'd paid you that would have been even more respectful.:rolleyes:




  
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Dave_G
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Oct 31, 2006 05:26 |  #24

peacock wrote in post #2194439 (external link)
Well David
Thats quit a comprehensive **** slapping isnt it:lol: , I wouldnt like to think how much of that is true , but he does sound convincing methinks. Will the image still be in the programme ?

I consider myself well and truly he-**** man E-slapped by that!

Oh well, will put massive GOOD MORNING TEMPEST RALLY!!111 text across the shots I do.

And yes, by the sounds of it, the shot will be on the front page of the programme. Will BUY a copy, laminate it and you know the rest...


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Dave_G
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Oct 31, 2006 05:27 |  #25

Gerry@Rick wrote in post #2194489 (external link)
There's a difference isn't there. one is robbery and the other is respect, if they'd paid you that would have been even more respectful.:rolleyes:

Yeah exactly, would have been a bit of a knob out moment to have them ask to use the shot for the front cover!


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peacock
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Oct 31, 2006 06:39 as a reply to  @ Dave_G's post |  #26

Because copyright protection in many cases is automatic and does not need registration, much digital content found on the Internet will be protected by copyright. In most cases, the copyright holder will need to be approached prior to any use of the images that fall beyond the limited exceptions permitted by law (for further information see Fair Dealing below). This also means that although a copyright credit line is not necessary for a work to be afforded copyright protection, if a credit line is used, its use can provide proof that the work is protected by copyright particularly in the context of international publishing activities that the Web provides. If used, the copyright credit line should take the following form: ("Year, name of rights holder, All Rights Reserved").
http://www.tasi.ac.uk …naging/copyrigh​t.html#cp2 (external link)

I cant find anything on the forestry commision site about them holding image rights.
and I dont recall seeing a photographic rights disclaimer on tempest rally tickets either:confused:

but what he said about an image needing a copyright notice flys in the face of everything you read which states copyright is automatic , I dont understand:lol: :cry:


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Dave_G
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Oct 31, 2006 08:25 |  #27

tickets? didn't pay to get into the stages.

I can't be arsed anymore :D

Will scan the cover of the programme when I get one and put it up here, I'm sure that contravenes some form of copyright laws.


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peacock
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Oct 31, 2006 08:52 |  #28

Dave_G wrote in post #2195055 (external link)
tickets? didn't pay to get into the stages.

I can't be arsed anymore :D

Will scan the cover of the programme when I get one and put it up here, I'm sure that contravenes some form of copyright laws.

Expensive parking:lol:

That would be funny if he could sue you for copyright infringement , I'm suerly glad I only shoot for a larf:D


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Dave_G
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Oct 31, 2006 09:01 |  #29

Same here. hahaha


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primoz
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Oct 31, 2006 09:19 |  #30

Dave_G wrote in post #2194321 (external link)
It is traditional that the organisers of events are granted free use of any media or images which are recorded or taken during their events - By signing on as Media (which I would ask you to confirm that you did so that I can cross reference our records), you are expected to assign such a courtesy.

Sorry I didn't read whole thread so I might be a bit off.. Upper quote from mail you got says it all. If you did sign accreditation form and this was stated on that accreditation form, then you don't have much to do.
BUT! If this wasn't written on accreditation form which you signed, then I really don't care if "it's traditional that organisers are granted free use of any images". If you didn't sign that they have no rights to use those photos. If they meant to put it there, but they didn't because of whatever reason, it's their problem. Tradition or no tradition.
Another issue is, if you didn't have accreditation. I have no idea how it's in UK, but here I'm free to wander around forrests and fields, and if I "accidentaly" see race going through I can freely shoot photos. And accreditation or no accreditation, images are in that case my and only my. And noone has "right for free use" of those images.


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