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.
Ross
poah Goldmember 1,003 posts Likes: 1 Joined Aug 2006 Location: Glasgow More info | 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. Free printer profiles PM me for info
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TeeJay Goldmember 3,834 posts Likes: 4 Joined Jun 2005 Location: Warwickshire - UK More info | 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. 1DsMkIII | 1DMkIIN | 70-200 f/2.8L IS | 24-70 f/2.8L | 24-105 f/4L IS | 17-40 f/4L | 50 f/1.2L | WFT-E1 & E2 Transmitters - Click Here for setup advice | CP-E4 Battery Pack x 2 | ST-E2 | 580EX | 550EX | 430EXII | 420EX | Tripod + monopod | Bowens Esprit Gemini 500W/s heads & Travel-Pak | All this gear - and still no idea
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kevin_c Cream of the Crop 5,745 posts Likes: 4 Joined Mar 2005 Location: Devon, England More info | Oct 21, 2006 16:16 | #18 And you have permission to post this image on the internet - I assume you have paid the film company... -- K e v i n --
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lakiluno slightly jealous 2,895 posts Likes: 2 Joined Oct 2005 Location: Leeds, UK (formerly Edinburgh, Scotland) More info | 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. Leo
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Dave_G THREAD STARTER Goldmember 3,621 posts Likes: 6 Joined Jun 2005 Location: Hertfordshire, United Kingdom More info | Oct 21, 2006 18:52 | #20 hahaha Skoda Fabia vRS SE| Don't make a 70-200 thread | Pan Master™ © Allen Mead | Skodalover |Hippopotomonstrosesquippedaliophobia- Fear of long words... | now with 17s, a turbo, rear tints, dual climate, cruise... must be a new company car
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Dave_G THREAD STARTER Goldmember 3,621 posts Likes: 6 Joined Jun 2005 Location: Hertfordshire, United Kingdom More info | Oct 31, 2006 03:48 | #21 So I got an interesting email this morning, it was worth a try I suppose. 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 Skoda Fabia vRS SE| Don't make a 70-200 thread | Pan Master™ © Allen Mead | Skodalover |Hippopotomonstrosesquippedaliophobia- Fear of long words... | now with 17s, a turbo, rear tints, dual climate, cruise... must be a new company car
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peacock Goldmember 1,919 posts Joined Sep 2005 Location: Hampshire , South Coast UK More info | Well David Just started populating a site with snaps @
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Gerry@Rick Member 194 posts Joined Jul 2006 More info | Oct 31, 2006 04:58 | #23 Dave_G wrote in post #2135855 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.
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Dave_G THREAD STARTER Goldmember 3,621 posts Likes: 6 Joined Jun 2005 Location: Hertfordshire, United Kingdom More info | Oct 31, 2006 05:26 | #24 peacock wrote in post #2194439 Well David Thats quit a comprehensive **** slapping isnt it , 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! Skoda Fabia vRS SE| Don't make a 70-200 thread | Pan Master™ © Allen Mead | Skodalover |Hippopotomonstrosesquippedaliophobia- Fear of long words... | now with 17s, a turbo, rear tints, dual climate, cruise... must be a new company car
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Dave_G THREAD STARTER Goldmember 3,621 posts Likes: 6 Joined Jun 2005 Location: Hertfordshire, United Kingdom More info | Oct 31, 2006 05:27 | #25 Gerry@Rick wrote in post #2194489 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. ![]() Yeah exactly, would have been a bit of a knob out moment to have them ask to use the shot for the front cover! Skoda Fabia vRS SE| Don't make a 70-200 thread | Pan Master™ © Allen Mead | Skodalover |Hippopotomonstrosesquippedaliophobia- Fear of long words... | now with 17s, a turbo, rear tints, dual climate, cruise... must be a new company car
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peacock Goldmember 1,919 posts Joined Sep 2005 Location: Hampshire , South Coast UK More info | 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"). Just started populating a site with snaps @
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Dave_G THREAD STARTER Goldmember 3,621 posts Likes: 6 Joined Jun 2005 Location: Hertfordshire, United Kingdom More info | Oct 31, 2006 08:25 | #27 tickets? didn't pay to get into the stages. Skoda Fabia vRS SE| Don't make a 70-200 thread | Pan Master™ © Allen Mead | Skodalover |Hippopotomonstrosesquippedaliophobia- Fear of long words... | now with 17s, a turbo, rear tints, dual climate, cruise... must be a new company car
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peacock Goldmember 1,919 posts Joined Sep 2005 Location: Hampshire , South Coast UK More info | Oct 31, 2006 08:52 | #28 Dave_G wrote in post #2195055 tickets? didn't pay to get into the stages. I can't be arsed anymore ![]() 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 Just started populating a site with snaps @
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Dave_G THREAD STARTER Goldmember 3,621 posts Likes: 6 Joined Jun 2005 Location: Hertfordshire, United Kingdom More info | Oct 31, 2006 09:01 | #29 Same here. hahaha Skoda Fabia vRS SE| Don't make a 70-200 thread | Pan Master™ © Allen Mead | Skodalover |Hippopotomonstrosesquippedaliophobia- Fear of long words... | now with 17s, a turbo, rear tints, dual climate, cruise... must be a new company car
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primoz POTN Sports Photographer of the year 2005 2,532 posts Likes: 2 Joined Dec 2004 Location: Anywhere where ski World cup makes its stop More info | Oct 31, 2006 09:19 | #30 Dave_G wrote in post #2194321 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. PhotoSI
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