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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 17 Dec 2010 (Friday) 08:21
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Using Images

 
*Jayrou
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Dec 17, 2010 08:21 |  #1

Hi all

I'm wondering if you could give me some advice.

We recently photographed an event on our island and images were uploaded to our zenfolio website with price lists available to purchase.

Where I live , a free lifestyle magazines comes out monthly and this month in their 'Paparazzi' section , they have printed around 20 of our photos from the event and some how taken from our site, with the watermarked cropped off!....(they have credited us)

While its early days for me and the website and would have had no problem in giving permission to them if they had asked as this is a popular magazine that ends up in most households on the island.

I can't help feeling a little violated they've used them without permission to fill their pages, I've sent a polite email to them asking who gave permission and how they obtained the images to see what they say, as yet no reply.

Am I being overly sensitive here?, I'm a relative novice when it comes to this stuff but its actually bugged me a little.

Thanks


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PhotosGuy
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Dec 17, 2010 08:47 |  #2

Does your © come under British law?

I've sent a polite email to them...

I suspect that they'll say that it's a free magazine. But the printer got paid, the ad salesman got paid, the editor got paid,... So if you don't hear from them soon, I'd send them a hefty invoice.


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*Jayrou
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Dec 17, 2010 08:54 |  #3

PhotosGuy wrote in post #11468442 (external link)
Does your © come under British law? I suspect that they'll say that it's a free magazine. But the printer got paid, the ad salesman got paid, the editor got paid,... So if you don't hear from them soon, I'd send them a hefty invoice.

Thanks for your reply Frank

Like I said, I'm a novice when it comes to this stuff, what do you mean ' copyright come under British law' ?


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Alyx
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Dec 17, 2010 11:57 |  #4

with "copywright come under british law" he basically means if the copyright lies with you when creating the picture.
I think the section ''The Copyright Act 1911" @ http://en.wikipedia.or​g …law_of_the_Unit​ed_Kingdom (external link) covers the info but you might want to check for yourself since am not native to english and might take the meaning the wrong way.

If am understanding right you are automatically the owner when making it.


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u_loco_local
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Dec 17, 2010 17:42 |  #5

PhotosGuy wrote in post #11468442 (external link)
I'd send them a hefty invoice.

Plus penalties!


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PhotosGuy
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Dec 17, 2010 22:35 |  #6

u_loco_local wrote in post #11471209 (external link)
Plus penalties!

I'd save that for if/when they'd ignored me for a month. ;)


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ssim
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Dec 18, 2010 01:10 |  #7

u_loco_local wrote in post #11471209 (external link)
Plus penalties!

And what do estimate the penalties to be? This is kind of a generic statement and one that is used to loosely.


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*Jayrou
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Dec 18, 2010 05:22 |  #8

Alyx wrote in post #11469419 (external link)
If am understanding right you are automatically the owner when making it.

Excactly how I imagined it, I've still not heard back nor do I expect too now till Monday.
Maybe I'll compromise with them and they can run a feature on me in the next issue, its only fair..:cool:


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amfoto1
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Dec 18, 2010 10:57 |  #9

Check to see what's possible under British copyright law.

In the U.S. you can't ask for penalties or legal fees unless the images have been registered in a timely manner with the copyright office. With unregistered images you can only ask for "market rates".

Do not compromise. Any publication should know copyright law inside and out... It's one of their most basic responsibilities. If you were to infringe upon their copyright, you can be they'd make you pay until you bled.


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*Jayrou
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Dec 18, 2010 11:16 |  #10

amfoto1 wrote in post #11474222 (external link)
Check to see what's possible under British copyright law.

In the U.S. you can't ask for penalties or legal fees unless the images have been registered in a timely manner with the copyright office. With unregistered images you can only ask for "market rates".

Do not compromise. Any publication should know copyright law inside and out... It's one of their most basic responsibilities. If you were to infringe upon their copyright, you can be they'd make you pay until you bled.

Thanks for that, I've been looking it up and heres what I found..

Rights coveredThe law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used.
The rights cover; broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public.
In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work.

Types of work protected (Short version)

photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos

Duration of copyrightThe 1988 Copyright, Designs and Patents Act states the duration of copyright as;For literary, dramatic, musical or artistic works
70 years from the end of the calendar year in which the last remaining author of the work dies.


Restricted actsIt is an offence to perform any of the following acts without the consent of the owner:
Copy the work.
Rent, lend or issue copies of the work to the public.
Perform, broadcast or show the work in public.
Adapt the work.

I see I am protected and they've blatantly ignored anything regarding UK copyright law.


Next week will be fun.:D


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Box ­ Brownie
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Dec 18, 2010 18:56 |  #11

*Jayrou wrote in post #11468313 (external link)
Hi all

I'm wondering if you could give me some advice.

We recently photographed an event on our island and images were uploaded to our zenfolio website with price lists available to purchase.

Where I live , a free lifestyle magazines comes out monthly and this month in their 'Paparazzi' section , they have printed around 20 of our photos from the event and some how taken from our site, with the watermarked cropped off!....(they have credited us)

While its early days for me and the website and would have had no problem in giving permission to them if they had asked as this is a popular magazine that ends up in most households on the island.

I can't help feeling a little violated they've used them without permission to fill their pages, I've sent a polite email to them asking who gave permission and how they obtained the images to see what they say, as yet no reply.

Am I being overly sensitive here?, I'm a relative novice when it comes to this stuff but its actually bugged me a little.

Thanks

Can I ask a question??? I have enboldend a section your post and underlined a part of it ;)

You say they have printed around 20 of your photos and some of them are from your Zenfolio site ~ now of those that were not grabbed from the Zenfolio site how did they get the others??? Was this by contract arrangement with you, if so what did the contract say and were you indeed paid? You say the grabbed ones were cropped to remove watermark but credited to you ~ yes, bad way to treat you for sure but how do those images factor in considering they have by the sound of printed some with your permission.

If I have misread the situation then my apologies but what you posted raised the question for me in trying to understand the way you are going to pursue this if they have a mixture of your images.

PS Jersey, lovely island..........good food, fantastic beaches, Durrell Foundation, the Airshow etc :D

Edit - ooops !!!! a touch of word blindness on my part you said "some how" and I read that as "some are"........confused :lol: Have I simpy misread a typo???


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*Jayrou
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Dec 18, 2010 19:19 |  #12

Box Brownie wrote in post #11476066 (external link)
Can I ask a question??? I have enboldend a section your post and underlined a part of it ;)

You say they have printed around 20 of your photos and some of them are from your Zenfolio site ~ now of those that were not grabbed from the Zenfolio site how did they get the others??? Was this by contract arrangement with you, if so what did the contract say and were you indeed paid? You say the grabbed ones were cropped to remove watermark but credited to you ~ yes, bad way to treat you for sure but how do those images factor in considering they have by the sound of printed some with your permission.

If I have misread the situation then my apologies but what you posted raised the question for me in trying to understand the way you are going to pursue this if they have a mixture of your images.

PS Jersey, lovely island..........good food, fantastic beaches, Durrell Foundation, the Airshow etc :D

Edit - ooops !!!! a touch of word blindness on my part you said "some how" and I read that as "some are"........confused :lol: Have I simpy misread a typo???

Hi, Yes,they took 20 images cropped the watermark out and printed them in a monthly magazine, I said somehow because Zenfolio seems to me to be flash based, theres no right click option and if I veiw the source of the page I can't find an image URL/.jpeg in there?
Now I'm not sure how Mac's react to the page but as far as I can see it has to be screenshot taken , unless I'm mistaken?

Yeah Jersey's is a nice place,expensive to live here now though..:cry:
best thing about it is ordering gear from Amazon and getting the VAT off...:cool:


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tim
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Dec 18, 2010 19:42 |  #13

You can get images from the cache, or take screenshots.


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*Jayrou
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Dec 19, 2010 04:37 |  #14

tim wrote in post #11476239 (external link)
You can get images from the cache, or take screenshots.

Oh yeah,Doh! I forgot about that, thanks Tim, I actually spotted that Zenfolio thumbnail veiw has the right click>save picture option without the watermark.

Thats how this magaine displays their 'paparazzi' section too.


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radloser
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Dec 19, 2010 21:05 |  #15

Could they have ordered a set of prints from Zenfolio and then put them in the magazine? If they did it may add another aspect on this.


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