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Photo In Newspaper  
User currently offlineVORTEX003 From United Kingdom, joined Mar 2007, 37 posts, RR: 0
Posted (5 years 1 month 2 days 7 hours ago) and read 2830 times:

Last week i discovered a photo of mine accompanying a news article about the local Police helicopter.I was not asked for permission to use this photo,nor credited - and i contacted the editor seeking payment - without reply.
Looking at UK copyright law it seems that 'fair usage' applies to news,and they are under no obligation to even ask to use the photo - never mind pay for it.
Am i right in thinking that every time they choose to write an article concerning the use of the Police helicopter,they can use my photo regardless?

14 replies: All unread, jump to last
 
User currently offlineJakTrax From United Kingdom, joined Jun 2005, 4936 posts, RR: 7
Reply 1, posted (5 years 1 month 2 days 6 hours ago) and read 2810 times:

I'm no expert on this subject but I think to be classed as 'fair usage' certain criteria need to be met. Pretty sure they can't just use your image willy-nilly for the slightest bit of related news.

Karl


User currently offlinePlainplane From United States of America, joined Mar 2008, 849 posts, RR: 1
Reply 2, posted (5 years 1 month 2 days 5 hours ago) and read 2774 times:

I would think that fair usage would only apply to a photo of a newsworthy event in progress, not just anybody's photo of an aircraft simply because a new story is being made about it. Your rights have most likely been violated. Legal action may be required in this case since the agency that used your image has refused contact.

User currently offlinePtrjong From Netherlands, joined Mar 2005, 3978 posts, RR: 18
Reply 3, posted (5 years 1 month 2 days 4 hours ago) and read 2745 times:

Fair usage as far as I know refers to a situation in which your photo itself was in the news, not the police helicopter.

So, if they wrote an article about the fact that they stole your photo, maybe they could claim fair usage, but not in this case. This is not fair usage and they know that full well.

Peter Smile



The only difference between me and a madman is that I am not mad (Salvador Dali)
User currently offlineSpencer From United Kingdom, joined Apr 2004, 1635 posts, RR: 17
Reply 4, posted (5 years 1 month 2 days 4 hours ago) and read 2733 times:

Wayne, you really need to chase this up mate....and don't let them give you the run-around!!!
Spencer.



EOS1D4, 7D, 30D, 100-400/4.5-5.6 L IS USM, 70-200/2.8 L IS2 USM, 17-40 f4 L USM, 24-105 f4 L IS USM, 85 f1.8 USM
User currently offlineVORTEX003 From United Kingdom, joined Mar 2007, 37 posts, RR: 0
Reply 5, posted (5 years 1 month 2 days 3 hours ago) and read 2718 times:

Thanks for the replies everyone.
So far three emails to various persons have not been answered.I'll wait a few more days before i try an alternative approach.


User currently offlineJRadier From Netherlands, joined Sep 2004, 4714 posts, RR: 50
Reply 6, posted (5 years 1 month 2 days 3 hours ago) and read 2693 times:



Quoting VORTEX003 (Reply 5):
I'll wait a few more days before i try an alternative approach.

My basic reply.... CALL! You're kind of hard to ignore for the unlucky person picking up  Wink



For once you have tasted flight you will walk the earth with your eyes turned skywards, for there you have been and ther
User currently offlineVORTEX003 From United Kingdom, joined Mar 2007, 37 posts, RR: 0
Reply 7, posted (5 years 1 month 2 days 2 hours ago) and read 2684 times:



Quoting JRadier (Reply 6):

All you get nowadays is 'Sorry, Mr * isn't in - can you call back later?' or 'Er - who's calling? - sorry Mr * can't take your call,do you want to leave a message?'


User currently offlineJRadier From Netherlands, joined Sep 2004, 4714 posts, RR: 50
Reply 8, posted (5 years 1 month 2 days 2 hours ago) and read 2679 times:



Quoting VORTEX003 (Reply 7):

All you get nowadays is 'Sorry, Mr * isn't in - can you call back later?' or 'Er - who's calling? - sorry Mr * can't take your call,do you want to leave a message?'

did you try? I have found that getting to speak to people (perhaps try and twist the truth a little) is quite easy...



For once you have tasted flight you will walk the earth with your eyes turned skywards, for there you have been and ther
User currently offlineVORTEX003 From United Kingdom, joined Mar 2007, 37 posts, RR: 0
Reply 9, posted (5 years 1 month 2 days 2 hours ago) and read 2664 times:

I did initially,before i sent the emails.

User currently offlinePlainplane From United States of America, joined Mar 2008, 849 posts, RR: 1
Reply 10, posted (5 years 1 month 2 days 2 hours ago) and read 2661 times:

Is this a local paper? Do you know if their office is near your residence?

User currently offlineINNflight From Switzerland, joined Apr 2004, 3767 posts, RR: 60
Reply 11, posted (5 years 1 month 2 days 1 hour ago) and read 2640 times:

I agree, call them.

Ask for the chief editor, or even the manager of the paper, say you are a photographer. The receptionist doesn't need to know more. Then, once you got the right person on the line, go and talk to him about that.

It is unlikely that a newspaper would refuse to pay you over that, simply because they know there's hardly a leg for them to stand on.

Still, if you want to do it right, get legal advice, and no, not on the internet  Smile



Jet Visuals
User currently offlineVORTEX003 From United Kingdom, joined Mar 2007, 37 posts, RR: 0
Reply 12, posted (5 years 1 month 1 day 8 hours ago) and read 2578 times:

Called today and will find out tomorrow if i will be reimbursed.They told me no emails had been received.
Fingers crossed i don't have to pursue the legal route  Wink


User currently offlineVORTEX003 From United Kingdom, joined Mar 2007, 37 posts, RR: 0
Reply 13, posted (5 years 1 month 7 hours ago) and read 2498 times:

Newspaper agreed to pay and requested an invoice today.Thanks for all your advice folks.
Just have to wait for the postal strike to end to receive my cheque  Smile


User currently offlineDvincent From United States of America, joined Jan 2007, 1746 posts, RR: 11
Reply 14, posted (5 years 1 month 7 hours ago) and read 2492 times:
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All right! Glad to see you got paid your dues!


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