vortex003
Posts: 34
Joined: Tue Mar 06, 2007 2:38 am

Photo In Newspaper

Tue Oct 20, 2009 3:56 pm

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?
 
JakTrax
Posts: 4647
Joined: Thu Jun 30, 2005 3:30 am

RE: Photo In Newspaper

Tue Oct 20, 2009 4:23 pm

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
 
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Plainplane
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RE: Photo In Newspaper

Tue Oct 20, 2009 5:24 pm

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.
 
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ptrjong
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RE: Photo In Newspaper

Tue Oct 20, 2009 6:25 pm

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)
 
spencer
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RE: Photo In Newspaper

Tue Oct 20, 2009 6:50 pm

Wayne, you really need to chase this up mate....and don't let them give you the run-around!!!
Spencer.
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vortex003
Posts: 34
Joined: Tue Mar 06, 2007 2:38 am

RE: Photo In Newspaper

Tue Oct 20, 2009 7:19 pm

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.
 
JRadier
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RE: Photo In Newspaper

Tue Oct 20, 2009 7:54 pm



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
 
vortex003
Posts: 34
Joined: Tue Mar 06, 2007 2:38 am

RE: Photo In Newspaper

Tue Oct 20, 2009 8:14 pm



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?'
 
JRadier
Posts: 3943
Joined: Mon Sep 27, 2004 11:36 pm

RE: Photo In Newspaper

Tue Oct 20, 2009 8:21 pm



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
 
vortex003
Posts: 34
Joined: Tue Mar 06, 2007 2:38 am

RE: Photo In Newspaper

Tue Oct 20, 2009 8:48 pm

I did initially,before i sent the emails.
 
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Plainplane
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RE: Photo In Newspaper

Tue Oct 20, 2009 8:54 pm

Is this a local paper? Do you know if their office is near your residence?
 
INNflight
Posts: 3526
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RE: Photo In Newspaper

Tue Oct 20, 2009 10:09 pm

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
 
vortex003
Posts: 34
Joined: Tue Mar 06, 2007 2:38 am

RE: Photo In Newspaper

Wed Oct 21, 2009 3:10 pm

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
 
vortex003
Posts: 34
Joined: Tue Mar 06, 2007 2:38 am

RE: Photo In Newspaper

Thu Oct 22, 2009 3:47 pm

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
 
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dvincent
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RE: Photo In Newspaper

Thu Oct 22, 2009 4:01 pm

All right! Glad to see you got paid your dues!
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