Use of a photo of mine in a local newspaper.

[hyukie]

Recently a photo of mine was used in the local paper without my acknowledgement. I was not notified by the paper, and my name was not used to credit this photo.

http://aeiko.net/stuff/herald_01.jpg

I found it rather interesting that they had used this image on the front page, then linked it to a very small column on page 5. That left me thinking that the image was used for aesthetic purposes to help sell more papers.

A friend of mine sent me this email;

hello, me again (:

Last night I went out for a meal for my cousins 23rd. There was a mate of mine/my cousin's who till last night i had no idea worked for the Herald[being the local paper]. I hope I did right in doing the below.

I hope u don’t mind me talking about your personal/public life but I questioned him about your coverage within the paper. Now I hope did right in doing so - my intention wasn’t to stir anything up and don’t worry that didn’t happen. I wouldn’t have mentioned your name if Mike hadn’t already have known I was mates with you (else it might have been just a bit random). He knew we were mates from your MySpace friends. I asked on behalf of you. I asked him about what your own situation would be with the Herald using your photo of the subway. He was very sure that copyright would have been broken and so you would more than likely have a good case against them. He said how the best way to approach it is to personally approach the Herald and constructively explain the situation over copyright (as they would have made money from their papers obviously). Mike believed you would have a good case because he compared it to a situation when a copyrighted image of a NYC Taxi Cab of someone’s that that they’d spotted as their own. This person who owned the photo went forward in person and got a nice sum of money. He didn’t like to say how much as he wasn’t sure for sure how much it was. But yeah - so he reckons you have a good chance if you approach them.

After that mike also went on to say how he actually supported you guys. He said he really liked your video art and the conceptual work on the subway was great. But yeah, go there in person and talk to the Herald - it could really help you out.

I'm just wondering if anyone could assist me on this situation. Thanks in advance.

[Pearly]

I think if your face was shown on the newspaper and they had not asked for your consent then there may have been a case for invasion of privacy - apparently if
individuals are not identifiable from the photograph it is not be necessary to obtain consent.

Is the issue more about the fact they printed the graffiti though? I think this could be worth investigating although the paper may argue that the artwork was done on public property?

[hyukie]

Is the issue more about the fact they printed the graffiti though? I think this could be worth investigating although the paper may argue that the artwork was done on public property?

The arrows were done on public property yes, however that has been dealt with. The issue is the use of the image though, which is my property.

[Pearly]

Did you take the photo?

[hyukie]

Yes.

[lucifer devil]

well how did they get hold of it?

[Nikki*]

well how did they get hold of it?

I'm pretty sure it was posted on here (or a link to it) because I remember thinking it was really good. Could jsut be the paracetamol talking though.

So was the picture avalible online then?

[katralla]

well how did they get hold of it?

:yes: exactly what I want to know too.

[Pearly]

Well if you took the photo it would be interesting to see what the newspaper has to say on it, keep us posted on what happens!

[hyukie]

well how did they get hold of it?

Here (http://www.deviantart.com/deviation/27893273/) maybe, I'm not entirely sure.

If you look on that site it says A deviation by ~hyukie (© 2006). I'm not exactly what that © covers, but I know I have the intellectual rights to the image.

[lucifer devil]

don't you have to buy copyrights? i'm sure you can't just put one of those symbols and be like ooh ooh ooh it's mine.

[Pearly]

You don't have to pay fees for copyright protection in the UK, it is automatic and there is no registration system...

This website may help?
http://www.copyrightservice.co.uk/protect/p16_photography_copyright

[muse-]

he took the image, it's his... they don't have any right to use it without permission afaik.

[Kat_B]

have you contacted the newspaper and asked them about it?

[lucifer devil]

have you contacted the newspaper and asked them about it?


you'd think so wouldn't you.

[ShyBoy]

you'd think so wouldn't you.

Well the newspaper could blow him off, so its probably wise him seeking advice beforehand.

It may be worth talking to the newspaper and seeing what they say, then consult with a solicitor who specialises in copyright law and see what they say, and then you'll have a better idea of where to go. Kermit on this forum is a legal secretary I beleive and will probably have a good idea whether you've got a case or not.

[hyukie]

Well the newspaper could blow him off, so its probably wise him seeking advice beforehand.

It may be worth talking to the newspaper and seeing what they say, then consult with a solicitor who specialises in copyright law and see what they say, and then you'll have a better idea of where to go. Kermit on this forum is a legal secretary I beleive and will probably have a good idea whether you've got a case or not.

Yeah, I wanted to find out what my options were before I stormed their offices demanding billions of pounds.

I researched up a bit on the issue using that link Pearly gave which was very useful and wrote a letter to the newspaper.

Dear Editor

I am writing to you regarding the use of the image on the front page of your newspaper on Thursday February the 9th 2006. Considering that this image was taken by myself, under UK law the copyright is automatically assigned to myself as the owner of the image. As you had printed this image without my permission, this is an act of copyright infringement and constitutes a breach of my legal rights. This is unacceptable and I would have expected better from a reputable newspaper such as yourself.
Withdrawing all copies of the printed image is obviously impossible seeing that you have a daily readership of over 80,000 people. Therefore, I feel the best option would be for you to pay for the licensing of the image, which according to http://ozimages.com.au/stockpricing/Calculator.asp?Error=NoDist&FieldID= the average price for using an image on the front page of a newspaper editorial with a readership between 50,000 and 100,000 is £340.
I hope that you can resolve this dispute within 28 days. I will be seeking legal advice the case will be pursued if you cannot comply with the request within the time period.

Do you think this is okay or is there anything I need to change/add?

Your help is much appreciated by the way :)

[Click to see more]

I think you should pop down to your local citizens advice, and have a chat with them before you do anything. Whatever you do, don't go in with a sum of money - they'll have a bartering point from the start, and you'll only get less.

If you choose not to take legal advice, then I'd suggest that at the very least you base your letter around the following:-

..."due to the unauthorised reproduction of my of my work by a for-profit organisation, I am looking to be suitably compensated for my contribution to your publication."...

As a guide, I was offered over a grand a couple of years ago to write 5000 words for what was then a relatively small PC magazine.

Good luck :).

They're in the unenviable position where they have made your work publically available and reproduced within your local area. Guideline figures should be out the window, as they have reproduced YOUR work WITHOUT your permission - in my opinion, the situation is very much in your favour.