Advice please - Marwell using one of my Photos... but there is a problem

Daysleeper40

Daysleeper40

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Fi
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Hi all, hoping for a bit of advice please. I have previously agreed for Marwell to use any of my Marwell photographs in their promotional material with a name credit. This was years and years ago but I do still have the previous correspondence on Flickr so am sure of what I agreed.

They have sent me a Flickr message today as follows:

Dear Fi,

Thank you so much for your photographic support through Flickr!
We are very grateful and have found one of your flamingo images perfect for this year’s guidebook!

I’ve left a copy for you at the Membership cabin.

Best wishes and happy snapping :)
Mel

Now... the problem is I have zero flamingo photos taken at Marwell on my Flickr feed. Not one (their enclosure is appalling for photos). I have messaged back to say as much and will see what they reply - but what action do you all think I should take? I am fine for them to carry on using my Marwell shots as agreed but taking a shot that has been taken at a different zoo is surely not on??
 
I will watch this with interest.

But to summarise what you said:-

You are content as per agreed for the clearly marked Marwell images on your Flickr to be used
But you have none of the Marwell flamingoes shown.
You do have flamingoes from elsewhere and it is one of them that they have utilised.

In your reply to Marwell
You have told them they are using an unauthorized image because it was not taken at Marwell???

IMO as the have printed the guide there is not a lot that can now be done. They maybe can legitimately use a generic flamingoes image.........but as it falls outside your agreement with them what resolution do you want?

By that I mean, do you want payment or other compensation for its usage?

HTH ?
 
Box Brownie said:
I will watch this with interest.

But to summarise what you said:-

You are content as per agreed for the clearly marked Marwell images on your Flickr to be used
But you have none of the Marwell flamingoes shown.
You do have flamingoes from elsewhere and it is one of them that they have utilised.

In your reply to Marwell
You have told them they are using an unauthorized image because it was not taken at Marwell???

IMO as the have printed the guide there is not a lot that can now be done. They maybe can legitimately use a generic flamingoes image.........but as it falls outside your agreement with them what resolution do you want?

By that I mean, do you want payment or other compensation for its usage?

HTH ?
Click to expand...

Tbh I mainly want them to understand that what they have done is wrong - and probably asking for some form of compensation is the only way to effectively make this point? As you say - the picture is in the guide now...
 
As you say, because the agreement was put in place many many years ago, possibly the person (Mel) organising the guide book has missed the relevant info & just presumed it was taken at Marwell, or again because of how it's worded (supporting them photographically) presumed all your flickr pics could be used?

I'm sure it would be a genuine mistake, but it defo needs pointing out to them that the image was taken elsewhere AND not all pics on your flickr are free to use. Just get in touch & clarify your agreement.
 
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Is it not the bottom line that you don't want your credit being associated with possible issues with misrepresentation.
I mean it is wrong but businesses do this all the time, unless they actually state the picture is from their own enclosure then its just a picture of Flamingos, not the actual Flamingos.
If its printed and out in the PD with you're credit, then it is just an exercise in finger wagging and-


OldCarlos said:
I'm sure it would be a genuine mistake, but it defo needs pointing out to them that the image was taken elsewhere AND not all pics on your flickr are free to use. Just get in touch & clarify your agreement.
Click to expand...
 
And just to complicate things a little I'm guessing ZSL?
They have strict rules about their images being used for commercial gain,
I wonder how they would feel about it, should they find out?
But then again one Flamingo looks quite like another.
 
much ado about nothing ,if your happy to give your work away for a copy of a guide book .then I can't see a issue your not going to lose hundreds of pounds of income over it .most of us do it at times to get our name known .let sleeping dogs lie
 
the black fox said:
much ado about nothing ,if your happy to give your work away for a copy of a guide book .then I can't see a issue your not going to lose hundreds of pounds of income over it .most of us do it at times to get our name known .let sleeping dogs lie
Click to expand...

It's more a matter of being happy to support them as a charity because I approve of their conservation efforts - particularly in my local area re reintroducing sand lizards... not really in it to get my name known.
 
joxby said:
Is it not the bottom line that you don't want your credit being associated with possible issues with misrepresentation.
I mean it is wrong but businesses do this all the time, unless they actually state the picture is from their own enclosure then its just a picture of Flamingos, not the actual Flamingos.
If its printed and out in the PD with you're credit, then it is just an exercise in finger wagging and-
Click to expand...

Cobra said:
And just to complicate things a little I'm guessing ZSL?
They have strict rules about their images being used for commercial gain,
I wonder how they would feel about it, should they find out?
But then again one Flamingo looks quite like another.
Click to expand...

It is actually from Dudley but yes - this is the main issue for me.
 
I can see where where Fi is coming from with this. Whilst there is no problem with Marwell using any images taken at their zoo due to the long standing agreement there can be problem using images taken at other zoos that have a ‘no commercial photography use without prior consent’ clause in their entry requirements. I’ve had requests for image use before where these terms and conditions were present and had to politely turn down the request explaining why.

To stop this occurring again in the future it may be better to amend the agreement where they should ask you for a copy of the image file rather than downloading it themselves from Flickr. At least it would give you the chance to try to ensure the zoos T&Cs are met. As photographers we couldn’t moan about others copying our images for there own or commercial gain if we don’t take care to protect the rights of places we visit to take images for personal use.

Other than asking for the image to be removed from any future print runs, or at worse a commercial use fee being paid by Marwell to Dudley I can’t see there being much else that now be done it’s in print. It sounds like it’s going to be a learning point for Marwell, sounds like an honest mistake but I’m sure Marwell will understand as they likely have the same clause.
 
I would just explain that it's not a shot taken at Marwell so, embarrassingly, outside of your agreement. Personally I wouldn't get too anti with them as it's likely an innocent mistake and you don't want to burn bridges, but hopefully this will make them a little more careful when they source images.
 
Thanks all - I messaged back on Friday evening reiterating what our agreement is and to ask what photo has been used as I do not have any Flamingo shots taken at Marwell on my Flickr feed. Not had a response yet - assume they work normal office hours so will hopefully get a response on Monday. I'm confident it is one from Dudley that they have used as the same 'Mel' has favourited it two months ago.

I guess it will just be a case of asking for it to be removed from any further use and I think I will have to ask them to contact me on every occasion they want to use any of my shots and agree them on an individual basis.
 
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Daysleeper40 said:
Thanks all - I messaged back on Friday evening reiterating what our agreement is and to ask what photo has been used as I do not have any Flamingo shots taken at Marwell on my Flickr feed. Not had a response yet - assume they work normal office hours so will hopefully get a response on Monday. I'm confident it is one from Dudley that they have used as the same 'Mel' has favourited it two months ago.

I guess it will just be a case of asking for it to be removed from any further use and I think I will have to ask them to contact me on every occasion they want to use any of my shots and agree them on an individual basis.
Click to expand...
Did you ever get a response from them?
 
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