Copyright advice from professionals please

Messages
3
Name
Doug
Edit My Images
Yes
Hi,
This is an unusual one that I can't find a straight answer for anywhere else.

so here goes,

Last year, I was in my final year of University studying photography, and part of that involved a lot of fundraising for a end of year exhibition. Part of this fundraising was left up to me and a couple of others to arrange partys in local nightclubs to raise money.
One place was Bierkeller, a Bavarian themed bar in Blackpool (there are more around the couple which i will get round to)

As it was freshers week, we made posters for each of the nights, the night in bierkeller we asked if we could do a shoot in the bar in the day time with some models dressed in laderhosens and swinging steins around. they kindly agreed.

These images were taken by me and as the photographer i retained copyright, even though they were used for the purposes of fundraising at university.

As the team had formed a relationship with management of the Bierkeller they asked if the image could be used in the Blackpool Bierkeller and on their website. I informally agreed and sent over the image, Still retaining copyright (stated in the email)
I thought nothing of it and just asked for recognition as the photography.

Now i get to the issue,
A year on, Liverpool is about to have a bierkeller open in October. While construction of the interior, like most places, wooden temporary walls were installed around the entrance advertising the exciting new bar.
But WHAT do I see?

A cut out part of my photograph 5ft tall as part of the design on the wall.

I couldn't believe it, I hadn't given permission for it to be used in that way.

Now I e mailed the area manager who I had met a couple of times and seemed like a sound guy, he replied back that because i'd e mailed over the image he thought they could use the image for whatever they want.


Where do I stand on this? are they right? am I screwed?

Or should I send them an invoice charing them to use it.. ask them to put my name on it? (probably not going to happen unless they go out there with a sharpie pen)
take it down?

I don't have a clue!
If I should ask for money as well, how much?
I know I shouldn't be greedy and be flattered that theyve used it, but nobody walking past it (probably in the thousands) know I took it, they could be prospective clients. But I need to make a living don't I!
As a recent graduate I havn't got the fattest wallet.




Hope someone can help!
Thanks guys.
 
It really depends on the content of the email. Did you put any restrictions on the image use?

EDIT: I refer to the email you sent them with the image attached
 
Last edited:
Hi,
This is an unusual one that I can't find a straight answer for anywhere else.

so here goes,

Last year, I was in my final year of University studying photography, and part of that involved a lot of fundraising for a end of year exhibition. Part of this fundraising was left up to me and a couple of others to arrange partys in local nightclubs to raise money.
One place was Bierkeller, a Bavarian themed bar in Blackpool (there are more around the couple which i will get round to)

As it was freshers week, we made posters for each of the nights, the night in bierkeller we asked if we could do a shoot in the bar in the day time with some models dressed in laderhosens and swinging steins around. they kindly agreed.

These images were taken by me and as the photographer i retained copyright, even though they were used for the purposes of fundraising at university.

As the team had formed a relationship with management of the Bierkeller they asked if the image could be used in the Blackpool Bierkeller and on their website. I informally agreed and sent over the image, Still retaining copyright (stated in the email)
I thought nothing of it and just asked for recognition as the photography.

Now i get to the issue,
A year on, Liverpool is about to have a bierkeller open in October. While construction of the interior, like most places, wooden temporary walls were installed around the entrance advertising the exciting new bar.
But WHAT do I see?

A cut out part of my photograph 5ft tall as part of the design on the wall.

I couldn't believe it, I hadn't given permission for it to be used in that way.

Now I e mailed the area manager who I had met a couple of times and seemed like a sound guy, he replied back that because i'd e mailed over the image he thought they could use the image for whatever they want.


Where do I stand on this? are they right? am I screwed?

Or should I send them an invoice charing them to use it.. ask them to put my name on it? (probably not going to happen unless they go out there with a sharpie pen)
take it down?

I don't have a clue!
If I should ask for money as well, how much?
I know I shouldn't be greedy and be flattered that theyve used it, but nobody walking past it (probably in the thousands) know I took it, they could be prospective clients. But I need to make a living don't I!
As a recent graduate I havn't got the fattest wallet.




Hope someone can help!
Thanks guys.

You own the copyright and they can't use it without permission... they have and as such have broken copyright law.

You have a few options:

1) Demand payment
2) Order them to take it dowm
3) Offer a goodwill gesture like free entry and a few free drinks as payment

With point 1 I have no idea how much... how many times have they used it? If just the once then not a lot, but if it's in dozens of things then quite a lot.

Per usage you can by right demand what you want as it's your image... however I'd pitch it at a price you know they could afford.

Chances are they'll refuse but there's no harm in trying... maybe option 3 is the best course of action though as it won't really cost them much and you also benefit whilst keeping a good relationship with them :)
 
Thanks guys,

The e mail I'd sent had no restrictions other that retaining copyright and allowing it to be used on their website and as a poster in the Bierkeller in Blackpool (which was temporary as they're not in there anymore)
I didn't realise I might have to say 'this does not include [...] etc etc'

I think i'll send them an email asking for payment, how much though I don't know... maybe £80? I don't expect i'll get hundreds from it.

This is the original image poster design and the image they took from it, so not a great deal.
http://dougmitchell.tumblr.com/image/32394204719
 
If the email states 'Bierkeller in Blackpool' then you should be ok.............send them the invoice
 
If you told them that they could use it as a poster in the Bierkeller in Blackpool and on their website then any other use would be a breach of the agreement you had with them.
Depending on what you want out of it I'd suggest you contact a lawyer or seek proper advice, keeping copies of the email and any other letters/emails.
 
I had stated in the e mail remember to put acknowledgment which they claim they did but I looked on the site and facebook page and there's no sign of recognition.
They're full of it.

I'll sort it out from here,

thanks a lot for the help!!
:)
 
Send them a big invoice for how they have used it to date.

Demand the image is removed unless the agree further usage rights - further payment :)
 
Take pics of the posters
 
Back
Top