Copyright infringement

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6
Name
Mark
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#1
Hi All
My first post and it's a shout out for a bit of advice.
I was just watching the local news and the broadcaster showed excerpts from a promotional video created for a government body ( an executive non-departmental public body to be accurate) and used in the video is a still image of mine. I was not approached for permission to use the image.
I've found some good sources on what I should do now, ironically one of these is on another government body's website.
I just wondered if anyone has had a similar experience and carried it through to a successful conclusion?
Cheers
Mark
 
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#2
How do you know it is your photograph?
 
OP
OP
M
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6
Name
Mark
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#4
I know it's my photograph, I recognised it immediately. When I checked with the original, the cloud formations match exactly.
They have probably lifted it from Flickr or maybe local Newspaper website.
 
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#6
Though this is a UK centric forum you give no indication as to which country you are in ........wrong to assume UK???

Plus as the other posters say ~ how are you convinced it is your image & how might they have gotten hold of it?
 
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6
Name
Mark
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#7
Thanks Box Brownie Yes I'm in UK, and as I said in my other reply there's no question that it's mine because of position of clouds and post-processing technique. Probably lifted from Flickr or Liverpool Echo website.
Cheers
 
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#8
I know it's my photograph, I recognised it immediately. When I checked with the original, the cloud formations match exactly.
They have probably lifted it from Flickr or maybe local Newspaper website.
Been a while since I added or checked Flickr permissions... so query what type of infringement. As for the newspaper, under what terms did you submit the image to them???

With more info other much I hope experienced TP'ers can chime in with insight.
 
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6
Name
Mark
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#9
On Flickr we retain copyright, I've regularly had requests for use of other photos.
The image was submitted to the newspaper flickr group for them to use in a local shots feature. I've just checked the T&Cs for that group and photographers retain copyright.
Cheers
 
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6,645
Name
Steven
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#10
"Retaining copyright" doesn't mean you didn't grant the usage...
I've seen more than a few sites/groups/contest where they proudly proclaim you retain all copyrights. But as far as your dealings with them go you've waived them all in the small print.
And yes, I've won some and walked away from some... but I'm also in the US.
 
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Richard
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#12
As far as I'm aware our local paper has a pool of sister papers who sometimes use the same images for stories... Theres a photo of mine in there that crops up every now and again on the Web. But I did OK it at the time lol
 
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Hi Ho Silver away !
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#17
thats not correct, you do not need any form of copyright notice, copyright is granted and enforceable on creation of the image by the person who created it unless other contractual obligations apply, not sure where your getting your info, but it’s wrong.
If I`m wrong then my mistake...ooops.
 
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Steven
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#19
Extract from the Liverpool Echo T&C's.

RIGHTS YOU ARE GIVING US IN CONTENT YOU UPLOAD
If you post or upload content to the Site, you grant us a perpetual, royalty free, irrevocable, non-exclusive right and licence to use, reproduce, publish, communicate to the public, translate, create derivative works from and distribute such content into any form, medium or technology now known or hereafter developed. In addition, you waive any and all moral rights in such content.
As expected.
But hey, you get to retain the (now useless) copyrights!
 
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Andrew
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#23
I think you'll find a government body will not want any bad publicity- particularly at this time of year when they are probably writing staff reports. They should be following the civil service code and stealing intellectual property is not allowed.

If you write to them they will reply (If not then get your MP to ask questions).
 

KIPAX

Waldorf
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KIPAX
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#26
i think the liverpool echo T&C as posted by j crossley kinda sums it up :(

Have to say.. am amazed that people are asking you how you know it's your photo.. I would hate to do any sort of photogrpahy that was so alike to others that i couldn't tell mine apart :)
 
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Julian Elliott
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#28
As someone who frequently has to put up with copyright infringement I would approach them.

These are some of the laws you need to be aware of when it comes to copyright infringement in the UK:

Copyright, Designs and Patents Act 1988
https://www.legislation.gov.uk/ukpga/1988/48/section/16
Section 16 (1) D
Section 16 2
https://www.legislation.gov.uk/ukpga/1988/48/section/17
Section 17 2

Be aware too that if someone takes your work and posts it on their social media page and then are advertising the services of the company they work for by adding in their work contact details etc it is probable that you can go for vicarious liability.

Yes, I seem to spend more time chasing these days than actually being a photographer because people don't give a fig about our work.
 
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Hi Ho Silver away !
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#30
That’s utter rubbish, it was a commonly spouted myth 20 years ago, I’m shocked to see people still peddling it.
I now know it was my mistake, to which I have stated :)
 
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Jon
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#32
In common with most other media sites running competitions and "your shot" submissions, you have probably granted them rights to do pretty much anything they want with your image, including selling it to third parties without even having to credit you. If it was through a Flickr group, there will be a click-through somewhere in the discussion pages in the group to their T&C's. I would be very surprised if you haven't granted them rights to your image.
I doubt many people realise that when they send their weather pics to the BBC they are giving away all rights except copyright to the image.
 
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Jeff
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#37
Personally I use pixsy.com to chase up copyright infringements for me . Good company and they have recovered in excess of 2 grand for me . Worth signing up and let them do the work for you ..
But a lot depends on whether your image has been used for financial gain rather than just used/shown .. if it’s the latter swallow hard and move on
 
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6,645
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Steven
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#38
Yes, they can do anything they want with the image(s) for their own use/purpose... but they cannot give it to someone else to use (in any form). It's the difference between "distribution/communication," and "licensing/sub-licensing."
 
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#39
Yes, they can do anything they want with the image(s) for their own use/purpose... but they cannot give it to someone else to use (in any form). It's the difference between "distribution/communication," and "licensing/sub-licensing."
It clearly states that they can do everything and anything with the image, and you waiver any rights to the image, that line alone is game over in terms of copyright recovery.

For example our licence states that our client can do what they want with the images we provide within their own business, however they cannot sell or give the images to anyone outside of their business.
 
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