Image used without permission

DanielB

DanielB

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187
Name
Dan
Edit My Images
No
Not an uncommon thread by the looks of things, but here's my tale.

I'll begin by saying that I'm only an amateur photographer and do this for a hobby.

Anyway, in late summer 2015, a big news story was garnering lots of coverage on TV. Whilst watching the ITV Anglia news story, I was shocked to see one of my photographs used to illustrate the piece, credited to a news agency.

Looking into it further, I then found the same image used in several articles on the ITV news website, again credited to the same agency, and a second TV news report using it.

I contacted ITV at the time, who blamed said agency and promised to remove it from their site and not use it again. In fairness, the image did disappear from the website articles, but remained in the news clips.

I asked them for a contact at the agency, and all they could give me was an email address. Despite a couple of emails, I never heard anything from them.

Recently, the story was back in the news, and having caught it on Anglia TV, my photo was once again being used on ITV, this time with no credit.

I've not contacted them again as yet. Should I, and if so, how should I go about it?
 
a LOT depends on where they got it from.. if you uploaded it to a photo sharing site that allows others to use or entered it into a comp that has dodgy rights grab terms..
 
Thanks for the help so far.

They nicked it off an Internet forum/Google images. The only place it was hosted was on my Flickr (where I have disabled downloading), and it had been linked from there on to two forums.

How much would you invoice them for such use then? It's been on at least three local TV news clips in this region since 2015.
 
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What's the name of the news agency involved? Have you managed to find a telephone number or proper address for them? They can ignore emails until the cows come home but it's not so easy to ignore direct contact.
 
DanielB said:
Thanks for the help so far.

They nicked it off an Internet forum/Google images. The only place it was hosted was on my Flickr (where I have disabled downloading), and it had been linked from there on to two forums.

How much would you invoice them for such use then? It's been on at least three local TV news clips in this region since 2015.
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Lets get your ducks in a row.
Firstly - whether you have downloading enabled is irrelevant, what sort of rights do you have attributed to the image in Flickr? (crucially important)

Now depending on the above; if there has been a breach of your copyright -
1. screenshot everything
2. invoice the end user - it doesn't matter where they got it from - they're responsible legally - don't mix up stock fees with news image fees, they owe you real money
3. do an image search to see if anyone else is using it (if so rinse and repeat the above)
4. contact the agency - charge them for any use they've had
5. court action for any non-payment
5. buy something shiny with the proceeds
 
Phil V said:
1. screenshot everything
2. invoice the end user - it doesn't matter where they got it from - they're responsible legally - don't mix up stock fees with news image fees, they owe you real money
3. do an image search to see if anyone else is using it (if so rinse and repeat the above)
4. contact the agency - charge them for any use they've had
5. court action for any non-payment
5. buy something shiny with the proceeds
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a very simplistic list.. I will be impressed if you get passed #2 I will show my bare backside in burtons window if you get to #5
 
KIPAX said:
a very simplistic list.. I will be impressed if you get passed #2 I will show my bare backside in burtons window if you get to #5
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I never said it would be easy, but why do you think the OP can't possibly send an invoice?
 
Phil V said:
I never said it would be easy, but why do you think the OP can't possibly send an invoice?
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I don't think that.. have you perhaps missread my post ? :)

I said I would be impressed if they got passed two.. ..to not send an invoice I would have said got to #2 ..

The list is sound in theory.. but in the real world ??
 
KIPAX said:
I don't think that.. have you perhaps missread my post ? :)

I said I would be impressed if they got passed two.. ..to not send an invoice I would have said got to #2 ..

The list is sound in theory.. but in the real world ??
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Alternatives?
Any help or guidance?
 
Most Journalists are scum and will steal anything for a story.

Bill them, then sue them.

The process is designed for you just to give up, thereby they win and maximise profit
 
Sorry to hear your story.

Can anyone confirm the highest copyright on flickr. So no one can use the image without permission?
I assume this is the All rights reserved setting - just checking.
 
Phil V said:
Alternatives?
Any help or guidance?
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no why? i already said your list is sound.. why would we need an alternative one ?
 
KIPAX said:
no why? i already said your list is sound.. why would we need an alternative one ?
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Because if Phil's plan was to fail as you suggest then the OP would need a 'Plan B' and you're just the right man for the job.

Personally I hope the OP makes it to #5 on Phil's plan because the very thought of you mooning at the staff through Burton's shop window intrigues me.
 
Stuart M said:
Because if Phil's plan was to fail as you suggest then the OP would need a 'Plan B' and you're just the right man for the job.
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for the third time.. nothng wrong with phils list .its a sound list.. if you could maybe copy and paste that rather than me having to repeat it?
 
Phil V said:
what sort of rights do you have attributed to the image in Flickr? (crucially important)
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Everything on my Flickr is uploaded "all rights reserved", which Flickr/Yahoo define as:
You, the copyright holder, reserve all rights provided by copyright law, such as the right to make copies, distribute your work, perform your work, license, or otherwise exploit your work; no rights are waived under this license.
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Can I ask what agency they advise it came from?
 
Never been able to get on their website - it always either loads up as a blank page or a GoDaddy holding/404 page.
 
Have you tried ringing them (01449-740990)?

Their office address here also, so this is where I'd send the invoice if you need to as this is where they physically work;

BRANFORD HOUSE
MONKS ELEIGH
SUFFOLK
IP7 7AU

http://www.napa.org.uk/directory.aspx

The link from Gramps' post is their company's registered address, its probably just a PO Box or empty office so I wouldn't expect a reply from that one. But I do wonder why they registered themselves in Essex? Probably part of a bigger agency but they are legit, and part of the NAPA.

They have supplied lots of big companies and seem to also have a pretty good licenced archive. I bet someone 'sold' them your image pertaining it to be theirs, or hosted it on a stock image site :(. Try a reverse image search to identify where else the image has been hosted / used https://support.google.com/websearch/answer/1325808?hl=en

If you don't get any joy, speak to the NAPA above, they are the association they belong to and would certainly not condone this, but I think you'll be ok just contacting the agency.
 
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Thanks for all the advice.

I have tried a reverse image search but the only result is one of the two forums that it was displayed on, so doesn't look like anyone besides ITV Anglia used it.

Assuming I were to invoice them then, how much should I be asking for? It was on the website two or three times, although ITV did remove it fairly quickly after I contacted them. It was in video reports too. I have screenshots of it in the videos, and on the website, plus my email conversation with the ITV editor.

There's currently one clip still online featuring it, I'm not sure if the others are still there or not - the ITV news website is very clunky and difficult to follow.
 
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DanielB said:
Thanks for all the advice.

I have tried a reverse image search but the only result is one of the two forums that it was displayed on, so doesn't look like anyone besides ITV Anglia used it.

Assuming I were to invoice them then, how much should I be asking for? It was on the website two or three times, although ITV did remove it fairly quickly after I contacted them. It was in video reports too. I have screenshots of it in the videos, and on the website, plus my email conversation with the ITV editor.

There's currently one clip still online featuring it, I'm not sure if the others are still there or not - the ITV news website is very clunky and difficult to follow.
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Again I may be derided for this, but if you go to Gettys news image website, you can check a price for a news image for use across broadcast and web use.

Adjust the price according to whether you want to go aggressive for unauthorised use (I wouldn't recommend, as they presumably thought they'd used it legally), or you want to cut them some slack because they have removed when asked.
 
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