Newspapers Publishes My Pictures Without Permission

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graham goodwin

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Name
graham
Edit My Images
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A regional newspaper has published two of my pictures without permission

I'm inclined to send them a bill.

Anyone think I've got any chance of being paid?
 
Where did they get them from?
 
graham goodwin said:
I'm inclined to send them a bill.
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•


Very rightfully so!

Not only have you a great chance to be paid
but you may consider punitive charges after
consulting with your law counsellor.
 
I took them and they were published on my site.

They are two pics of a footballer taken at two different games.

What would be a reasonable price to charge the paper?
 
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what type of newspaper national or local?
Lifted from your site do you mean web site ? if so why is it not password protected?
 
I've had this and they claimed they were "in their archives" from unknown source.
Realistically where do you go from there, with a local paper which is barely viable to start with.
 
Regional newspaper so give them a phone, ask for the picture desk or picture editor and discuss with them............and be nice!
 
4wd said:
I've had this and they claimed they were "in their archives" from unknown source.
Realistically where do you go from there, with a local paper which is barely viable to start with.
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Talk to them (as said in post above be nice) and always bill them at least twice their normal rate - the papers know they are stealing
 
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admirable said:
Regional newspaper so give them a phone, ask for the picture desk or picture editor and discuss with them............and be nice!
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Don't get on your high horse just yet but follow admirable's advice.
 
Updates ?

I would have thought that this could be an opportunity for future assignments from them...Paid obviously !

They must like your pics or they wouldn't have used them in the first place.
 
4wd said:
I've had this and they claimed they were "in their archives" from unknown source.
Realistically where do you go from there, with a local paper which is barely viable to start with.
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Straight to court. They are a business. How would it be if they didn't pay their ink supplier? It isn't the photographers fault that the business is un-viable but if we all took that approach our businesses would become unviable in very short order.

I had a situation a while back were a Motorsport Club obtained one of my photos and used it without my permission, (they were given it by a third party who did have permission to use it). When I approached them they said all the usual things about not knowing where they got it, not having any record of the image being one of mine and then trotted out that old "We used it in good faith" chestnut. I demolished each argument with a response of if you had bothered to look at the IPTC data or google the image you would have known.

I am the first photographer in at least 10 years to be paid by this club for an image. When they said that I just responded that it just shows the contempt with which they treat the media then doesn't it.
 
The Image Team said:
they said all the usual things about not knowing where they got it, not having any record of the image being one of mine and then trotted out that old "We used it in good faith" chestnut.
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yep always the same

The Image Team said:
I demolished each argument with a response of if you had bothered to look at the IPTC data or google the image you would have known..
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My response always is...... it's still my picture and I still want paying ..

One newspaper actually said.. they cant be expected to check the iptc of every picture they use.. haha.. seriously.. one of the manchester evening news titles..
 
KIPAX said:
yep always the same
One newspaper actually said.. they cant be expected to check the iptc of every picture they use.. haha.. seriously.. one of the manchester evening news titles..
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But it is so much work to check it IPTC data of each image you get by doing a Google search... it's just much easier to use an image and hope it gets used and no-one notices.
Unfortunately I can see this just getting more and more usual ... more and more people post pics online, and they can end in the weirdest of countries at times.
And until we have a fool proof way of tracking images we post online - papers/websites will continue to do this (and most likely save money !!)

Don't take this as me condoning the way newspapers act - but sometimes the way things are, isn't the way they should be.

Naturally MOST newspapers/websites/clubs will pay in the end, once they are notified... but there are still more images that go unreported, than get chased :-(
 
They have a responsibility to know where they are getting their sources. I bet if they were up in court and a subpoena issued they would find the source pretty damn quick. I think i would be inclined to respond with I am billing you a reasonable amount "in good faith".
 
I had a similar problem before when someone was using my images on Ebay. I messaged the seller but they just ignored my messages and contacted Ebay support. After many messages backwards and forwards to Ebay and after proving the images were mine, the images were eventually taken off. Never got a payment nor an apology though.
 
I guess it would in some part depend on the value of the image. Being used for ebay selling the value would not exceed the value of the item, but for news papers with circulation and advertising revenue...
 
jamesev said:
I guess it would in some part depend on the value of the image. Being used for ebay selling the value would not exceed the value of the item, but for news papers with circulation and advertising revenue...
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Ironically you've just reversed how a value would be rated. An image being sold for commercial reasons on Ebay would be valued far higher than one printed in a newspaper.
 
This has happened to me. At least ask for credit and promote your photography.
 
DemiLion said:
Never, ever, settle for 'credit' for an infringement. Byelines don't pay the bills.
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eeerm isnt this impossible anyway? how do you get a byline after its been published ?
 
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