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Unauthorised use of photographs
cheddar-caveman
Messages count : 2
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12 January 2012
A couple of years ago I allowed some of my wildlife pictures to be used as decoration in one of our company's site's restaurant. I submitted a couple of dozen of which they chose seven, and great they looked (if I may say so)!
Last year the Company re designed their website and advertising brochures and there, on the website were eleven of my pictures and three of them appear in their brochures.
I have never been approached or asked for permission to use these pictures and think I deserve to be paid for them as they are now on the web and being distributed in thousands of brochures. I asked about this and they offered me £250! I replied that I thought that was an insult but that I would accept £1200 for unlimited use of the pictures. I have heard nothing and wonder where I go from here? I am thinking of submitting an invoice for an amount computed from the "Freelance Fees Guide" and see what happens but do I have a legal footing?
All the pictures were taken in my own time.
Last year the Company re designed their website and advertising brochures and there, on the website were eleven of my pictures and three of them appear in their brochures.
I have never been approached or asked for permission to use these pictures and think I deserve to be paid for them as they are now on the web and being distributed in thousands of brochures. I asked about this and they offered me £250! I replied that I thought that was an insult but that I would accept £1200 for unlimited use of the pictures. I have heard nothing and wonder where I go from here? I am thinking of submitting an invoice for an amount computed from the "Freelance Fees Guide" and see what happens but do I have a legal footing?
All the pictures were taken in my own time.
- Contact in PM
cheddar-caveman
Messages count : 2Likes count : 0Registration : 12 January 2012Well, 76 readers and nobody can help?
I am about to submit an invoice for the full amount for six months usage based on the figures on London Freelance Organisation website. Be interesting to see what response that gets from the company! - Contact in PM
Kevinj
Messages count : 4Likes count : 0Registration : 29 January 2009picture copyright
Hi,
I'm not an expert but......
I think you should get some legal advice from an IP specialist.
If they haven't paid you anything for the pictures and they don't have written permission to use them, then there should be no problem. However, I think that they could argue that as you 'gave' them the images - as a gift they would be free to use them as they wished. I think the sum you are asking for is very reasonable given the costs they could incur for rebuilding their website and reprinting brochures should you place a copyright injunction on them. It is possible that you could use an interim injunction to prevent any use of the images while your agreement with them is sorted out, however in these situations, it's usually the legal profession that wins.
I have used the threat of an injunction / court action to prevent my work from being used in the past when payment has not been made. I didn't get paid and they didn't get to use my work.
I'd be interested to see how it turns out.
regards, Kevin[FONT="Tahoma"][/FONT] Regards, Kevin Jenkins MA Furniture design, Product design and 3D Cad - Contact in PM
Lupita
Messages count : 207Likes count : 6Registration : 2 November 2006