Discussion
Lynchie999 said:
Did clarkson get it from said website ?
i'd say yes.. the website have broken the contract by "letting" clarkson use it...
I can only imagine he got it from there in hi res. (They have it for print also). It's in very low res on my website. I've asked them (no response so far)i'd say yes.. the website have broken the contract by "letting" clarkson use it...
GetCarter said:
I gave permission for a website to use my photo... and it ends up here.
Should I be recompensed?
Exactly what permissions did you give to the website owner/publisher? What rights did you grant for the use and reproduction of the image?Should I be recompensed?
I suspect much will depend upon how JC & Co. came to use the image - did they ask the website's permission, or just show the site/image on a screen on the programme?
You may be looking at a long and tiresome process of trying to get recompense from the site owner, though this could be easier if they are a significant size organisation.
jeremyc said:
GetCarter said:
I gave permission for a website to use my photo... and it ends up here.
Should I be recompensed?
Exactly what permissions did you give to the website owner/publisher? What rights did you grant for the use and reproduction of the image?Should I be recompensed?
I suspect much will depend upon how JC & Co. came to use the image - did they ask the website's permission, or just show the site/image on a screen on the programme?
You may be looking at a long and tiresome process of trying to get recompense from the site owner, though this could be easier if they are a significant size organisation.
And FYI - they just asked for the image to promote their website/the route... no other details - no long contracts. It's >>>
http://www.northcoast500.com
Edited by GetCarter on Friday 27th January 17:42
Copyright infringement is a huge issue but at the end of the day I guess it depends what you want to get out of it - recognition, money or a head on a plate. It also depends how much effort and energy you are prepared to invest in it. You might simply try sending an invoice for a suitable fee to the programme producer advising them of their infringement or take a more personal approach asking for some freebies/privileges in exchange for the licence to use your picture (such as an invitation to shoot Clarkson (photographically)). Or take it to the lawyers and see what they make of it. Do you have any sort of insurance or society membership to support you. Great photo btw
If you want to allow someone else to have limited use of your material, such as an image, you must be explicitly as to what they can do with it at the time of letting them have use of it.
In essence, though, the internet makes copyright all but nonexistent. You need money to pursue it and compensation can be limited.
If you contacted Clarkson's company and pointed out that they've used copyrighted material they will probably ensure they never use it again. If you tell them that you are not after compensation as you are a big fan, etc, but that they should point it out to whoever obtained the image that they should exercise more are, and best of luck with the new set-up . . . etc, you could well get an invite to the making of the prog.
But the best thing to do when you, or someone else, publishes any of your images online is to wave goodbye to your rights.
I would assume, though, that whoever sourced the image would have asked the website for permission. They might even have paid for the use.
I phoned one company to ask if I could use a couple of their online images, with suitable acknowledgement as to source, in a book. They not only agreed but sent hires images through. They told me that over 40 other websites had used their images without asking.
In essence, though, the internet makes copyright all but nonexistent. You need money to pursue it and compensation can be limited.
If you contacted Clarkson's company and pointed out that they've used copyrighted material they will probably ensure they never use it again. If you tell them that you are not after compensation as you are a big fan, etc, but that they should point it out to whoever obtained the image that they should exercise more are, and best of luck with the new set-up . . . etc, you could well get an invite to the making of the prog.
But the best thing to do when you, or someone else, publishes any of your images online is to wave goodbye to your rights.
I would assume, though, that whoever sourced the image would have asked the website for permission. They might even have paid for the use.
I phoned one company to ask if I could use a couple of their online images, with suitable acknowledgement as to source, in a book. They not only agreed but sent hires images through. They told me that over 40 other websites had used their images without asking.
GetCarter said:
Derek Smith said:
the internet makes copyright all but nonexistent.
Thanks for the input, but I have to disagree with this.I own copyright to my music and my photos unless I sign it away - which I never do. Internet or not.
I had an article copied by 40 or so other websites within a month of publishing online. I retained second serial rights. So where do I go from there?
If you sell an image to a website for them to publish as a hires image, and its a good one, it'll be copied. That's life.
The internet provides and the internet takes away.
I would imagine as they were talking about the North Coast 500, they just went to them and asked for a pic to flash up on the screen to demonstrate the great roads.
The Grand Tour are hardly benefiting from the photo, however I'm sure NC500 will get some more visitors/drivers which is why you let them use it for free in the first place I imagine?
The Grand Tour are hardly benefiting from the photo, however I'm sure NC500 will get some more visitors/drivers which is why you let them use it for free in the first place I imagine?
Steve, I'd say you're falling between two stools here. You're producing images which are far better than your average enthusiast but not seeking to make money from them. Amateurs reaching your level in the past might try a bit of freelancing or even attempt to do it as a living. Once you make that decision, you take the whole usage rights thing very seriously and make sure your clients do too.
We now have amateurs submitting their photos to websites, TV and publishers just so they can say they were used and not expecting any compensation. Broadcasters are getting used to not paying (or not paying the going rate) so this trend will continue. I'm getting a bit sick of crappy sunrise/sunset photos accompanying weather forecasts, Winter/Spring/Summer/Autumnwatch or whatever, but it's not going to change. It's free content to help them fill their allocated time. They lap it up.
Someone in the GT office should have asked the question "who owns the copyright and what are the usage rights?" when they decided they might want to use your photo on screen. Jeremy isn't bothered. Wilman is too busy doing other things. Even the assistant producers will have more pressing things to deal with, so those thoughts are overlooked or passed down to someone with little or no experience in these matters.
Possibly one intern, on job experience at Amazon after completing their media studies degree, spoke to another intern at NC500 and between the two of them they made a decision which didn't include you. It's wrong, but there you are.
I'd say you maybe need to think about choosing one of those two stools in the future, but if you want to be covered, just put together a brief contract defining usage rights and get that agreed up front before supplying images and then everyone knows where they stand.
We now have amateurs submitting their photos to websites, TV and publishers just so they can say they were used and not expecting any compensation. Broadcasters are getting used to not paying (or not paying the going rate) so this trend will continue. I'm getting a bit sick of crappy sunrise/sunset photos accompanying weather forecasts, Winter/Spring/Summer/Autumnwatch or whatever, but it's not going to change. It's free content to help them fill their allocated time. They lap it up.
Someone in the GT office should have asked the question "who owns the copyright and what are the usage rights?" when they decided they might want to use your photo on screen. Jeremy isn't bothered. Wilman is too busy doing other things. Even the assistant producers will have more pressing things to deal with, so those thoughts are overlooked or passed down to someone with little or no experience in these matters.
Possibly one intern, on job experience at Amazon after completing their media studies degree, spoke to another intern at NC500 and between the two of them they made a decision which didn't include you. It's wrong, but there you are.
I'd say you maybe need to think about choosing one of those two stools in the future, but if you want to be covered, just put together a brief contract defining usage rights and get that agreed up front before supplying images and then everyone knows where they stand.
jeremyc said:
GetCarter said:
I gave permission for a website to use my photo... and it ends up here.
Should I be recompensed?
Exactly what permissions did you give to the website owner/publisher? What rights did you grant for the use and reproduction of the image?Should I be recompensed?
I suspect much will depend upon how JC & Co. came to use the image - did they ask the website's permission, or just show the site/image on a screen on the programme?
You may be looking at a long and tiresome process of trying to get recompense from the site owner, though this could be easier if they are a significant size organisation.
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