What are copyright rules ?

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Fez Parker

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Nov 20, 2009
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Do you think the following qualifies for copyright infringement?

I completed a job photographing a restaurant ( food,venue,staff and entertainer) I handed the media containing the Images both 72 and 300 dpi, along with an invoice for the total charges.

The Owner, via Email refused to pay claiming that the images "are not good enough."

The (my) photographs are being used on the restaurant web site, they were printed in a newspaper advertisement and they are on display in the window of the restaurant and on an 'A Board' on the street outside.

I hope that you can find time to give me a quick opinion. or any similar problems you may have encountered.

Fez.
 
Dear Fez,

The legal doctrine here is 'partial performance'. If someone shows by their actions that they have accepted a bargain, they will find it very hard indeed to resile the contract. You're onto a winner with Small Claims, I'd suspect.

Besides, was he a foreigner? Cornish courts tend not to favour incomers...

Cheers,

R. (LL.B.)
 
Unless the contract with the client specified transfer of copyright you still own the copyright. A) get an attorney B) notify the newspaper that the advertiser doesn't own the copyright and C) notify the sign company. You might also go after the sign company and the owner of the building. Check to see if all relevant sign permits were pulled at city hall.

Save that email AND take photos showing that he did indeed use your "not good enough" images.

By Cornwall I'll assume that you're in Great Britain and the laws are probably different there, but there are still international copyright standards.

Make a big stink, tell anyone, and everyone what they did.

You might also consider offering to take the "money" in meals at the restaurant, but try for a 50% or more bonus in your favor.
 
Al Kaplan said:
Unless the contract with the client specified transfer of copyright you still own the copyright. A) get an attorney B) notify the newspaper that the advertiser doesn't own the copyright and C) notify the sign company. You might also go after the sign company and the owner of the building. Check to see if all relevant sign permits were pulled at city hall.

Save that email AND take photos showing that he did indeed use your "not good enough" images.

By Cornwall I'll assume that you're in Great Britain and the laws are probably different there, but there are still international copyright standards.

Make a big stink, tell anyone, and everyone what they did.

You might also consider offering to take the "money" in meals at the restaurant, but try for a 50% or more bonus in your favor.
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Dear Al,

Excellent points.

Without payment, he has not fulfilled his side of the contract, so even if the contract did provide for transfer of copyright, it has not been transferred in the absence of valuable consideration.

'Sign permits' are not familiar to me in English law (which applies in Cornwall), and I'd recomend not engaging a solicitor (sort of attorney) until you've tried the other routes, especially the newspaper and the sign company (assuming the latter wasn't just the restaurant owner). Warn the 'client' ever so politely that you're going to spread the sh1t around with a big trowel.

If that fails I have a friend with a criminal law practice in north Cornwall, who might take the case on, though I have not spoken to him (I was at school and at university with him). Again, don't come the heavy. Just say, "Obviously I do not want to have to consult my solicitor over this."

I wouldn't take the fee in food. Ever heard of a 'dip around', or spitting in the food?

Cheers,

R.
 
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Thank you both for your replies, All that I want is my fee, I believe that Photographers are being treated like the enemy. I may inform the owner that I could invoke recovery proceedings through County Court. One last chance so to speek.

Fez
 
Let the restaurant owner think that you'll be bringing potential long term restaurant customers over for that food. Create a situation where he'll WANT to impress them and get repeat business from them and their friends.
 
Fez Parker said:
Thank you both for your replies, All that I want is my fee, I believe that Photographers are being treated like the enemy. I may inform the owner that I could invoke recovery proceedings through County Court. One last chance so to speek.

Fez
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Dear Fez,

Or the Small Claims court. Again phrased in terms of "I am sure neither of us wants it to come to this."

Decent lawyers don't want it to either (they do exist, honest). They'll always tell you to try all other routes first.

Cheers,

R. (LL.B.)
 
Do you have ANYTHING in writing specifying your product and his money?

Make a copy of his web use of your photos also.
 
Honestly Roger,

I am not the kind of man to fall out with anyone. I believe it was Diane Arbus (?) who said "Click with your client before you click with the shutter" It is kind of a motto of mine and I work with that in mind. I intend to give them chance to settle.
 
Fez Parker said:
Honestly Roger,

I am not the kind of man to fall out with anyone. I believe it was Diane Arbus (?) who said "Click with your client before you click with the shutter" It is kind of a motto of mine and I work with that in mind. I intend to give them chance to settle.
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Dear Fez,

Indeed. Give 'em every chance.

But if they won't, don't let the buggers get away with it.

Cheers,

R.
 
Dear Venchka,

I have screen shots and have taken shots of the restaurant exterior showing my photographs. and I have his email refusing payment showing payment was part of the deal.
 
Tank you all Very Much for the conversation. I have to 'untape' my cameras (they're old and worn out - like me) to develop my films.

I wonder if my Nikon DSLRs will still being used by some one - light seal taped and abused - nearly 40 years later as my Olympus rangefinders are (with complete confidence of a good exposure)

All the Best Fez.

www.andyparkerphotography.co.uk
 
Roger Hicks said:
Dear Fred,

Are you sure?

I'm not saying you're wrong, just that I'd be interested in chapter and verse of the relevant statutes, as this is staggeringly inequitable.

Cheers,

R.
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I would tend to disagree as well. About the only time the original photographer involuntarily loses copyright to his or her work is 'work for hire' which is generally specified as such. Giving over a copy of the original files in no way changes the ownership of the copyright, unless there is a contract signed by the photographer that says so. IANAL, your mileage may vary, etc.
 
George9 said:
Copyright rules are in a turmoil at present, internationally.

Those members in the UK might be interested in signing this petition against proposed changes which would be catastrophic for photographers in the UK.

http://petitions.number10.gov.uk/copyrightreform/

(Expats are also eligible to sign).
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Dear George,

Very, very true, though not I think relevant in this particular case.

Cheers,

R.
 
Roger Hicks said:
Dear George,

Very, very true, though not I think relevant in this particular case.

Cheers,

R.
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Just for fun:

http://en.wikipedia.org/wiki/Anti-Counterfeiting_Trade_Agreement

http://voices.washingtonpost.com/fasterforward/2009/11/acta.html

Copyright is about to get a lot more interesting. Treaties - no laws passed by our (USA) government, will govern how copyrighted material is handled, and it's apparently so important that it is deemed 'secret' and 'vital to national security'. Huh? A copyright treaty?
 
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