/ Unauthorised use in a book
Am I right in thinking there is no need to register copyright in order for it to apply? The other guy suggested it needed to be registered - her's from the US where things might be different.
Thanks in advance...
> Am I right in thinking there is no need to register copyright in order for it to apply?
You are right, although whether it makes much difference in the long run is doubtful. Essentially what you need to do is write to the publishers. They should then apologise and offer to credit you properly when the book is reprinted. They may offer you some money, but I wouldn't hold my breath - if they do, it won't be very much.
However, even if you don't get anything more than an apology, do make the complaint to the publisher. Nicking stuff like this is not acceptable, but as long as people - authors and publishers - get away with it, they will. It's only by raising the issue that people might think twice about doing it.
You could also, if you so wished, expressly forbid them from using any of your work in any future publications. That puts them in slightly deeper shit should they be so stupid as to do it again.
How much depends on the size of the image, where its used in the book and the print run. If you already sell and licence images then you can use your standard pricing structure, and generally double it. If you aren't credited, this is often charged as double anyway, so double that again.
Here is some decent reading on the subject: http://www.epuk.org/Resources/207/standard-response-to-copyright-grabs
You own the copyright, regardless of registration.
Definitely contact the publisher. If they don't offer to pay you, you may be able to find a lawyer in the US that will take the case on contingency. The bigger the publisher and the more widely distributed the book is, the better your chances are for getting an attorney to take the case.
Save any correspondence you have had with the "other guy" especially anything where he is acknowledging stealing your photo.
What state is the publisher located in?
You do not need to register images here or in America to take someone for infringement. You can claim / be awarded more if they are but you definitely don't need to register images.
A couple of useful websites to deal with these types of issues.
http://www.justice.gov.uk/courts/rcj-rolls-building/patents-county-court - Good for dealing with UK infringements.
Either of these will say if you have a chance of retrieving costs from the case if the publisher is reluctant to compensate you correctly.
>...don't wait for an offer of payment. Come ft them with an invoice.
That's a really good suggestion, it'll 1. shake them up a bit, 2. put them on warning and maybe make them less likely to do it next time, and 3. maybe even get money out of them.
To the OP, good luck.
Definitely go after them, good info here
A lot of publishers, newspapers etc are using stuff knowing full well that they should be paying for it, but are hoping that the owner won't find out and if they do they only pay them what they would have paid anyway. They can't lose.
Invoice them, don't let them get away with. It is a pain in the arse to pursue but they are hoping you can't be bothered.
Can you name the publisher please?
Thanks all, looks like I've got plenty of reading to do!
To be clear "the other guy" I referred to is someone else whose photo was also stolen in the same book, not to the publishers.
Can you prove you took the photo before they published it ?
This is the book in question...
At a very, very cursory glance, I think you are on a very strong wicket here. Go for it.
Take them to the Cleaners!
I charge triple rates for unauthorised usages, based on the NUJ Freelance Rates.
They've got no right using your images without permission or payment, so go forth and clear them out.
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