/ Unauthorised use in a book

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Simon Caldwell - on 20 Mar 2013
I've had one of my photos taken from a website and used without permission in a book - I found out when contacted by someone else who had the same thing done. I've found several source of information about what to do when photos are used on other websites, can anyone point me at something similar relating to printed material?

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...
tony on 20 Mar 2013
In reply to Toreador:
> I've had one of my photos taken from a website and used without permission in a book - I found out when contacted by someone else who had the same thing done. I've found several source of information about what to do when photos are used on other websites, can anyone point me at something similar relating to printed material?
>
> 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.
Snax - on 20 Mar 2013
In reply to Toreador: Where was the book published? Whilst you don't need to register your photos for copyright to apply, it is increasingly difficult to pursue infringers in the states when it hasn't been registered. However the copyright still belongs to you and you should receive payment.

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
Kai - on 20 Mar 2013
In reply to Toreador:

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.

Kai - on 20 Mar 2013
In reply to Toreador:

What state is the publisher located in?
Duncan_Andison - on 20 Mar 2013
In reply to Toreador:

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.

http://www.humphreys.co.uk/copyright.htm?gclid=COqD0L6VrrECFSgntAodkmcAIw

http://www.adlexsolicitors.co.uk/online-copyright-infringement.htm

Regards
What Goes Up - on 20 Mar 2013
In reply to Toreador: Absolutely contact them, but don't wait for an offer of payment. Come ft them with an invoice.
abseil on 21 Mar 2013
In reply to What Goes Up:
>...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.
Howard J - on 21 Mar 2013
In reply to Toreador: The US Copyright Office has some helpful information.

http://www.copyright.gov/

Alex Ekins - on 21 Mar 2013
In reply to abseil:

Definitely go after them, good info here

- http://www.epuk.org/Opinion/994/stolen-photographs-what-to-do?

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.
Alex Ekins - on 21 Mar 2013
In reply to Toreador:
Can you name the publisher please?
Richard Baynes - on 21 Mar 2013
In reply to Alex Ekins: A friend of mine found one of his caving pics on some T-shirts in Blackpool, and managed to get I think around 100 from the dodgy geezer selling them. It's got to be worth banging in an invoice.

R
muppetfilter - on 21 Mar 2013
In reply to Toreador: I was recently working with an ex Hells Angel Driller from Louisianna ... If you have the photo thiefs address I can ask nicely and see if we can't get some redneck biker violence dispensed :0)
Simon Caldwell - on 21 Mar 2013
In reply to Toreador:
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.
New POD - on 22 Mar 2013
In reply to Toreador:

Can you prove you took the photo before they published it ?
Simon Caldwell - on 22 Mar 2013
In reply to New POD:
Yes
Simon Caldwell - on 03 Apr 2013
Gordon Stainforth - on 03 Apr 2013
In reply to Toreador:

At a very, very cursory glance, I think you are on a very strong wicket here. Go for it.
What Goes Up - on 03 Apr 2013
In reply to Toreador: Nice little blog post there. FWIW I've given it a little nudge on facebook - I am very much in favour of all efforts made to curb this increasing practice of unauthorised and unremunerated use, dressed up in a half-arsed and lazy general disclaimer. Hope you get back from them what you deserve. Stick to your guns, see it through, and good luck!
masterspy - on 10 Apr 2013
In reply to Toreador: have a look at UK government Intellectual Property Office website. Www.ipo.gov.uk, it's a mine of useful info
Mike Hutton - on 07 May 2013
In reply to masterspy:


Take them to the Cleaners!
TryfAndy on 09 May 2013
In reply to Toreador:

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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