National Newspaper used my photograph without permission

Discussion in 'Photography Beginners' Forum' started by JoeyBuddeyy, Jan 26, 2009.

  1. JoeyBuddeyy

    JoeyBuddeyy TPF Noob!

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    Hello all I have had a little problem, the sun newspaper has printed a photograph of mine WITHOUT even asking permission. There was an incident with a friend of mine and he made the headlines, I had a photograph of him on my personal profile on a social networking website (I had taken the photograph) the next thing I see MY photograph in there paper, it is my understanding because I own the image that I have full copyright, and because I didn't give them permission it means they stole the picture. I have checked the terms of service of the social networking and they are only licensed to host the image but I still own full copyright with it.

    Where should I go from here and do you think it would be worth taking legal action against the newspaper? I'm furious that they done this and I am living in fear that the person in the photograph thinks I done a deal with the newspaper. What do you guys think? Oh btw I'm in the UK, if you need any more info just ask.

    Here is the TOS from the social networking website:

    Proprietary Rights
    Bebo does not claim any ownership rights in any Materials that you submit, post, or display on or through the Bebo Service. After submitting, posting or displaying Materials on or through Bebo or the Bebo Service, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Bebo Service, you hereby grant to Bebo and its agents and assigns a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely in connection with the Bebo Service or the promotion thereof.

    Without this license, Bebo would be unable to provide the Bebo Service. For example, without the right to modify your Materials, Bebo would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Bebo could not allow users and Members to listen to music posted by Members. The license you grant to Bebo is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Bebo), fully-paid and royalty-free (meaning that Bebo is not required to pay you for the use on the Bebo Service of the Materials that you post), sub licensable (so that Bebo is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the Bebo Service), and worldwide (because the Internet and the Bebo Service are global in reach). This license will terminate at the time you remove your Materials from the Bebo Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the Bebo Service, Bebo reserves the right to remove all of your Materials from other Member's pages. The license does not grant Bebo the right to sell your Materials You represent and warrant that: (i) you own the Materials posted by you on or through the Bebo Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Bebo Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Bebo Service. The hosting of certain items that you post, such as video, may require your agreement to a separate license agreement or terms of use.

    Bebo, Inc. and its affiliates and licensors own and retain all rights in the Bebo Web site and Bebo Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Bebo Service by Bebo. Except as expressly authorized by Bebo, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Bebo's proprietary information. Bebo, Inc. is the owner of the 'Bebo' and 'Bebo.com' marks, among others.
    [​IMG]
     
  2. Mgw189

    Mgw189 TPF Noob!

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    Did they site the source of the image as Bebo? If so I would say you are screwed
     
  3. Sarah23

    Sarah23 TPF Noob!

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    Well, at this point the first step would be to contact the paper. See what they say. If its worth it to you, time and money-wise, if they dont apologize or fix it I guess you could get a lawyer but I dont know if it would go very far...
     
  4. RacePhoto

    RacePhoto TPF Noob!

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    Do you have a registered copyright for your photo? Do they have some sort of agreement with Bebo to use their photos? Easy way to start is write the newspaper and ask them to pay for the use at their standard rate for a photo this size. Don't go crazy, if it's 10 pounds, that's a good normal price, unless it was half a page. There might be other circumstances to how the obtained the photo. No they can't use your photo without getting permission.
     
  5. JoeyBuddeyy

    JoeyBuddeyy TPF Noob!

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    Hey folks thanks for the speedy replies, I had a read at the article and they didn't mention that they got the image from bebo anywhere, yeah I have been advised by a friend of mine to contact them first but to be honest I'm really mad at them for doing this to me and I think I need to set an example so they will think before stealing a photographers work. I'll check in with my solicitor tomorrow and see what they say. What do you guys think about all this?
     
  6. TheUndisputed

    TheUndisputed TPF Noob!

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    Are we going on technicalities here? Because technically, unless your buddy signed a model release to you, the rights to the photograph actually belong to your buddy.
     
  7. JoeyBuddeyy

    JoeyBuddeyy TPF Noob!

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    Hi there RacePhoto, I do not have a registered copyright for my image but I have been doing some research that would suggest I don't need it, (i'm not expert tho) From what I understand they don't have any sort of agreement with Bebo but I would need to look into that.

    There is a small 3x3" photo in the front page and the same image about 1/3 of a page inside. I just wish they would have the decency to ask for the image, there were on my profile it would only have taken a second to send me a message, and I would have never given them permission to use it.

    Thanks for all the comments guys, its wrecking my head at the moment.
     
  8. Sarah23

    Sarah23 TPF Noob!

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    I do not believe that is completely true. If you took the photo, model release or not, the photo is YOUR property. I have clients who do not sign model releases, so I do not use them online. That does not mean that they have full rights to their photos. Only I do.

    Now...with that said...I don't think I would worry too much about this. If your buddy or someone told them that there was a photo of here at www.xxxx.xxx then they probably didn't think about it. I doubt you will "set an example" by doing anything to them. They are the press.
     
  9. Mgw189

    Mgw189 TPF Noob!

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    Even that is not set in stone. Depending on the original intent of the photo no model release may have been needed. When it comes to this kinda crap its best to let the lawyers sort it all out. My guess however is that its probably not really worth the fuss.
     
  10. JoeyBuddeyy

    JoeyBuddeyy TPF Noob!

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    Hey TheUndisputed thanks for your input, well the image was taken in a public place, would he still own the rights?
     
  11. TheUndisputed

    TheUndisputed TPF Noob!

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    I was looking through your portfolio. How did you get that effect with that one girl where the background is extremely high exposure, almost white, and her color is still crisp? That's amazing.
     
  12. Sarah23

    Sarah23 TPF Noob!

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    The background was already pretty bright, and since she was wearing dark colors and her skin was dark, I over exposed a bit. I then brightened it a bit in PS, and then erased her back in via vector mask.
     

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