Copyright question

meelick

Hi all,
I recently sold an image (second ever, only a hobby), and it was agreed at the time that it was to be used for a single, one-off use, i.e billboard. Now it turns out that as well as appearing on billboards, it was also used as part of a type of advertising campaign in a national newspaper, appearing every day for a set number of days. While I'm quite pleased that it has appeared in a national newspaper, I'm just wondering what other peoples reaction would be. Should I have a quiet word with the organisation I 'sold' the image to, and (re-)explain that it was meant for single use? What rights do I have with regards to my image. I mean, if someone bought an image for one use, surely a re-negotiation should happen for different uses? Are fees for the use of images in national newspapers so low that I should just let it go?
Cheers,
Dave.

jen_23

Hi Meelick,

i'm not at all an expert in copyright law or anything but I found this

A single use means a reproduction in one size for one edition of a single publication, published in one language only, strictly limited to the use, period of time and territory stated in the licence, personal to You and not assignable by You to any third party

http://www.johnbirdsall.co.uk/toolbox_bottom.asp?target=tb_help&value=16

If i were you I would go back to the organisation and say if they want to reuse the image for things other than originally agreed that you need to renegotiate.

Good Luck!

Covey

I presume you have all that in writing.

If so go back and re-negotiate/charge for the extra unauthorised use.

AnCatDubh

All too common now i'm afraid. It may be an innocent mistake or misunderstanding of the terms of the original sale. Or that another part of the organisation is dealing with the subsequent use without being aware of the licence restriction. Its no excuse but plausible.

Assuming that you want to pursue the issue I'd suggest to make contact with whomever was dealing with the original purchase and explain to them that the purchase was limited to the single use on the billboard pointing out that part of your previous communication, and negotiate a reasonable settlement.

You could address it with litigation but the other option may sort it out amicably.

Cheers.

mikeanywhere

Covey wrote: »

I presume you have all that in writing.

This will determine if you can go back and tell them what naughty people they are for going ahead without talking to you first!!

Tactical

If you have the original agreement in writing the go back and renegotiate.

If not, make contact and see how it goes.

Keep everything amicable.

Well done on getting the shot in question used.

meelick

Thanks all for your advice. There isn't anything in writing, but I did have a very pleasant conversation with the organisation, and were simply unaware of the common procedures with regards to allowed usage of photos. They are intererested in hearing back from be with regards to future use of the image, they like it that much! Now I have to research the various options.. They may actually want an unlimited use agreement...
All very positive, really.
Regards,
Dave.

CabanSail

Well done. Sounds like you will do well out of it.

Just remember the old quote (I think it was Sam Goldwyn)

"A Verbal Contract isn't worth the paper it's written on"

Next time get a written contract.

Tactical

Excellent stuff.

Hope it works out well in the future and your image gets lots of use and hopefully you'll get lots more work as a result.

Next time a written agreement is essential to avoid confusion.