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Work in magazine/book without permission

  • 21-07-2016 1:09am
    #1
    Lau2976
    Registered Users, Registered Users 2 Posts: 1,030 ✭✭✭


    I recently found out that work of mine has been published in a magazine and subsequently the annual of that magazine. My permission was not obtained and I am not credited in either.

    On contacting the publisher myself I was met with an email basically saying it's printed tough luck and that because the work had appeared in a seperate book, not printed by the same publisher, it could be used as it wasn't financially harmful to me. As per my contract I retain rights to all of my own work.

    What would be my stance, if any, here.

    I'm not looking for legal advice but don't want to engage a solicitor if nothing can be done.


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Lau2976 wrote: »
    I'm not looking for legal advice but don't want to engage a solicitor if nothing can be done.

    Something can probably be done, but it will very much depend. You need legal advice; if you shop around you may find an initial consultation at a reasonable fee.


  • #3
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Does your own publisher not have something to say about it? Normally they are the ones who pursue plagiarism.

    If not, perhaps because you have retained all rights and they have no financial interest, then yes, a solicitor is the way to go.

    I would add to the above post that only a handful of solicitors are competent to deal with IP rights. Use a small/medium firm who expressly advertise expertise in the area.


  • #4
    Lau2976
    Registered Users, Registered Users 2 Posts: 1,030 ✭✭✭Lau2976


    Thanks for the replies :)

    It was the publisher who notified me hullaballoo, they contacted me asking if I had given permission for the work to be used.

    I think I'm going to engage a solicitor with IP knowledge instead of paying a consultant who won't be of any use in this area. I really just want to get this done with already but I feel like it will be a fight.


  • #5
    miezekatze
    Registered Users, Registered Users 2 Posts: 1,341 ✭✭✭miezekatze


    This kind of thing seems to happen a lot lately, must be so frustrating for an artist! I would agree with the other poster to engage a solicitor, friends of mine had some success with this in the past and ended up getting paid in the end. Didn't go to court.


  • #6
    _Tombstone_
    Closed Accounts Posts: 3,006 ✭✭✭_Tombstone_


    What sort of work is it?


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  • #7
    Lau2976
    Registered Users, Registered Users 2 Posts: 1,030 ✭✭✭Lau2976


    _Tombstone_ wrote: »
    What sort of work is it?

    It's an illustration _tombstone_. I have an appointment next week with a solicitor and have been discussing with the original publisher. I really hope this helps.

    It is very frustrating having people devalue your work, it isn't even about the money at this point, for a lot of that type of work it's more about the exposure than the pay off.


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