Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Irish Copyright Office for photos

  • 24-03-2021 1:43pm
    #1
    Closed Accounts Posts: 82 ✭✭


    https://www.amazon.co.uk/gp/product/1581154364/ref=dbs_a_def_rwt_bibl_vppi_i1


    This book, which covers American law, says that in order to sue for infrigement of copyright of a photo you have to register the photo with the Copyright Office.


    You own the copyright of your own photos, so long as they were not taken for an employer, even if you don't register them. But in order to sue for uauthorised use you need to register them.


    Is that true of Ireland? Is there somewhere to register photos in Ireland , an Irish Copyright Office.


    I have not had a photo stolen and am not asking for advice. I am curious. I have not heard of that before.

    Edit I see there isn't Irish Copyright Office https://www.icla.ie/more-information-on-copyright/ .That link also says Depending on the circumstances, it may be difficult for an author to prove that he or she had created a work at a specific point in time. Proof of this fact might be needed in an action for infringement. An author can create such proof by sending a copy of the work to himself or herself by registered post, keeping the post office receipt and leaving the envelope unopened.

    The book I linked says thinking "sending a copy of the work to himself" protects you is a mistaken belief and a myth. Maybe it is different in the USA where there is a Copyright Office


Comments

  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Copyright is actually a property right, once a photograph is taken it becomes "artistic work" and the property of the photographer.

    Copyright is also an automatic right which contrary to what some believe does not require any registrations or the use of the © symbol in order for it to apply or be protected.


  • Closed Accounts Posts: 82 ✭✭rhc2s4lj5p0xu9


    GM228 wrote: »
    Copyright is actually a property right, once a photograph is taken it becomes "artistic work" and the property of the photographer.

    Copyright is also an automatic right which contrary to what some believe does not require any registrations or the use of the © symbol in order for it to apply or be protected.
    In america it requires the registration to sue for infringement.


  • Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    GM228 wrote: »
    In Ireland, copyright is actually a property right, once a photograph is taken it becomes "artistic work" and the property of the photographer.

    Copyright is also an automatic right which contrary to what some believe does not require any registrations or the use of the © symbol in order for it to apply or be protected.

    Fixed that for you.

    Every country is different.


  • Registered Users, Registered Users 2 Posts: 2 Teabag2021


    Hi, could anyone answer this for me? I used Photo that another person took on the cover of a book I produced with profits going local clubs and organizations . He contacted me on Facebook messenger saying the photo was his and I had no permission to use it. I apologized to him and asked could I buy the photo from him and told him I would credit him on the books Facebook page. He replied saying. “It’s ok, just credit me for it and if you use it again in any future publication credit me for it also. Fast forward a few weeks and he sends me a digital license looking for €450 for the photo. I didn’t pay this as I believed we had an agreement. He then threatened me with court so I said I would pay him if he signed a waiver saying this would bring the matter to a close and that there would be no further liability on my behalf. He wouldn’t agree to sign anything and still demanded I pay. That was back at the start of February.

    This week I received a letter from his solicitor looking for the payment plus an additional €500 for his solicitors fees. I don’t know what I should do.


  • Closed Accounts Posts: 82 ✭✭rhc2s4lj5p0xu9


    Teabag2021 wrote: »
    Hi, could anyone answer this for me? I used Photo that another person took on the cover of a book I produced with profits going local clubs and organizations . He contacted me on Facebook messenger saying the photo was his and I had no permission to use it. I apologized to him and asked could I buy the photo from him and told him I would credit him on the books Facebook page. He replied saying. “It’s ok, just credit me for it and if you use it again in any future publication credit me for it also. Fast forward a few weeks and he sends me a digital license looking for €450 for the photo. I didn’t pay this as I believed we had an agreement. He then threatened me with court so I said I would pay him if he signed a waiver saying this would bring the matter to a close and that there would be no further liability on my behalf. He wouldn’t agree to sign anything and still demanded I pay. That was back at the start of February.

    This week I received a letter from his solicitor looking for the payment plus an additional €500 for his solicitors fees. I don’t know what I should do.
    Can't advise but you should not have used his picture without his permission. The book I linked is very good re licences but seems mainly USA market.


    Does his first name begin with A? Don't put his full name here

    He replied saying. “It’s ok, just credit me for it and if you use it again in any future publication credit me for it also
    that sounds like an agreement but i don't know and this is not legal advice.


    Keep us updated it is an interesting scenario


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 4,081 ✭✭✭sheesh


    As someone else has said
    in the EU copyright for a photograph lies with the creator or their employer (there are exceptions) so you could be screwed.. but according to you he said it was ok and to just give him credit, in court that might be wiggle room but you probably do not want to go to court.
    First thing I would do is reply back to the solicitor and say that you have permission and show the text of your previous interaction. you have been allowed to use that image for credit to the photographer. No backsies!

    there are companies in the US where you register your photographs and they search the internet for those images and when they find them charge the person
    I am wondering is that is the case here.


  • Registered Users, Registered Users 2 Posts: 4,081 ✭✭✭sheesh


    https://www.amazon.co.uk/gp/product/1581154364/ref=dbs_a_def_rwt_bibl_vppi_i1




    I have not had a photo stolen and am not asking for advice. I am curious. I have not heard of that before.

    Edit I see there isn't Irish Copyright Office https://www.icla.ie/more-information-on-copyright/ .That link also says Depending on the circumstances, it may be difficult for an author to prove that he or she had created a work at a specific point in time. Proof of this fact might be needed in an action for infringement. An author can create such proof by sending a copy of the work to himself or herself by registered post, keeping the post office receipt and leaving the envelope unopened.
    proof of ownership would be the camera raw file. any other source files used to create the image would be helpful

    I know that the sending a registered letter to your self was used by people writing lyrics for music you would file it when you received it unopened for a future date if needed


Advertisement