Copyright Infringement Query Youtube Video - usage of images within video

Abril9

Hi everyone

I am wondering perhaps if anyone has any input regarding the following scenario. In the past I have a ran a small-scale (2k followers) YouTube channel that was focused on true crime e.g. murders, drugs, kidnapping stories from around the world. Every single video that I have released followed precisely the same format. The Channel is monetized but in 4+ years it's paid me less than €250.

I wrote and narrated the story behind the video's primary point of interest i.e. the person that we are talking about or the story context, the timeline and what happened etc. Then I would add StoryBlock video footage (this is a paid service that gives you access to video files that can be used in video creation).

Important point - I would also add photos of the person that the video is about e.g. the convict, criminal, felon etc. This could be something like a mugshot or a clipping from Google Images.

I've never had any issues with my channel before when it comes to copyright.

However I've received an email recently from the person that claims to own/hold the copyright to some of the images of a particular person that has been used in one of my videos that was released 2 years ago. This person seems by all accounts to be a legitimate photographer and is asking me to pay him royalty/licensing for use of the photos in the video.

The video in question is essentially me talking over a few photographs of the criminal that this photographer had taken in the past i.e. telling the story behind the case, what happened etc.

I acknowledged the email and have told the photographer that I had no idea that those photos had been copyrighted (it was completely my mistake and a big oversight on my side I totally understand). I have now removed the video permanently and told the copyright owner this.

However this person is still asking me to pay them without quoting a price. On their website there is also no licensing model so I'm unsure as to what would be the best way forward here. Do I engage a solicitor now or ask straight to see the photographers licensing model? My fear is that if I respond to the latest email he can quote me an unreasonable price for a video that had less than 1500 views and earned no money. I would be happy to pay for my mistake within reason.

Ted222

Ignore it. You’ve taken the video down. You don’t even know if he’s the genuine copyright holder.

Two years ago got an email from a company purporting to represent a company with the same name as mine. Claimed it wasn’t mine to use and that I needed to pay up an undisclosed sum for use of a copyrighted name.

I did a bit of research which informed me that a few companies are engaged in what is essentially a try on. They’re not going to pursue you legally for a small sum of money, even if they can prove (and it’s a big if) that a copyright breach has occurred.

AndrewJRenko

https://www.boards.ie/discussion/comment/121964866#Comment_121964866

This is a completely different scenario to yours. There is a very good chance that the photo is copyright of a professional photographer, and it shouldn't have been used without permission, or even a credit.

You're right to say that it is very difficult to enforce a debt like this. However, the decent thing to do is to come to some kind of agreement with the copyright owner.

I'd suggest going back with a humble apology, and an explanation that you earned no money from the item in question. Technically, that's the problem of the video producer, not the photographer, but the photographer may be open to discussion. See if you can agree a small fee, or an arrangement for giving credit or exposure to the photographer.

And don't use copyright materials in future without permission or agreement up front.

Ted222

https://www.boards.ie/discussion/comment/122037443#Comment_122037443

It’s not necessarily a different scenario.

Anyone can claim copyright for something someone else is using.

Whether they have legitimate title to claim copyright is another matter.

I wouldn’t pay someone money unless there was proof that I should do so.