Rights question

Joannap · 29-04-2019 2:26pm #1

Can someone use a photo that I took (photo of a scenery) in their online article without asking me for a permission?

Bacchus · 29-04-2019 2:56pm

Joannap wrote: »

Can someone use a photo that I took (photo of a scenery) in their online article without asking me for a permission?

No. You own the copyright to photos you took.

Where did they get your photo from?

Joannap · 29-04-2019 3:06pm

Bacchus wrote: »

No. You own the copyright to photos you took.

Where did they get your photo from?

Thanks for the response!

They took it from my instagram. It does mention my instagram nickname as a person who took the pictures but I still feel that they should have asked me.

What should I do?

Heebie · 29-04-2019 4:54pm

Joannap wrote:

What should I do?

Send them an invoice, then a demand for payment of they don't pay.

Joannap · 29-04-2019 5:09pm

Heebie wrote: »

Send them an invoice, then a demand for payment of they don't pay.

I don't know if you are serious or joking but I don't own a company.

magicbastarder · 29-04-2019 5:15pm

you don't need to own a company to demand payment.

brightspark · 29-04-2019 5:16pm

You don't need to own a company to send an invoice.

Joannap · 29-04-2019 5:53pm

magicbastarder wrote: »

you don't need to own a company to demand payment.

I emailed them asking why they didn't contact me to ask for permission.
They replied that "the usual procedure with Instagram is that the photos posted publicly are perfectly fine to reshare once the account is embedded or credited."
I'm not sure what that means...
They also offered to remove my pics..

brightspark · 29-04-2019 6:01pm

Posting your photo on instagram did not give them any right to use it.

Have you taken a screenshot of their webpage with your photo?

Let them know that even though they are taking down the photo you are still charging for the usage so far.

chuck eastwood · 29-04-2019 6:07pm

Joannap wrote: »

I emailed them asking why they didn't contact me to ask for permission.
They replied that "the usual procedure with Instagram is that the photos posted publicly are perfectly fine to reshare once the account is embedded or credited."
I'm not sure what that means...
They also offered to remove my pics..

Reusing your photo and crediting it is nothing more than a courtesy. They still do not have your permission. You can ask them to remove it or seek payment.

brightspark · 29-04-2019 6:11pm

If they did it with an image from Getty Images just taking it down wouldn't be enough (speaking from experience when someone posted the wrong image some years ago, we negotiated the fee down from 400 to 200 I think, lesson learned.)

JohnFalstaff · 29-04-2019 6:14pm

By posting the photo to Instagram you enter an agreement with certains terms and conditions. The user grants Instagram a “non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use their content”.

So Instagram can also sub-licence your content, without seeking permission.

Probably doesn't affect this particular case, but good to be aware of what exactly Instagram and other social media companies are up to:
http://theconversation.com/ten-things-you-should-know-about-instagrams-terms-of-use-102800

copperhead · 29-04-2019 6:21pm

JohnFalstaff
That's an eye-opener and very scary I never knew this, it will make me think twice about using there platform in future, no that my pics are good enough to be used but I am the one who invested money in equipment and makes the effort to go and shoot the images for them to take control with no financial recompense.
Thanks for the information ðŸ‘

magicbastarder · 29-04-2019 6:27pm

JohnFalstaff wrote: »

Probably doesn't affect this particular case

there's no 'probably' - it doesn't. instagram know people would flee the platform in droves if it started selling user content, they claim all those rights as an ass covering exercise.

Joannap · 29-04-2019 8:23pm

Thanks for that John. It's an interesting article and an eye opener. Maybe we all should start reading terms and conditions.. haha

I do feel proud that my pictures were featured but it would have been nice to be asked...
I guess all I can do now is to ask them to mention my full name (not the nickname) under the pictures so that at least I get some credit for it and some free advertisement...

Joannap · 29-04-2019 8:24pm

I'm not even a professional photographer.. haha. Maybe I should think about changing jobs!

JohnFalstaff · 29-04-2019 8:36pm

Joannap wrote: »

Thanks for that John. It's an interesting article and an eye opener. Maybe we all should start reading terms and conditions.. haha

I do feel proud that my pictures were featured but it would have been nice to be asked...
I guess all I can do now is to ask them to mention my full name (not the nickname) under the pictures so that at least I get some credit for it and some free advertisement...

In this situation, you are well within your rights to pursue them for compensation.

Joannap · 29-04-2019 8:49pm

JohnFalstaff wrote: »

In this situation, you are well within your rights to pursue them for compensation.

Okay then I must have misunderstood what you said... I thought that Instagram can sub-licence your content, without seeking permission and I can't seek compensation? Sorry if I'm being stupid!

tricky D · 29-04-2019 8:58pm

Joannap wrote: »

I emailed them asking why they didn't contact me to ask for permission.
They replied that "the usual procedure with Instagram is that the photos posted publicly are perfectly fine to reshare once the account is embedded or credited."
I'm not sure what that means...
They also offered to remove my pics..

JohnFalstaff wrote: »

By posting the photo to Instagram you enter an agreement with certains terms and conditions. The user grants Instagram a “non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use their content”.

So Instagram can also sub-licence your content, without seeking permission.

Probably doesn't affect this particular case, but good to be aware of what exactly Instagram and other social media companies are up to:
http://theconversation.com/ten-things-you-should-know-about-instagrams-terms-of-use-102800

This doesn't apply here as the site's stance that it gave credit tells us Instagram did not sub-licence it. Send them a bill even if they remove it.

Also the linked article says what they can do which is different to what they do do. It is also a standard in terms and conditions of loads of sites and this site has the exact same terms. [ Half way down https://www.boards.ie/content/terms?site=desktop ] If a site were to exploit IP in the manner suggested they'd have a right PR problem on their hands.

JohnFalstaff · 29-04-2019 9:01pm

Joannap wrote: »

Okay then I must have misunderstood what you said... I thought that Instagram can sub-licence your content, without seeking permission and I can't seek compensation? Sorry if I'm being stupid!

Not at all!

I was highlighting the tricky legal situation that exists in relation to content uploaded to Instagram.

I don't know all the exact details of your current situation, but I would guess that whoever is using your picture has not received any sort of licence or permission from Instagram, or anyone else, and has instead just used your image without permission because they liked the look of it and thought they could get away with using it for nothing.

If it's your photo, you are still the owner of the image, and you can charge them for using it or ask them to credit you.

Joannap · 29-04-2019 9:30pm

Thanks for all the answers ! :-) I'm still unsure what to do. Sending them an invoice seems a little bit harsh.. although tempting! Haha
Out of curiosity.. what would you charge per picture on average..?

Irishphotodesk · 29-04-2019 10:45pm

Send them an invoice for usage €50-100,
Taking an image from online doesn’t mean it’s free to use, I don’t know the terms and conditions of Instagram but on twitter there is previous case law - twitters terms and conditions allow for the images to be retweeted and shared in the twitter sphere but not to be removed from twitter and used elsewhere, I assume Instagram would be similar.

https://www.reuters.com/article/us-media-copyright-twitter/photographer-wins-1-2-million-from-companies-that-took-pictures-off-twitter-idUSBRE9AL16F20131122

If you need help with doing the invoice or want me to help contact them and explain to them that they have to pay up ...it’s not a problem - I have done this multiple times over the years, it’s extremely irritating and time consuming, often for little reward.

Irishphotodesk · 29-04-2019 10:53pm

Joannap wrote: »

Thanks for all the answers ! :-) I'm still unsure what to do. Sending them an invoice seems a little bit harsh.. although tempting! Haha
Out of curiosity.. what would you charge per picture on average..?

In general the fee is based on the usage, these are approximates for usage... a national newspaper is generally around €75 for print edition, newspaper online edition (€50 but sometimes print and online deal can be done), online websites €50ish, local newspaper €20-50, free sheet newspaper €20-25, magazine €150, sunday paper €100, tv usage €100per calendar day.

The above are guidelines and are per usage fees if they use the image a second time then a second invoice for the same fee would apply.

CabanSail · 30-04-2019 2:29am

Use the guidelines above. There should also be an added fee for usage without prior permission, say 50 - 100%

Bacchus · 30-04-2019 10:12am

Joannap wrote: »

I emailed them asking why they didn't contact me to ask for permission.
They replied that "the usual procedure with Instagram is that the photos posted publicly are perfectly fine to reshare once the account is embedded or credited."
I'm not sure what that means...
They also offered to remove my pics..

Total bullsh*t and with that arrogant and blatant lie I'd be even more inclined to pursue them for compensation. They did not have your permission, you are the copyright holder, they have no rights to use your photo without your permission. Cheeky f*ckers, making money off your back (and no doubt many others whose work they stole).

JoshN1 · 30-04-2019 12:54pm

Joannap wrote: »

Thanks for all the answers ! :-) I'm still unsure what to do. Sending them an invoice seems a little bit harsh.. although tempting! Haha
Out of curiosity.. what would you charge per picture on average..?

I think it's the best decision!

Joannap · 30-04-2019 1:20pm

Irishphotodesk wrote: »

Send them an invoice for usage €50-100,
Taking an image from online doesn’t mean it’s free to use, I don’t know the terms and conditions of Instagram but on twitter there is previous case law - twitters terms and conditions allow for the images to be retweeted and shared in the twitter sphere but not to be removed from twitter and used elsewhere, I assume Instagram would be similar.

https://www.reuters.com/article/us-media-copyright-twitter/photographer-wins-1-2-million-from-companies-that-took-pictures-off-twitter-idUSBRE9AL16F20131122

If you need help with doing the invoice or want me to help contact them and explain to them that they have to pay up ...it’s not a problem - I have done this multiple times over the years, it’s extremely irritating and time consuming, often for little reward.

Okay guys you convinced me! :-) Irishphotodesk thanks a million for offering help. I will send you a pm as I'm unsure how to issue an invoice without having VAT reg nr.

Joannap · 30-04-2019 1:39pm

Guess what... I found another article (from a radio station) using my photo as well....

Bacchus · 30-04-2019 6:57pm

It's like whack-a-mole

That sucks and hopefully shows you why it's important to get what's due when this happens. Easy enough to say "ah it's no big deal" when it happens once... but all those invoices add up. Good luck. Let us know how you get on.

Joannap · 30-04-2019 11:00pm

Bacchus wrote: »

It's like whack-a-mole

That sucks and hopefully shows you why it's important to get what's due when this happens. Easy enough to say "ah it's no big deal" when it happens once... but all those invoices add up. Good luck. Let us know how you get on.

Thanks. Will do :-)
I never thought that taking a few pictures for fun would bring me here...!

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