Head4heights, Cirencester using photo from gcrg without permissio, acknowledgeme

prahja

Member
Just a heads up - I?ve just spotted that Head4Heights, based in Cirencester are using one of my photos of cave rescue, that I presume they have lifted from a cave rescue website. They didnt ask permission and they havent acknowledged copyright or indicated attribution.

I mention it here as I recognise a few of the other photos - I think one is Robbie?s. Obviously they havent indicated who took the photos and I dont know if they have permission. It may be worth checking to see if your photos are there.

I shall be asking for a considerable donation to cave rescue... not impressed

http://www.head4heights.net/blog/uncategorized/in-the-deep-places-of-the-world
 

Pete K

Well-known member
I recognise the bottom 2 pictures. The grey Elios helmet is one of my old ones circa 2009/10. I don't remember taking that photo so probably not mine, but I know the lass in it and it was an Edale YHA Activity Centre safety bag in the picture, so I could probably track down if permission was sought or not.
 

IanWalker

Active member
google has a function called image search that allows you to enter a html address and find other websites with the same image. you can also drag and drop images.

https://support.google.com/websearch/answer/1325808?hl=en

https://www.google.co.uk/search?sa=G&hl=en-GB&q=cave+in+rescue&tbm=isch&tbs=simg:CAQSlQEJwrwq0IpHEuMaiQELEKjU2AQaAggVDAsQsIynCBpiCmAIAxIovxeTDL4X-AvNHvULxBeqEe0L6xbTIqAp0irRIrg6iS6eKbwpkDjQKhowhQ0efoQDnFx14ZornFUrDamgb1B7Pb066gxLyOxwclnjESiXduhznRb8FGPC66TGIAQMCxCOrv4IGgoKCAgBEgSy3twsDA&ved=0ahUKEwilhquSmfTbAhUlK8AKHYDJDLgQ2A4ILCgB&biw=1920&bih=1084#imgrc=GEYf1LYk46NTFM:

http://semkovobg.blogspot.com/2011/01/blog-post.html
 

Pete K

Well-known member
Awesome! Have found the picture on one of my colleagues websites. Will ping them a message.
 

Rob

Well-known member
I'm not sure of the legalities (i'm sure others here are), but i'm definitely of the opinion that if i put a photo online in a public place, it will eventually get stolen. It's not right and it is extremely rude, but that's what i kinda expect of many humans....  o_O

Good luck finding any solace...
 

PaulW

Member
They are using your image for commercial gain.

Their advertising using your image is making them money.

got money out of a national newspaper who 'stole' a photo and published it
 

prahja

Member
Rob said:
I'm not sure of the legalities (i'm sure others here are), but i'm definitely of the opinion that if i put a photo online in a public place, it will eventually get stolen. It's not right and it is extremely rude, but that's what i kinda expect of many humans....  o_O

Good luck finding any solace...

it?s illegal ! If it?s not challenged then the theft will continue....
 

martinb

Member
Rob said:
I'm not sure of the legalities (i'm sure others here are), but i'm definitely of the opinion that if i put a photo online in a public place, it will eventually get stolen. It's not right and it is extremely rude, but that's what i kinda expect of many humans....  o_O

Good luck finding any solace...

Irrespective of what eventually happens to a photo that you have taken, the fact is that if you took the photo then you retain the copyright inperpetuity (did I spell that correctly?)

If someone, somewhere uses the photo without asking permission, you have the right to demand, (i) money for its use, (ii) they remove it, (iii) acknowledgement of your work if you come to an arrangement to give it away free.

I do think that some people think that all content on the t'interweb is 'free' and without copyright - they are sadly mistaken.

There was a recent case where an ape/monkey/primate used someone's camera to take a selfie and there was an ensuing legal tussle of who owned the photo!

And BTW, Rob, I think your photos are cracking! But I'm biased!
 

Bob Mehew

Well-known member
martinb said:
Irrespective of what eventually happens to a photo that you have taken, the fact is that if you took the photo then you retain the copyright inperpetuity (did I spell that correctly?)
The Copyright, Designs and Patents Act of 1988 gave the author(s) of a 'WORK' (be that written, artistic which includes a photograph, sound recording, film, broadcast,) the right of 'copyright' which provides in Section 16   

"the exclusive right to do the following acts in the United Kingdom?
(a) to copy the work;
(b) to issue copies of the work to the public;
(ba) to rent or lend the work to the public;
(c) to perform, show or play the work in pub to communicate the work to the public;
(e) to make an adaptation of the work or do any of the above in relation to an adaptation;
?

These rights are further detailed in subsequent sections. 

Under Section 12, the copyright owner holds this exclusive right for a period which "expires at the end of the period of 70 years from the end of the calendar year in which the author dies".

There are however some activities of what is called 'fair dealing' which permit others to copy the work, such as making a copy of a legally held copy for personal use, non commercial research, etc.  But they do not cover showing a copy of a photograph on another web site.

There are also what are known as moral rights, that is the right to be identified as the author of the work, but that right has to be asserted, see Section 78. 

The problem with copyright is that it is not normally a breach of criminal law so the police will not help you.  You have to take action yourself.  The law is part of what is known as Intellectual Property and the Intellectual Property Office does offer some advice on asserting your rights, see https://www.gov.uk/defend-your-intellectual-property , the best bit of which is "You may want to get help from an IP professional, such as a solicitor".

Bluntly, if you can't be bothered to charge for your work, then you should at a minimum place the copyright symbol and your name on your photograph so you at least get the credit. 

HTH
 

NewStuff

New member
mikem said:
They should be attributed, but it is a blog rather than actual advertising.

Mike

It's a blog attached to a commercial outfit.

Send an invoice, if no joy, a letter before action. Invoice calculators are readily available online precisely because of this sort of shenanigans. Generally speaking, it's 3x the usual invoice fee, for unauthorised use.

Don't be afraid to hit small claims court, and make sure your fee's and time are covered in the amount you ask for.
 

martinb

Member
Bob Mehew said:
martinb said:
Irrespective of what eventually happens to a photo that you have taken, the fact is that if you took the photo then you retain the copyright inperpetuity (did I spell that correctly?)
The Copyright, Designs and Patents Act of 1988 gave the author(s) of a 'WORK' (be that written, artistic which includes a photograph, sound recording, film, broadcast,) the right of 'copyright' which provides in Section 16   

"the exclusive right to do the following acts in the United Kingdom?
(a) to copy the work;
(b) to issue copies of the work to the public;
(ba) to rent or lend the work to the public;
(c) to perform, show or play the work in pub to communicate the work to the public;
(e) to make an adaptation of the work or do any of the above in relation to an adaptation;
?

These rights are further detailed in subsequent sections. 

Under Section 12, the copyright owner holds this exclusive right for a period which "expires at the end of the period of 70 years from the end of the calendar year in which the author dies".

There are however some activities of what is called 'fair dealing' which permit others to copy the work, such as making a copy of a legally held copy for personal use, non commercial research, etc.  But they do not cover showing a copy of a photograph on another web site.

There are also what are known as moral rights, that is the right to be identified as the author of the work, but that right has to be asserted, see Section 78. 

The problem with copyright is that it is not normally a breach of criminal law so the police will not help you.  You have to take action yourself.  The law is part of what is known as Intellectual Property and the Intellectual Property Office does offer some advice on asserting your rights, see https://www.gov.uk/defend-your-intellectual-property , the best bit of which is "You may want to get help from an IP professional, such as a solicitor".

Bluntly, if you can't be bothered to charge for your work, then you should at a minimum place the copyright symbol and your name on your photograph so you at least get the credit. 

HTH

I seem to remember that Cliff Richard bought a change to the law regarding interlectual property as it was originally only 50 years, and at that time he was approaching 50 years since his first hit (late 1950's) and he, quite rightly, wanted royalties beyond the 50 years.

Martin
 

mrodoc

Well-known member
Newspapers have been doing it for years. One of my photos appeared years after a local paper used for a feature in a regional publication. Thye coughed up. More recently The Daily Mail stole one of my images of the newly discovered Frozen Deep then to add insult to injury posted it on their web site labelled copyright Rex Features (they coughted up too). Don't let em get away with it.
 

Pete K

Well-known member
The page has now been edited and all the pictures are gone. I'd keep an eye on them though in future.
 
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