# National Newspaper used my photograph without permission



## JoeyBuddeyy (Jan 26, 2009)

Hello all I have had a little problem, the sun newspaper has printed a photograph of mine WITHOUT even asking permission. There was an incident with a friend of mine and he made the headlines, I had a photograph of him on my personal profile on a social networking website (I had taken the photograph) the next thing I see MY photograph in there paper, it is my understanding because I own the image that I have full copyright, and because I didn't give them permission it means they stole the picture. I have checked the terms of service of the social networking and they are only licensed to host the image but I still own full copyright with it.

Where should I go from here and do you think it would be worth taking legal action against the newspaper? I'm furious that they done this and I am living in fear that the person in the photograph thinks I done a deal with the newspaper. What do you guys think? Oh btw I'm in the UK, if you need any more info just ask.

Here is the TOS from the social networking website:

*Proprietary Rights*
Bebo does not claim any ownership rights in any Materials that you submit, post, or display on or through the Bebo Service. After submitting, posting or displaying Materials on or through Bebo or the Bebo Service, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Bebo Service, you hereby grant to Bebo and its agents and assigns a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely in connection with the Bebo Service or the promotion thereof.

Without this license, Bebo would be unable to provide the Bebo Service. For example, without the right to modify your Materials, Bebo would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Bebo could not allow users and Members to listen to music posted by Members. The license you grant to Bebo is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Bebo), fully-paid and royalty-free (meaning that Bebo is not required to pay you for the use on the Bebo Service of the Materials that you post), sub licensable (so that Bebo is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the Bebo Service), and worldwide (because the Internet and the Bebo Service are global in reach). This license will terminate at the time you remove your Materials from the Bebo Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the Bebo Service, Bebo reserves the right to remove all of your Materials from other Member's pages. The license does not grant Bebo the right to sell your Materials You represent and warrant that: (i) you own the Materials posted by you on or through the Bebo Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Bebo Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Bebo Service. The hosting of certain items that you post, such as video, may require your agreement to a separate license agreement or terms of use.

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## Mgw189 (Jan 26, 2009)

JoeyBuddeyy said:


> Hello all I have had a little problem, the sun newspaper has printed a photograph of mine WITHOUT even asking permission. There was an incident with a friend of mine and he made the headlines, I had a photograph of him on my personal profile on a social networking website (I had taken the photograph) the next thing I see MY photograph in there paper, it is my understanding because I own the image that I have full copyright, and because I didn't give them permission it means they stole the picture. I have checked the terms of service of the social networking and they are only licensed to host the image but I still own full copyright with it.
> 
> Where should I go from here and do you think it would be worth taking legal action against the newspaper? I'm furious that they done this and I am living in fear that the person in the photograph thinks I done a deal with the newspaper. What do you guys think? Oh btw I'm in the UK, if you need any more info just ask.
> 
> ...



Did they site the source of the image as Bebo?  If so I would say you are screwed


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## Sarah23 (Jan 26, 2009)

Well, at this point the first step would be to contact the paper. See what they say. If its worth it to you, time and money-wise, if they dont apologize or fix it I guess you could get a lawyer but I dont know if it would go very far...


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## RacePhoto (Jan 26, 2009)

Do you have a registered copyright for your photo?  Do they have some sort of agreement with Bebo to use their photos?  Easy way to start is write the newspaper and ask them to pay for the use at their standard rate for a photo this size. Don't go crazy, if it's 10 pounds, that's a good normal price, unless it was half a page.  There might be other circumstances to how the obtained the photo.  No they can't use your photo without getting permission.


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## JoeyBuddeyy (Jan 26, 2009)

Hey folks thanks for the speedy replies, I had a read at the article and they didn't mention that they got the image from bebo anywhere, yeah I have been advised by a friend of mine to contact them first but to be honest I'm really mad at them for doing this to me and I think I need to set an example so they will think before stealing a photographers work.  I'll check in with my solicitor tomorrow and see what they say.  What do you guys think about all this?


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## TheUndisputed (Jan 26, 2009)

Are we going on technicalities here? Because technically, unless your buddy signed a model release to you, the rights to the photograph actually belong to your buddy.


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## JoeyBuddeyy (Jan 26, 2009)

RacePhoto said:


> Do you have a registered copyright for your photo? Do they have some sort of agreement with Bebo to use their photos? Easy way to start is write the newspaper and ask them to pay for the use at their standard rate for a photo this size. Don't go crazy, if it's 10 pounds, that's a good normal price, unless it was half a page. There might be other circumstances to how the obtained the photo. No they can't use your photo without getting permission.


 

Hi there RacePhoto, I do not have a registered copyright for my image but I have been doing some research that would suggest I don't need it, (i'm not expert tho)  From what I understand they don't have any sort of agreement with Bebo but I would need to look into that.

There is a small 3x3" photo in the front page and the same image about 1/3 of a page inside.  I just wish they would have the decency to ask for the image, there were on my profile it would only have taken a second to send me a message, and I would have never given them permission to use it.

Thanks for all the comments guys, its wrecking my head at the moment.


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## Sarah23 (Jan 26, 2009)

TheUndisputed said:


> Are we going on technicalities here? Because technically, unless your buddy signed a model release to you, the rights to the photograph actually belong to your buddy.



I do not believe that is completely true. If you took the photo, model release or not, the photo is YOUR property. I have clients who do not sign model releases, so I do not use them online. That does not mean that they have full rights to their photos. Only I do.

 Now...with that said...I don't think I would worry too much about this. If your buddy or someone told them that there was  a photo of here at www.xxxx.xxx then they probably didn't think about it. I doubt you will "set an example" by doing anything to them. They are the press.


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## Mgw189 (Jan 26, 2009)

TheUndisputed said:


> Are we going on technicalities here? Because technically, unless your buddy signed a model release to you, the rights to the photograph actually belong to your buddy.


Even that is not set in stone.  Depending on the original intent of the photo no model release may have been needed.  When it comes to this kinda crap its best to let the lawyers sort it all out.  My guess however is that its probably not really worth the fuss.


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## JoeyBuddeyy (Jan 26, 2009)

TheUndisputed said:


> Are we going on technicalities here? Because technically, unless your buddy signed a model release to you, the rights to the photograph actually belong to your buddy.


 

Hey TheUndisputed thanks for your input, well the image was taken in a public place, would he still own the rights?


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## TheUndisputed (Jan 26, 2009)

Sarah23 said:


> I do not believe that is completely true. If you took the photo, model release or not, the photo is YOUR property. I have clients who do not sign model releases, so I do not use them online. That does not mean that they have full rights to their photos. Only I do.
> 
> Now...with that said...I don't think I would worry too much about this. If your buddy or someone told them that there was  a photo of here at www.xxxx.xxx then they probably didn't think about it. I doubt you will "set an example" by doing anything to them. They are the press.




I was looking through your portfolio. How did you get that effect with that one girl where the background is extremely high exposure, almost white, and her color is still crisp? That's amazing.


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## Sarah23 (Jan 26, 2009)

TheUndisputed said:


> I was looking through your portfolio. How did you get that effect with that one girl where the background is extremely high exposure, almost white, and her color is still crisp? That's amazing.



The background was already pretty bright, and since she was wearing dark colors and her skin was dark, I over exposed a bit. I then brightened it a bit in PS, and then erased her back in via vector mask.


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## Katier (Jan 26, 2009)

Basically yes write to the Sun's editor and also the press complaints commission. Off the top of my head I don't think there's a breach in the code but it's worth it all the same. As long as your covered ( i.e. can proove copyrigth - say with a higher resolution image or even a RAW image) then you do have rights as they have used the image without your permission.

I'll ask in uni for further infomration tomorrow as I'm a Journalism student and have a lecture with a journalist tomorrow.


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## manaheim (Jan 26, 2009)

Joey---

Yeesh, there's a lot of off comments on legalities in here.  If you want to make a case of it, speak to a lawyer, but generally it's probably not worth it.

I would call up the paper and nicely explain that they may have inadvertantly used a picture of yours without your permission.  Wait to see what they say.  If they don't offer up anything, you might politely suggest that maybe you and they could work something out to cover the usage rights for the photo.

I don't know the exact legalities of the model release in this situation, but you own the rights to the photo.  The legalities only affect what you do with the photo and what you gain from it.

I'm not a lawyer, nor do I play one on TV.

These links may help, however...

Photographer's Legal Rights 
Model Release Form 
Court Case on Legality of Sale of Street Photography 
Fair Use, Copyrights, Needing Permission


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## ANDS! (Jan 26, 2009)

How do you know they got that photo from your profile.  How do you know that they did NOT get it from another hosting site?  If the article is about your friend, is it possible that HE provided the photo knowing where it was (you don't know his reaction to the story so I'm suspecting some communication has been lax here).  

Making claims of theft is pretty serious business, and I would bet money on the Sun having deeper pockets than you and making it more trouble for YOU than it really is worth.  I understand you want to "stand up to the man", but lets get real here if they did steal your work, the Sun has likely been down this road and anything you do isn't likely to reverberate much with them.  Wise up, do the ADULT and logical thing and move on.


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## manaheim (Jan 26, 2009)

^^^ that's certainly a good point, but I really don't think there's much harm in calling them up and making a "Whoops, I know you probably weren't aware, but..." type of statement in a nice way.

Good point on the friend though- worth checking with him first.  If _he_ provided the shot, then you'll need to sue his butt instead. 

YES I'M KIDDING.

Sue me instead.  I'm bored and haven't been sued in years.


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## chrisburke (Jan 26, 2009)

i gotta be honest, i would be thrilled if this happened to me.. my photos have been in lots of papers here, but nothing as big as the sun


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## tsaraleksi (Jan 26, 2009)

Easier choice. Send them an invoice. I think that they probably pay at most $100-150 for a picture, assuming they're a newspaper and not a magazine. Find out who you should bill, then send it. Couldn't hurt and it'd be a hell of a lot easier than getting lawyers involved (who will cost you more than you could even dream of getting for this image.)


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## Flash Harry (Jan 27, 2009)

bill them, there's a site which gives guidlines for image size/prices, as its already published there's little you can do but you can get payment, you could see your solicitor but as advised it would probably prove more costly than its worth. I'd also tell your mate what they did to save you any bother. H


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## bwlergh (Jan 27, 2009)

tsaraleksi said:


> Easier choice. Send them an invoice. I think that they probably pay at most $100-150 for a picture, assuming they're a newspaper and not a magazine. Find out who you should bill, then send it. Couldn't hurt and it'd be a hell of a lot easier than getting lawyers involved (who will cost you more than you could even dream of getting for this image.)



I was about to say the same thing. No need to start a war over it. Legal costs will exceed what you will get out of the whole thing. It will drag on for months and in the end, media will do it again and again to someone else.

Send them an invoice addressed to to the accounts department, requesting that the invoice be paid within 30 days of the date of the invoice.


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## manaheim (Jan 27, 2009)

Keep in mind, folks... consulting a lawyer does not equate to suing someone.  Stop being so binary.   Consulting a lawyer is an intelligent idea just to understand what your legal rights are.  Knowledge is power.  Going into even a basic conversation without understanding whether or not the paper has even done anything wrong would be potentially setting yourself up for some embarrassing moments.

Any private citizen suing a newspaper over something as trivial as this is really kinda insane.  I would never suggest that.


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## brettfoster (Jan 27, 2009)

First investigate how exactly they -could- have got that image. It would be crucial to know how exactly they got it. Was it obtained from your friend, another hosting location where it is legal to borrow or use the image, etc.

If it turns out they are completely wrong, send them a bill and a certified letter. Give them a deadline to respond that is reasonable. A week maybe.

If no reply, contact a competing newspaper and offer them the story how a competitor has stolen a copyrighted image and offer them the proof. I am sure the SUN has a few enemies out there....


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## Michael P. Harker (Jan 27, 2009)

Model releases are usually mandatory when the image is used for advertising, but there is a category of known as "editorial usage" where the image is part of an article of news worthy importance. Newspapers could hardly meet deadlines if everyone in the photos had to sign releases.

This is also known as "public domain" images and especially in America, freedom of the press guarantees photographers the right to take photos of people in public. The paparrazis make their living doing it.

But the main thing is that once you have taken the photograph, it is copyright protected (in the US anyway). The reality of digital media and the internet is that people anywhere in the world can download your photographs and use them without you knowing about it or them caring about your copyright.

I discovered a website in Cambodia that had used one of my images and because it was not written in English, I had no way of knowing whether I was even given credit. Of course they never bothered to query me for permission.

I am sure the editor of the Sun would respond to you in a positive way if you send him a letter politely discussing the situation. Like everyone has said, ask to be paid and ask if you could work for them as a stringer. Being available as a freelance photojournalist has great potential for leading to a fulltime position once they get used to working with you.

Michael


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