Telegraph website using my image without paying

[GrahamMcPherson]

Hi does anyone know where i stand legally regarding a copyright issue. The Telegraph website have been using one of my images on their site for over a year now. I discovered it on Google accidentally a few months back and decided to contact them. They apologized and said they had no idea where they got the image and offered to put my name under it and pay £25 for image use. They asked me to send my bank details which I did. Months later and no payment. I emailed several times and they did not respond. Where do I go from here?
You can see the image on their site here
http://www.telegraph.co.uk/travel/de...-Somerset.html

[nick_gray]

Really sorry to hear they are using your image without your permission.

I assume you've sent them an invoice for the £26 (although this sounds a bit cheap) which they are refusing to make payment against. If this is the case, take them to the small claims court, information on how to do this here http://www.which.co.uk/consumer-righ...-claims-court/

Out of interest, who decided that your image was worth £26?

Regards

Nick

[dan123]

Your name is under it, But id try to chase up that payment, Keep at em and youll break them eventually,

[nick_gray]

Graham,

Some information from other more experienced forum members on a previous post here:
Copyright Infringement - what can I do? http://www.photoradar.com/forums/showthread.php?t=3874

Regards

Nick

[GrahamMcPherson]

Originally Posted by nick_gray

Really sorry to hear they are using your image without your permission.

I assume you've sent them an invoice for the £26 (although this sounds a bit cheap) which they are refusing to make payment against. If this is the case, take them to the small claims court, information on how to do this here http://www.which.co.uk/consumer-righ...-claims-court/

Out of interest, who decided that your image was worth £26?

Regards

Nick

Thanks Nick. I spoke to a woman first - Georgiana Vear from the Telegraph copyright dept who put me in touch with Oliver Smith. He then put me in touch with Alex Benwell who apologized and said he didn't know where they got the image from. It was Alex Benwell who said they'd pay £25. Oliver Smith asked me to send my bank details to make the payment. I sent all three of them E mails a month later and got no replies from any of them.

[nick_gray]

Oh, so they told you how much they wanted to pay!! Interesting way of working.

If you are happy with the £25*, they have agreed to pay you, send them an invoice (if you haven't done already) add to this any correspondence you have, including telephone conversation details. Mark it for immediate payment (although I doubt they will pay it straight away, you'll have to keep chasing the payment). If it's not paid within say 30 days, then start proceedings to take them to the small claims court.

It's a right PITA chasing payment, and I don't know if it's worth all the effort for £25. So you might want to just send them a cease and desist notice if you want them to remove your image, or live with the fact that your image (and now your name) is being viewed by thousands of people visiting a national newspaper.

* Have a look at what AP4A has to say about calculating charges and the process he took, on the link in my previous post.

Regards

Nick

[amk1977]

Personally, I'd chase them on principle, regardless of the paltry sum they are offering. A national newspaper with a dedicated copyright department, should damn well know better. To make matters worse, they are aware of the copyright infringement and have done absolutely nothing to rectify the situation.

If their feet aren't held to the fire, then they'll probably feel they can be apathetic to using anyones' images they like, then drag their heels about payment if caught doing so, as they have done in this case.

[OldBoy]

Originally Posted by GrahamMcPherson

Thanks Nick. I spoke to a woman first - Georgiana Vear from the Telegraph copyright dept who put me in touch with Oliver Smith. He then put me in touch with Alex Benwell who apologized and said he didn't know where they got the image from. It was Alex Benwell who said they'd pay £25. Oliver Smith asked me to send my bank details to make the payment. I sent all three of them E mails a month later and got no replies from any of them.

Check out the NUJ price list for freelance fees applied to national newspapers, and send an invoice for that amount.

http://www.londonfreelance.org/feesg...nal+newspapers

[GrahamMcPherson]

It was Alex Benwell who told me that £25 was the going rate. I didn't know what it was. It was only by chance I stumbled on the image in Google. Perhaps I should find out who his boss and complain there about how it feels to be cheated and lied to by people who are supposed to be making a living from "telling it as it is".

[nick_gray]

Graham,

I can understand your anger and frustration, I had similar feelings the first few times I found my site content appearing elsewhere.

Whilst I agree with amk1977 that "they should have their feet held to the fire" I don't believe it's going to change their attitude of 'taking what they want and only paying up when they get caught'. And I don't think going further up the food chain at the Telegraph is going to get your invoice paid any quicker, I would think you will be met by more flannel and get more frustrated. Get your invoice in to them, and the payment clock can then start ticking.

Regards

Nick