Lazy, thieving journalists (1 Viewer)

Brian Stone · Aug 10, 2006

I happened to be reading the Independent newspaper last Saturday and came across the article "Winners and losers among British wildlife as summer heatwave transforms the landscape". One of the photos looked jolly familiar and sure enough when I checked it was one of my own that I'd taken about a year previously and published on my blog. The pic is attached here.

It was published without permission and without any acknowledgement and worse they had recropped it and cut off the antennae. I'm not a professional but I've always been paid when my work's appeared in commercial publications in the past.

I've emailed the news editor outlining my "usual fee" but they haven't replied. Any ideas as to what to do next?

This must go on all the time but go largely un-noticed.

MSA · Aug 10, 2006

brianhstone said:
I happened to be reading the Independent newspaper last Saturday and came across the article "Winners and losers among British wildlife as summer heatwave transforms the landscape". One of the photos looked jolly familiar and sure enough when I checked it was one of my own that I'd taken about a year previously and published on my blog. The pic is attached here.

It was published without permission and without any acknowledgement and worse they had recropped it and cut off the antennae. I'm not a professional but I've always been paid when my work's appeared in commercial publications in the past.

I've emailed the news editor outlining my "usual fee" but they haven't replied. Any ideas as to what to do next?

This must go on all the time but go largely un-noticed.

Brian, unless you want to get solicitors involved I suggest you follow up your email with a formal invoice - by post, maybe recorded delivery would be sensible. If this is unpaid (put terms on the foot eg "payment within 14 days" - not binding without a contract, but useful nonetheless) threaten to take out a CCJ. If you do need to go down the CCJ route you can do it easily online, and it will be about £30 if your bill is below £250, I seem to recall - plus this is added to the judgement so they pay it!

nigelblake · Aug 10, 2006

Send a formal invoice (Word document) as an attachment, and word the e-mail in strong terms that you intend to sue for breach of copyright should they not cough up, set the e-mail so that they have to reply when its read.

Jos Stratford · Aug 10, 2006

Since it is such a reputable national, in addition to the fee, I'd push for a printed apology and acknowledgement of the author in a future paper.

gordon g · Aug 10, 2006

Jos Stratford said:
Since it is such a reputable national, in addition to the fee, I'd push for a printed apology and acknowledgement of the author in a future paper.

There's lots about this sort of thing in the pro photo forums. They recommend watermarking your net images, tagging the file with your copyright, only putting low res images out on the net etc. But even then it would seem someone will swipe it for their own use.

Good luck!

Brian Stone · Nov 4, 2006

Well, I take back everything I said. It's taken a while but eventually I got to talk to the right person and today a cheque dropped through the letterbox. Thank you Independent and it goes to show it's worth persevering.

For anyone else in this position, don't rely on email unless you are sure you are emailing the right person. Emails will simply be ignored. It's better to do things over the phone.

joannec · Nov 4, 2006

I'm glad this has had a good outcome for you, Brian. I guess it's a lesson in perseverence.

colonelboris · Nov 4, 2006

I'd be worried about the BBC. Any see their 'Bird flu ten most wanted' early this year? They'd taken some photos from somewhere and run them through paintshop on the 'watercolour effect' setting so they didn't have to pay a fee for copyright.

Steven Astley · Nov 4, 2006

brianhstone said:
Well, I take back everything I said. It's taken a while but eventually I got to talk to the right person and today a cheque dropped through the letterbox. Thank you Independent and it goes to show it's worth persevering.

For anyone else in this position, don't rely on email unless you are sure you are emailing the right person. Emails will simply be ignored. It's better to do things over the phone.

Come on Brian, how much?

Touty · Nov 4, 2006

brianhstone said:
Lazy, thieving journalists

A friend of mine is a news journalist for the Italian state broadcaster RAI. When I pointed out what a lousy and despicable profession it was he replied: "Don't tell my mum, she thinks I'm a backstreet abortionist".

Touty · Nov 4, 2006

brianhstone said:
Well, I take back everything I said. It's taken a while but eventually I got to talk to the right person and today a cheque dropped through the letterbox. Thank you Independent and it goes to show it's worth persevering.

For anyone else in this position, don't rely on email unless you are sure you are emailing the right person. Emails will simply be ignored. It's better to do things over the phone.

But how many photos do they use where the author doesn't see / recognise the picture?

Brian Stone · Nov 4, 2006

Steven Astley said:
Come on Brian, how much?

Wht I asked for plus a considerable amount to compensate for not obtaining permission in the first place. I think they normally pay £50 for a small photo.

Gill Osborne · Nov 4, 2006

Good news that you got your cheque Brian - hopefully this will teach them to ask permission first! *though I wouldn't bank on it!!!* :'D

This copying of photos must happen quite a lot though - I saw a winning pencil sketch of a Great Crested Grebe on the nest in one of my art magazines and am 99.9% positive that I've seen it as a photo in the past!!! Possibly one of Eric Hoskins?

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