Faceboook, unauthorised use of my images - by Dublin Gallery of Photography

challengemaster

AnCatDubh wrote: »

I don't agree. It is significance of gigantic proportions in this day and age and in this society which we live for someone to say "I was wrong", to understand what they have done or are responsible for and to say "I am sorry" when it is pointed out to them the error of a particular situation and where they have wronged someone.

....

I suspect that it may be an unfortunate consequence of the redress scenario that the core message of them getting their freaking act in order and don't do stupid things, will be confused with the message that this has cost us an invoice. That said, if there is a financial scenario due which the owner of the image wishes to pursue then it is of course their right to pursue.

Look, I understand what you're saying, but if there's one thing I remember about being a child - Sorry doesn't mean "I won't do it again", that's what mammy wanted you to think, sorry meant "Yes!, I'm off the hook for this one". Without proper consequences, people very often don't tend to care if what they do is right or wrong. That's why we have laws, and ways to enforce them.

To be honest with you, I know if I was in charge, what the message of "This has cost us an invoice" would only amplify the one of "We can't do anything like this again, lets make sure we do things right". People and companies don't have money to throw away over stupid mistakes, especially ones like this considering who's involved.

It's the same principal as invoicing ANYONE that steals your images, and you know it's regularly enough threads about it pop up here. Yes, getting money for it is a bonus, but the point of the exercise is to teach a lesson.

Arciphel

I have had absolutely no word of any kind from the Gallery of Photography on this, they received my invoice a week and a half ago and it has all my contact details on it if they wanted to get in touch - nothing. I think I am going to need the address of that solicitor and get a letter out to them, I think it was PCPhoto who has their details?

EyeBlinks

Solely, on the topic of payment of an invoice. a week and a half isn't overly long tbh.

On the payment alone, I wouldn't be engaging a solicitor, but send a reminder with final payment date. If not paid by then, follow up with short phone call saying it's overdue and if then unpaid proceed.

just imo!

sineadw

Did you specify a date for payment? It's usually 28 days from receipt, but these days even that's gone out the window..

Give it a bit, and then yeah, a reminder.

sineadw

sarkozy wrote: »

This whole thing has been blown out of proportion. Jeez. Calm down guys. And you: copyright your photos on Flickr if you don't want them misused.

Just spotted this. There is absolutely no legal obligation to use a copyright mark or assert copyright. Its got no bearing whatsoever on anything, and gives no added protection of any sort. Wanted to make that point clear..

kfish2oo2

DaireQuinlan wrote: »

The quoted photo is, I believe, copyright Reuters

Wikimedia commons uses Creative Commons licenses or public domain images. In this case is CC Share Alike:

You are free:
to share – to copy, distribute and transmit the work
to remix – to adapt the work
Under the following conditions:
attribution – You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
share alike – If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one.

DaireQuinlan

kfish2oo2 wrote: »

Wikimedia commons uses Creative Commons licenses or public domain images. In this case is CC Share Alike:

Edited by Arciphel after I pointed it out.

cooperangela88

Such an unworthy act on their part, this is a serious matter and you must stand back from this. I am sure that you are giving them the most right treatment that really deserve.

Arciphel

Still no response from them.

dirtyghettokid

Arciphel wrote: »

Still no response from them.

& somehow i don't think you ever will either :rolleyes:
bad form eh!

Arciphel

Lucky thing I checked my Gmail spam email folder this morning - I had an e-mail from the Gallery of Photography, enquiring if I had received their cheque which was mailed on the 4th of October. They are going to wait until Friday, and if it hasn't arrived by then they are going to cancel it and issue me with a new cheque. Fair dues to them, they are being straight up about drawing a line under this, so I am very happy with them regarding that.

With regards donating it to charity, I was thinking I would donate it to the same charity that the photobook money is going to - would that be possible?

AnCatDubh

Arciphel wrote: »

With regards donating it to charity, I was thinking I would donate it to the same charity that the photobook money is going to - would that be possible?

I'm sure it will be much appreciated, Try Cork_girl for details of how to pass on etc....

Yes, fair play to the Gallery of Photography for following up and taking their responsibilities seriously. Obviously would have been better had the incident not have happened however once it did it is probably a mark of the organisation as to how they ultimately respond to and deal with it.

Good on you for turning it over to a charitable cause. Kudos.

FreezeUp

Arciphel wrote: »

Lucky thing I checked my Gmail spam email folder this morning - I had an e-mail from the Gallery of Photography, enquiring if I had received their cheque which was mailed on the 4th of October. They are going to wait until Friday, and if it hasn't arrived by then they are going to cancel it and issue me with a new cheque. Fair dues to them, they are being straight up about drawing a line under this, so I am very happy with them regarding that.

With regards donating it to charity, I was thinking I would donate it to the same charity that the photobook money is going to - would that be possible?

Keep us posted as to what happens.

Arciphel

The cheque they posted on the 4th of October hasn't arrived, so I have requested that they issue me a replacment. Haven't heard a response from them as of yet.

Corkbah

did the cheque ever exist ?

bit strange to say " we sent you a cheque but if you dont get it by friday we're going to cancel it" ....almost as if they expect you to get it fri or the following monday...or if they dont expect you to get it so they can say they tried but you never received payment - not their fault.

jpb1974

Aye, I'm not falling for it either.. what's the chance of the cheque going missing in the mail just to compound the issue?

I hope you got sorted out.

sineadw

Have you tried calling them?

RoryW

Why not email them and tell them that to avoid any further postal problems that you will collect the cheque in person from them and that you will bring your passport as proof of ID for them to release the cheque to you when you drop in

Arciphel

Tanya (who is the very nice lady who is the director of the gallery) has apoliogised profusely for this and posted a new cheque out to me on Friday from a different post box, she knows the money is for charity and wants the thing sorted as soon as possible. So hopefully picture of my with novelty size charity cheque in this thread after the long weekend ;-)

Arciphel

Right, my wife just told me there is a letter at home from the Gallery of Photography for me so I am hoping it's the cheque this time, if so then it will be going to the SSF/boards.ie photobook cause. Will update later with picture of cheque and we can all do" our small victory against the man" dance online... once again thanks to the falcon-like artyeva for her eagle eyes in spotting the photo being used in the first place

artyeva

i got 'yo back

[i was standing beside him when he took it - recognised it instantly.]

glad it all got sorted anyway, and fair dues to the gallery for realising their error and putting things right.

Arciphel

Well, here it is - click on it for the full size image if you find the writing a bit small.



So that's that. I can't donate the money to the SSF as the cheque is made out to Barnardo's but I am sure they will put it to some good use. Fair play to the Gallery for resolving this, and especially to the director Tanya Kiang who remained good natured and open at all times to discuss the matter and get everything sorted out.

VisionaryP

Nice one, well done. Just about to go down the same road myself. The Sun printed one of my pics of George Hook on their front page on Friday, so I'll be invoicing them.

PCPhoto

The Sun Pay "space rate" and pay automatically (if you are on their system) - if you are not on their system ... just phone them up.

VisionaryP

Cheers PC. Called them, they said no-one at the picture desk, but they'll call me back.

jpb1974

@VisionaryP - How did The Sun get their hands on your photo?

VisionaryP

Submitted to them with very clear instructions - free to use if a byline is credited. A fee is payable if not. All rates, terms and copyright info imbedded in the exif data and the body of the mail.

It was part of a charity trip to Haiti, a pic of George with hurlers Richie Hogan and Niall Moran. They cut the hurlers and all mentions of the charity out (nice of them) and just used George for a completely different story (his spat with Dunphy).

Anyway, the crux of it is: no byline = they pay for the image.

Dublin_Gunner

PCPhoto wrote: »

totally agree with Paul here .... if they were before a court could they argue that they didn't know the law and should be let go because they were ignorant.

as a representative organisation (representing and displaying works of art/photography) .... they know all the rules of copyright and if they don't I'm sure they would be very quick to sue if the roles were reversed.

pretty poor excuse to try claim ignorance of the law - its about time that someone is held accountable for this sort of thing.

Ignorance of the law is no defence from it.

PCPhoto

the tabloids rarely print a byline for images.

I covered Schoolboy soccer for the Star for about 6.5years (they have not called since August) ...not once did I get a byline and on a number of occasions if there was a byline it was for their staff photographer - even if it was my pics.

I have argued about it with them - but then I've received no phone call the following week or two weeks so no work from them as a result of my grumbling.

CabanSail

This matter is now resolved.

Other matters can be discussed in their own threads.

Thread closed.