spooks
newbie
Reged: 23/06/2009
Posts: 2
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Hi all
I'm new to the forum so forgive me for jumping straight in with a request for help!
I would like some advise regarding a photograph I took of someone who was at the time doing volunteer work for my company. The image was taken with the intention of using it on the company team profile page of our website.
This person is no longer working with us but has now started up his own business in the same line as ours, he is now using the image I took of him on his own website as well as other websites advertising him or his company.
The person is not a model and was not paid for the image, it was taken during one of our events at which he was currently working.
As far as I can see I would have ownership, being the photographer and owner of the camera.
I have contacted him and requested that he cease using the image or if he was to continue to credit the picture to me. He has emailed back stating that as he did not sign a model release form that he has every right to use the image and will continue to do so.
It is my understanding that a model release form would only be needed should we wish to use the image - however we do not - we simply want him to stop using it!
The only spanner in the works is (as far as I can tell) that he is saying that I sent him a copy of the image via email, I honestly cannot remember if I did or not, but would have only done so in order for him to give his opinion on it before it was uploaded on the web.
Can anyone help or point me in the right direction?
Thanks for reading!
Sara
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OneTen
'Two Breakfasts'
Reged: 23/06/2003
Posts: 4111
Loc: Lancashire
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Hi Sara, from what you've said you have copyright and he has no right to publish the image. Even if you emailed him a copy, as the photographer you still retain the copyright.
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Richard .......... My Flickr
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Bettina
Kein Titel
Reged: 12/02/2004
Posts: 4762
Loc: London
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As Richard says. As he is now using it commercially, you are also in a position to charge him for the picture use.
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Bettina
http://www.vibrantpictures.co.uk
Vibrant Pictures on Flickr, My Blog
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TheFatControlleR
Hoograh!
Reged: 24/04/2001
Posts: 16539
Loc: The Disenchanted Forest
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Question is: is it worth pursuing?
Is this a real commercial concern, with tangible commercial ramifications, or something more personal?
Perhaps a strongly worded letter form your solicitor.
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TheFatControlleR
'Everybody is in favour of free speech. Hardly a day passes without its being extolled. But some people’s idea of it is that they are free to say what they like, but if anyone says anything back, that is an outrage.' - Winston Churchill
Tolerance makes everything boring, we need more conflict! - Slavoj Žižek
'Live fat, die young, and leave a self-basting corpse for the burn up...' - TFC
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Bettina
Kein Titel
Reged: 12/02/2004
Posts: 4762
Loc: London
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Thing is, this volunteer is now in a competing position. Can the OP be sure that if she didn't email the picture, it could've been copied from her computer ... alongside buyers/client lists, business plans etc.
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Bettina
http://www.vibrantpictures.co.uk
Vibrant Pictures on Flickr, My Blog
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TheFatControlleR
Hoograh!
Reged: 24/04/2001
Posts: 16539
Loc: The Disenchanted Forest
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Quote:
Thing is, this volunteer is now in a competing position. Can the OP be sure that if she didn't email the picture, it could've been copied from her computer ... alongside buyers/client lists, business plans etc.
That's an entirely separate issue, and if proven to be the case, one of negligence on one part and theft on the other.
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TheFatControlleR
'Everybody is in favour of free speech. Hardly a day passes without its being extolled. But some people’s idea of it is that they are free to say what they like, but if anyone says anything back, that is an outrage.' - Winston Churchill
Tolerance makes everything boring, we need more conflict! - Slavoj Žižek
'Live fat, die young, and leave a self-basting corpse for the burn up...' - TFC
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RonM
Alpha Romeo
Reged: 26/04/2001
Posts: 4307
Loc: Scotland
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Quote:
As Richard says. As he is now using it commercially, you are also in a position to charge him for the picture use.
Send him an invoice for Ł5K for use of your copyright image, that might make sit up and take notice
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Ron BSRIPN
Life is a Learning Opportunity 
My Flickr
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GlennH
stranger
Reged: 12/05/2005
Posts: 388
Loc: Paris
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At the very least - you own copyright and can legitimately request that this photo is not used. Whether you emailed it or not, it has now been stolen.
Like TFC though, I'd question whether or not it's worth pursuing - even more so as you are willing to accept a photo credit as payment.
The only thing that would drive me to persist in the threat is your subject's flagrant ignorance regarding copyright, coupled with apparent arrogance.
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Glenn
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deddard
addict
Reged: 11/03/2008
Posts: 460
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First off, tell him to forward the email that you 'sent' to you.
If you did indeed email him, there will be a track of when and where it went in the header details.
Secondly, Model Release forms save headaches, but are not strictly required anyway. As he was working for you (the volunteer part makes no difference) you can argue that he was on your time, and therefore expected to be available for this sort of shot (as long as there were no objections at the time).
As he had already approved the shot (presumably) then he doesn't have a leg to stand on.
However, if the image is worthwhile, you should demand a printed credit on or around the picture wherever it is, and offer a non-exclusive licence provided the image is used appropriately with the credits.
By doing so, you have shown that not only do you have the legal high ground, you also have the moral high ground.
Just to throw a spanner in his works, you can contact his Web Host and inform them that you have not given your permission for the image to be used, and that you will take action against them for violation of copyright
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spooks
newbie
Reged: 23/06/2009
Posts: 2
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Hi all
Many thanks for all your responses to my dilemma.
The resolve I would like is for him to stop using the image; I'm not looking to gain payment.
After I posted on here I did quite a bit of research with The British Institute of Professional Photography who again confirmed the copyright is mine as I thought.
I just wanted to be 100% on facts before I took the matter further.
I was also advised that I could contact any of the websites hosts displaying the image explaining the breech of copyright (as one of you have rightly stated too) this will be my next step if need be.
Thanks again everyone!
Sara
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Paul_R
That didn't take long!
Reged: 16/06/2006
Posts: 2356
Loc: Middlesbrough, England.
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Quote:
Hi all
Many thanks for all your responses to my dilemma.
The resolve I would like is for him to stop using the image; I'm not looking to gain payment.
After I posted on here I did quite a bit of research with The British Institute of Professional Photography who again confirmed the copyright is mine as I thought.
I just wanted to be 100% on facts before I took the matter further.
I was also advised that I could contact any of the websites hosts displaying the image explaining the breech of copyright (as one of you have rightly stated too) this will be my next step if need be.
Thanks again everyone!
Sara
Can you let us know how things develop? 
P.S. Just re-read my email and no pun intended 
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Regards, Paul CRIPN
http://www.pbase.com/exposethelight
Edited by Paul_R (24/06/2009 23:32)
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LargeFormat
Pooh-Bah
Reged: 24/10/2006
Posts: 1908
Loc: Cumbria and Buckinghamshire
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Quote:
Hi Sara, from what you've said you have copyright and he has no right to publish the image. Even if you emailed him a copy, as the photographer you still retain the copyright.
And you retain the copyright until 70 years after you have died. 
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