photo copyright

lamialex

Hello,

Not sure if this is the right place to talk about my issue.
I have found some other threads on that subject which were helpful but not related enough to my query.

Here is the issue:
I have taken some pictures and gave a JPEG copy of them to someone (I never give away my RAW pictures) so they can use them as long as they would credit my name on those pictures. There are no trace of that discussion, it was all verbal and pictures given via usb, not emails.

This person and I don't talk anymore and I have just realised that as a consequence they have stopped credited my name on the pictures cause this person is upset with me but they still keep using my pictures, not upset enough obviously...
This person is using the photos on their personal website to promote concerts that the person performs.

I was never asked for those pictures to be on the website. At first, they were used on facebook so by being so did it made those pictures not my property anymore?

Or do I have a right to contact the webmaster of that website and ask politely to either credit my name or remove them? I have the RAW version so it would be easy to prove they are mine.

Thanks for the help.

halibut2209

lamialex wrote: »

do I have a right to contact the webmaster of that website and ask politely to either credit my name or remove them?

Looks like it, from what you've said. You own the copyright and so unless there is a contract in place which allows him to use them in this way, then you are entitled to ask for removal and/or credit

marvin

If they are placed on Facebook the presume right to use them you do not give away your copyright, they also presume the poster has the right to use them, technically you can ask them to be removed but in practice too difficult and unless causing serious harm best left alone.

Yes you have every right to ask them to be correctly credited or removed from the other website no matter if permission has been given in the past you have the right to remove permission at any time.

I am constantly having to get web masters to change things on sites as either the correct permissions have not been sought and they think everything is theirs to use or they simply have not followed the rules given in the permission.

Here is a copyright page from one of my websites (having looked at it notice it needs updating!)

Collabora

halibut2209 wrote: »

Looks like it, from what you've said. You own the copyright and so unless there is a contract in place which allows him to use them in this way, then you are entitled to ask for removal and/or credit

Not as simple as that, You would need to demonstrate that you are the copyright holder. A webmaster would be the persons who site it is ( the person you gave pics too) and will most likely ignore you and without a court order you are stuck unless the site is hosted on a USA server and then you can submit a DCMA takedown notice. http://www.dmca.com/FAQ/How-can-I-file-a-DMCA-Takedown-Notice to the websites host

lamialex

Thank you!
Is there any legal document I can refer to when emailing the webmaster?

Marktheshark

Why give them away in the first place ?
A "credit" is worthless, you either get paid or you don't.

lamialex

This is the web design company who created the website where my pictures are:
http://www.localstanding.co.uk/

They probably haven't got a clue that my name should be credited and that they are my pictures.
The domain name is UK but not sure about the hosting, I am not sure where to check if it is US or UK.

lamialex

Marktheshark, not necessarily, you may want to help out an artist who starts out just like you and who is a friend or a friend of a friend or family; or to help promote your work because right now you care more about exposure than money. But I see your point, you should always try to get paid for your work but it is not that easy and simple.

lamialex

UK webhosting I found so cannot apply the US law unfortunately :-(

marvin

Marktheshark wrote: »

Why give them away in the first place ?
A "credit" is worthless, you either get paid or you don't.

Everybody has a different motivation for doing things they are not always commercial.

Collabora

lamialex wrote: »

Thank you!
Is there any legal document I can refer to when emailing the webmaster?

That link will give you a sample letter to use. You can send this to UK host, but they are under no legal obligation to act on it, but a lot will act on it