Online news website butchered my photo!

[JaySteel]

Hi everyone,
I was recently contacted by a news website that wanted to use one of my adder shots to accompany a story on adders that they were preparing.
I checked out their site and looked at the standard of photos that they were currently using with their stories. The quality was very low and most shots looked as though they'd been taken on a camera phone. At this point I guessed that the company didn't want to pay for using my photo and would expect it for free. I emailed them back and asked them to give me exact details of their requirements and we'd discuss it further.
They replied saying that they needed a small 1MB file ASAP. By the time I got home from work it was too late to meet their deadline and I replied with an apology and with my phone number should they want to discuss anything anyway.
They didn't reply and when I checked out their site today they have run their adder story and used one of my images from my website. Usually I'd be upset about this but they butchered my image so badly to get around any copyright issues that I'm just glad my name has been cropped out of that photo!


Here's the original image on my website (it's the 6th one down):
http://www.jasonsteelwildlifephotogr...com/adders.php



And here's what they've done with it ( you may have to scroll through their three images):
This is Essex | Hot weather brings snakes out of hibernation


Best regards,
Jason

[g8ina]

Then you send them an invoice for £65 on principle !!

[Lancashire Lad]

Disgraceful contempt of your property and rights by a commercial organisation.

The photo is still clearly recognisable as the same image. The fact that they butchered your photo, removed your copyright details, and published it without your permission even after contacting you, is taking a gross liberty with your intellectual property.

They shouldn't be allowed to get away with it, because if they do, it will just be one more reason to continue with that sort of liberty taking.

I would do exactly as g8ina has said, and send them an invoice. - £65.00 sounds extremely reasonable in the circumastances!!

I would take the opportunity to copy the evidence (get screen shots at least) so that they cannot dispute that they published the photo - and on what date.

I would send them copies with the invoice stating that you will take this up via the legal system of small claims procedure if they don't pay up within 28 days.

Regards,
Mike.

[JaySteel]

Thanks for your replies. I've just read through our correspondence and I can't see anywhere that I gave them the impression that it was ok to use my image free of charge:


----- Original Message -----
From: Newsdesk - ECS
Sent: Tuesday, June 21, 2011 6:05 PM
Subject: COPYRIGHT PERMISSION


Hi Jay,

Loving your adder pictures on your website!
We've got a story about adders for this week and I wondered if we can use one of your pictures?
Can you let me know ASAP as our deadline is tomorrow morning.

Thanks

Paul

Paul Dent-Jones | Deputy Editor This is Essex. News, views & business listings from Essex's Community


Hi Paul,
Thanks for checking out my website and for your kind words regarding my adder photos. If you can give me some more details about your photo requirements then we can go from there.

Best regards,

Jason


Hi Jason,
We'd like to use one of your pictures to illustrate our story about adders in Essex. We really only need it to be 1MB or more.
I particularly like the one of the adder hissing.
Have you got a phone number that I can call you on just that we're on our deadline this morning, and I'd like to get things moving if possible.
Thanks

Paul


Hi Paul,
Sorry for the delayed response. I've only just got in from work. I should imagine it's now too late and you've probably past your dead line but if you wish to contact me then my phone number is:

07855 ******

Best regards,
Jason

[Kayleigh]

I cant see the image they published I can see a collie with 2 women have they removed it..

What a cheek take it further dont let them get away with this and I would contact another gutter press and sell them your story..

God, I hate tabloids...

[Lancashire Lad]

Originally Posted by JaySteel

....I can't see anywhere that I gave them the impression that it was ok to use my image free of charge:....

If that was the full extent of the correspondence, they haven't got a leg to stand on!!

Originally Posted by Kayleigh

I cant see the image they published I can see a collie with 2 women have they removed it....

Hi Kayliegh, you need to click on the right arrow, on the bar just below the "collie" photo to see Jason's photo, and then a third photo of the dog that died.

Regards,
Mike.

[Kayleigh]

Originally Posted by Lancashire Lad

If that was the full extent of the correspondence, they haven't got a leg to stand on!!

Hi Kayliegh, you need to click on the right arrow, on the bar just below the "collie" photo to see Jason's photo, and then a third photo of the dog that died.

Regards,
Mike.

Cheers Mike,
I didn't see it, have now, this is so wrong and a blatant rip off..
They even had the cheek to contact Jason to ask then use it anyway.

[JaySteel]

Thanks again for your replies. That was the full extent of our conversation. I took a screenshot as soon as I noticed what they'd done this afternoon. If I contact them now then I expect they'll just delete the image. Would I be better off waiting and taking screenshots for the next couple of days and then send them an invoice?

Best regards,
Jason

[Lancashire Lad]

Originally Posted by JaySteel

....Would I be better off waiting and taking screenshots for the next couple of days and then send them an invoice?....

I don't think that you would need to wait - but it won't hurt to take a screen dump every day in the interim until the situation gets settled to your satisfaction. (You should also be able to download and save the entire webpage to be viewed offline, in which case it wouldn't matter if they subsequently deleted the photo).

Some useful information here: -
P-05: Copyright Infringement - Information fact sheet
Intellectual Property Office - Enforcing copyright
It won't hurt to quote from those either - it will make them sit up and realise that you mean business!

Since you have this statement "Please don't steal my work. All photographs are copyright protected and remain the property of Jason Steel © 2006 -2011. Please contact me if you wish to use any of these images", on the homepage of your website, along with your contact details (which they clearly used), I can't see any way they can dispute this "cybertheft" of your image.

Regards,
Mike.

[Tobyh]

Jay,

Sorry to hear what's happened. Haven't got anything to add other than they are stunning images no wonder they wanted to use them. Shame they made it look so bad.

TobyH