Just to keep people up to date with what were dealing with, this is the reply I got with names removed ..
‘Since the last time we spoke, I have been on to X from Y he said he was going to sort things out with you, as I said to you before we can not pay for photos that were used to promote Y because they were not charged for the feature. If we were paid by Y for the feature I would be I a better position to pay you for the photos. Also one more thing the images that were used were taken from Y?s website and at that time there was no watermarks or information saying that you owned the rights to the photos, so there was no way of us knowing that they were your photos.
I am sorry, but there is nothing more I can do about this matter.
Please call me and let me know how you get on with X
What a lame reply. If you innocently sell me a stolen car that you innocently bought off someone else and I find out it’s stolen, the judge isn’t going to be interested in you telling him “I’m sorry your honour, I didn’t know the car was stolen” – you still handled stolen goods. Similar principal applies here. Are these guys thick?
I wouldn’t waste any more time with them. They are the guilty party, not you.
In a situation like this I would always contact my solicitor first and have them deal with it. The magazine should also pay your legal costs as they are at fault.
That’s a really weak reply. As Thorsten says, ignorance is no defence in the eyes of the law, though this shower seem to have it in spades! Get your solicitor on to them