Photo Used Without Permission

[verbalan]

February 14, 2015 at 7:48 pm

Hi all,

I have a photo of a public event at an Irish festival that I took and posted on my Flickr page and Twitter. This Christmas I noticed that the company that runs the festival used my photo without my permission – they sent an email out to everyone (thousands) wishing them a Merry Christmas. It was my photo with their Christmas message and their logo over it. They did the same on their Twitter too.

I’ve been in contact with them and they say that another photographer had cleared use of the photo, claiming it to be their own, but since they confronted them about it, they’ve come clean and said it wasn’t theirs. Regardless of whether that’s true or not, they’ve asked me what the next step is.

I want to claim compensation for them using my photo without my permission and without giving me any credit. It’s not something they can amend either, having already sent it out to thousands. I don’t have much experience with this kind of thing, so I’m wondering if any of you could advise me, under the circumstances, of what you think a fair amount would be to charge them?

Thanks!

[Ashley]

February 18, 2015 at 3:06 pm

verbalan wrote:

..what you think a fair amount would be to charge them?

According to Alamy, they say it would be £29+VAT for the use of an image that they have already on file, for Commercial electronic use, i.e. for use on website and social media, worldwide for 5 years.

Personally I would say, it depends on what your Base Usage Rate is.

Either way, this is basically what you are now asking these people to pay you for…

.. so as they can then legally use your work, for whatever you have agreed to here.

Legal & Business Forms made available by the Association of Photographers.