wiser user -acknowledgement.

Hi Baz

What do you say in your "copyright notice"? I had someone turn quite nasty on me after at first seeming nice. When I discovered the theft, he seems pleasant and suggested that I could contribute more photos in the future with acknowledgement and some financial recompense. I found a number of other photos taken from people I knew. After some months without the photo being removed or any acknowledgement of authorship I wrote again and the response this time was far from pleasant.

The biggest problem of course is finding your work has been taken. It is quite by chance that I have found my photo or wording taken for personal gain and passed off as if their own. This is probably only the tip of the iceberg.

Most of us don't mind if asked, but are very angry if our work is taken and we have not been asked. Many don't even want acknowledgement, but some do. I have seen or been shown "pinched" photos used on different forums a number of times. Once told of the breach, moderators usually remove the photos.

Hi MH

The approach I have taken is to send a notice that it has infringed copyright and there is some good information and pro-forma’s you can use on the following website.

Copyright Infringement Detail

I don’t necessarily look to profit from my work and if I come across copyright infringements I send a note informing they have infringed it and depending on how it is used ask they make a donation to the Royal Flying Doctor Service. Equally I have many people approach me via my website asking can they use, and again, I get them to make a donation to the RFDS and most do.

I don’t go looking for them constantly, but every so often I will drop a photograph into “Google” and it will show you websites it appears on, if any.

Most people respond to the letter I send, but mind you pursuing beyond this is extremely costly as it will involve copyright lawyers. Also, another problem is if it is in another jurisdiction.

The key thing for all EO contributors to understand is that simply acknowledging copyright and the owner is not sufficient. You cannot publish something you don’t own without the express permission of the copyright owner.

The problem these days is that the web crawlers pick up the photos and people think that because they are on the world-wide- web that they are free to be used - they aren't and many have found that to be costly.

A copy of the letter I use follows.




[Date]

[Insert name]
[Insert address]

Dear Sir/Madam

I am the owner of copyright [insert name or description of work] (the Work).

As copyright owner, I have a number of exclusive rights under the Copyright Act 1968 (Cth). These exclusive rights include the right to reproduce the Work, and to publish and communicate the Work to the public (including by way of sale, broadcast or putting the Work online).

It is an infringement of copyright to do any of the acts comprised in the copyright in relation to the whole or a substantial part of the Work, or to authorise such an act, without the permission or licence of the copyright owner.

It has come to my attention that you have [insert way in which they have breached your copyright. If applicable also insert dates. For example: "photographed my work and published it in your online publication dated the 10th of April 2007"]. As you have failed to seek permission or a licence from me to do so, your conduct described above constitutes infringement of my rights of copyright.

To rectify this infringement of my rights, I require that you undertake to:

1. Immediately stop infringing my copyright;

2. Provide me with AU$200.00 (invoice enclosed) for the use of my work to date; and

3. Remove the image from the website or enter into a licence with me for future use of my work;


You can confirm your acceptance of these undertakings by signing and dating a copy of this letter and returning it to me within 21 days.

You are now on notice as to my copyright in respect of the Work. If I do not receive an adequate response within 21 days of this letter, I will take such action as I may be advised in order to protect my rights including, without limitation, legal action for injunctive relief or to recover damages without further notice to you.

I otherwise reserve all my rights.



AGREED:


_____________________
(signature)

Thanks Baz; much appreciated. I had not seen the linked site either. Most of my reading has been from Australian Copyright Council www.copyright.org.au.

We had a story told on another forum by someone who found their professional photo used, a photo he would have accepted around $50 if asked. He wrote to them and included a bill for a much larger amount. The response was rude, including to his follow up by phone, so he sent the company another even larger bill. They agreed to pay the lesser amount. He sent them an even larger bill again for his time, and the company agreed and paid up many times more than what he would have charged if asked. The business should have known better in the first place.