I gave permission to use one of my photos, BUT I didn't know this (if I ask removal)

[Red_Rattler]

(Rats, a few more spaces needed in titles!)
I gave permission to use one of my photos, BUT I didn't know they were going to do this.

I gave permission by submitting it, to use one of my photos for a hard copy version, however I did NOT know that it would be included on their internet site. I only found it by accident. If I ask that the photo be removed from their internet site, must they comply, and does that include any text that may have accompanied the photo?

While I am uncertain, I have a feeling that they may say that we have a right to use it on our internet site (& yes this photo is train related).

Edit: I'm sorry if this is in the wrong section.

 

[oknotsen]

Could you tell us what the exact words of your permission statement was, preferably a quote of when you did?

This stuff usually comes down to the details, so one word different or missing or extra might make your whole permission statement interpretated different.

A few things to keep in mind:
What country are you and the other party in?
What does the local law say about it?

Whatever is the case, I doubt it involves the tesx that accompanied the photo, unless this is your text and is part of the permission statement.

 

[Red_Rattler]

I don't want to say too much (& I may PM you with more details if I'm able) about it at the moment, but in summary, they asked if I've got a picture that shows XYZ. I did send it to them, but did not know that it would be sent to their website.

 

[Dermmy]

Depends a bit on what the picture is, where it came from and who is 'Them' and what is 'their website'. It's all just a bit cryptic at the moment...

 

[Euphod]

You could always consult a lawyer to be told that "I can have that removed and get damages as well!" Then you can strung along for an outrageous period of time, pay enormous fees, and not see the outcome you were told of anyway. At least that's the way it seems to work. Good luck!

 

[shaneturner12]

It's all in the detail I'd say. In effect, if you don't want something to appear somewhere else, don't give them permission.

Shane

 

[airtime]

It all depends on "the permission you gave to use your photo" and "how the photo was going to be used by the third party".

The first question is... "how did you obtained the photo", if you got it off the internet, then you don't have much of a leg to stand on. However, if you took the photo yourself, then a time/date stamp mark will be added to either the negative of the photo or on the camera screen, this is the proof you need to state that the photo belongs to you, but you have to watch out for the following...

Did you have permission to take the photo.?.

and

Did you have permission to distribute the photo.?.

These are two minor points they could have on you, depending on what the photo was, and where in the world it was taken.

Now with regards to the internet, once an image has been uploaded to the World Wide Web, copyright seems to be very vague, as different country's have different rules on copyright, and some country's have no copyright rules at all, this is were I believe your going to hit a sandstorm.

Now you might be able to get them on other issues, depending on what they are doing with your photograph. If they are claiming the work belongs to them, and you have enough proof that it does not, then you might have a case.

My advice is, contact the person you gave permission to use the photo, and ask, don't demand, just ask for it to either be removed from the website, or to add a note, detailing were the photo came from, nine times out of ten, they will comply with what you have asked, if they don't comply, then I would suggest that you seek further help.

I have to agree with Shane above with his comment... if you don't want something to appear somewhere else, don't give them permission.

I hope the above helps in some way.

Joe Airtime

 

[Red_Rattler]

The first question is... "how did you obtained the photo", if you got it off the internet, then you don't have much of a leg to stand on.

It is my photo

Did you have permission to take the photo.?

No permission is needed in public

I sent it privately thinking it would only end up in this company's paper version. I did not know they were going to publish it elsewhere.

 

[shaneturner12]

That's why it's important to read before committing. Quite often, submitting photos grants a publication a non-exclusive license for publishing within certain extents, which can include the Internet.

Shane