Sort of a question about copyright

Superphil

Dismember

Jul 7, 2003

25,419

In a pile of football shirts

• Nov 4, 2013

• #1

NSCers with a bit of knowledge, sort of about copyright, a question for you. I've been alerted to a website, and a seller on eBay (same company) who has used images that have been posted on my website to produce prints of football shirts, which he is now selling on both his website and on eBay. I was contacted by one of the posters on my site complaining about this as he didn't want his images used like this. They are definitely images taken from my site, some have only ever been posted on my site, and some are in fact my own photos.

In response to a message I sent the seller he has said that he makes these prints using images that people have emailed him, so he assumes that the images are legitimate for him to use.

So NSC, whilst I am not overly fussed about this, others might be (indeed one person is), is there a legal precedent here, should this person be seeking permission before he uses these, or any other images? Can he use the argument that he didn't know, and to quote part of his reply to me "I'm not sure how I am meant to vet them".

 

Last edited: Nov 4, 2013

Kumquat

New member

Mar 2, 2009

4,459

• Nov 4, 2013

• #2

I might be wrong here, but doesn't it depend on whether you've copyrighted the images on your website? I always assumed that you have to state clearly that images can't be reproduced without permission.

 

Wozza

Shite Supporter

Jul 6, 2003

23,616

Online

• Nov 4, 2013

• #3

Copyright automatically belongs to whoever took the photos. Giving a website permission to use/license an image doesn't affect or lessen the owner's basic rights - if that's what you're asking?

 

Hornblower

Well-known member

Jul 7, 2003

1,707

• Nov 4, 2013

• #4

Wozza said:

Copyright automatically belongs to whoever took the photos. Giving a website permission to use/license an image doesn't affect or lessen the owner's basic rights - if that's what you're asking?

Click to expand...

This is correct. Unless the originator of the image has assigned the copyright to a third party, the copyright will be owned by the originator. The 1988 Copyright Designs and Patents Act says that as soon as a work is in physical form (which would include digital) then copyright exists and nothing else needs to be done to establish copyright. The chap who is trying to plead innocence through ignorance is not immune from a claim for breach of copyright. The Government is trying (not very successfully) to put in place legislation that will deal with orphan works (works that a user cannot find the owner of) and extended collective licensing and part of establishing that a work is in fact 'orphan' is that the user must have conducted due diligence search to find the owner. Clearly in the case of this chap, he has not performed the necessary due diligence search as if he had he would have been able to establish the copyright owner and seek their permission. In short, he's banged to rights.

 

Westdene Seagull

aka Cap'n Carl Firecrotch

NSC Patron

Oct 27, 2003

21,005

The arse end of Hangleton

• Nov 4, 2013

• #5

Superphil said:

In response to a message I sent the seller he has said that he makes these prints using images that people have emailed him, so he assumes that the images are legitimate for him to use.

So NSC, whilst I am not overly fussed about this, others might be (indeed one person is), is there a legal precedent here, should this person be seeking permission before he uses these, or any other images? Can he use the argument that he didn't know, and to quote part of his reply to me "I'm not sure how I am meant to vet them".

Click to expand...

He shouldn't "assume" he should take reasonable steps to ensure the pictures aren't somebody else's copyright. Ignorance is no defence.

 

Creaky

Well-known member

Mar 26, 2013

3,842

Hookwood - Nr Horley

• Nov 4, 2013

• #6

Advise the copyright holder, (ie the person who posted the picture on your site), to contact eBay directly using the following link - eBay are very quick at removing items that infringe copyright.

http://pages.ebay.co.uk/help/tp/vero-rights-owner.html

 

Superphil

Dismember

Jul 7, 2003

25,419

In a pile of football shirts

• Nov 4, 2013

• Thread starter
• #7

Thanks for the information, I though that ignorance couldn't be used as a reason, from what you've said it sounds like he really should be getting permission. I shall use what you've said and respond to him accordingly.