|
| Author | Thread |
|
|
03/01/2003 07:04:25 AM · #1 |
Not sure if anyone can advise here.
I ride a Motorbike during the summer. Last year I had a very small accident whilst on a ride-out with a few friends. One of the accesories I have added to my bike are some crash protectors that help minimise the damge to the fairings, etc in the event of a crash.
I had my camera with me, so I took some photo's of the crash and one of them was a close up of the crash protectors which had pretty much done their job. Although the crash protector needed replacing, the damage to my bike was very minimal, although it was visible in the photo.
Now, the company that I purchased the crash protectors from do the rounds at various bike shows in the UK, supply a number of racing teams and have a website.
When I ordered replacement crash protectors, I also e-mailed the company a few of the pictures with the intention that they could use them in photo albums that they take to the variuos shows in th UK in order to show prospective customers how they work and where they fit on different models of bike - OK, no problem.
A while later, I also noticed that they had used a couple of my images on their website under "crash of the month", a light hearted section of their website - once again, no problem.
Now, here's the thing. I have just purchased issue 1 of a brand new biking magazine in the UK. In the ads section at the back, the company in question has taken out an advert. In the advert they have used one of the images of my bike that I supplied them. The image has also been cropped to hide the small bit of damge that my bike did sustain.
So, here's the question. Although I quite obviously forwarded the images to the company of free will with the intention that they be used in their photo albums - I did not give them (or the magazine) permission to publish them, nor to alter them (crop in this case).
The magazine has obviously made revenue from selling the advertising space and the company in question has submitted an image for inclusion in their advert that they do not own the copyright to.
Do I have any recourse on this? And if so, how do you recommend that I approach it.
Any advise gratefully recieved.
Roy
|
|
|
|
03/01/2003 09:33:53 AM · #2 |
Hi Roy,
Assuming the laws in the UK are similar to those in the US:
It is near to impossible to quantify with any accuracy, additional revenue generated solely from a picture. If the company changed the picture and ran the campaign a second time, would the results change?
If the second campaign failed or exceeded the one using your picture, would this be due solely to your picture? The point Iâm trying to make here is; You gave them the picture. there is nothing to link you to their continued successes, so as a result, the courts would not offer you anything.
As I see it you have basically three choices.
1- Let them continue using your photo and pat yourself on the back for being a good photographer.
2- Ask if you can receive photo credits in the future, so others can pat you on the back. :)
3- Ask them to refrain from using your picture. :(
Any compensation for your photo should have been agreed upon âin writingâ when you awarded them the photo. So as it stands, you really have no recourse.
I hope this helps Roy. - Post the picture, We'd love to see it.
|
|
|
|
03/01/2003 10:12:21 AM · #3 |
Thanks Gotcha
I didn't Think I would have much comeback as I forwarded them the image in the first place. However, I didn't give them permission to publish it, and I am suprised that the publishing Co' didn't confirm copyright ownership before accecpting the Ad - Ho Hum, put that one down to experience.
As for the image, it's just a snap shot taken for my records, so nothing special there. The company did crop the image to hide the damage to my lower fairings and engine cover. Hmmmm, I wonder if that is misrepresentation? :-) as the image they chose to publish gives the impression that no damage was sustained to the bike.
Guess I might be able to blag a discount out of them next time :-)
Message edited by author 2003-03-01 10:16:53. |
|
|
|
03/01/2003 10:55:54 AM · #4 |
And here is what happens if you don't use them ;)
Note the dent in the tank and everything else has cracks.
(Old image, lousy editing)
And btw, this was a write off, engine bent in frame, front suspension bent, subframe bent, engine covers scratched to hell and a lot of minor stuff.
Message edited by author 2003-03-01 10:58:56.
|
|
|
|
03/01/2003 11:14:51 AM · #5 |
| Ouch!!!! - Hope no-one was hurt!!! |
|
|
|
03/01/2003 01:06:23 PM · #6 |
No, fortunately not.
See that road in the back?
I was going to fast for the conditions (1 degrees celsius wet winter road on cool tyres) through that corner to brake enough for the roundabout. My mind was busy with something else, I went into the corner to fast and braked too late.
The right corner onto the roundabout could be done, flicked it to the left to make the turn (I should have made it a full right -enough clean runoff area-, but my first intention was to go straight as planned). I got into the corner pretty well, turned in deep too be able to make it, but I had to go even further and that's when the rear came round. It lost grip.
I was already close to the ground, so I made a soft landing and slid on my arse across the road. The motorcycle slid on at somewhere between 50 to 70km per hour and hit the outside curb of the roundabout. It went up, made a clean loop in the air and smacked into the ground.
Stupid mistake, not paying attention in bad conditions for the speed I was travelling at. :(
The good thing is that I got myself a new one.. :)
Message edited by author 2003-03-01 13:07:47.
|
|
|
|
Current Server Time: 06/16/2025 06:28:44 PM  |
Home -
Challenges -
Community -
League -
Photos -
Cameras -
Lenses -
Learn -
Help -
Terms of Use -
Privacy -
Top ^
DPChallenge, and website content and design, Copyright © 2001-2025 Challenging Technologies, LLC.
All digital photo copyrights belong to the photographers and may not be used without permission.
Current Server Time: 06/16/2025 06:28:44 PM EDT.
|
