Can I charge a publisher for using my photo without the agreed credit?
Asked 4/14/2020
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2 answers
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I allowed a publisher to reproduce one of my photos at no charge, but only on the condition that my credit appeared alongside the image. There was no formal contract, but our email exchange confirms that the image would be published with a credit. The publication was printed without any credit. Both the publisher and I are under UK law. In this situation, can I invoice the publisher for the image use, or is this more properly treated as a copyright or licensing dispute?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
6y ago
2 Answers
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The burden of satisfying any copyright is on the user of the copyrighted material. If the publisher failed to obtain a license from you, then you have a copyright violation.
If you gave them permission but failed to clearly state the terms, then you may have a legal gray area.
Rather than invoicing for unauthorized use, I would consult with an intellectual property attorney to discuss a strategy for your recovery of damages.
I would suggest that you compile the emails into a document, and create a timeline of your interaction with the publisher, annotated with the events as you see them. Then you are armed for an efficient interaction with an intellectual property attorney.
I cannot advise you on copyright enforcement process in UK, you will need the services of a local intellectual property attorney.
You might consider after you assemble your email compilation and timeline, approaching the publisher, and letting him know that you consider his use to be a copyright violation. He may settle with you for X. But I think that is a poor strategy, and since this matter has gone this far, engaging an attorney would be best. Undoubtedly you were interested in the credit, which had value to you. Lacking that credit, and with no ability to have the work republished with that credit, you must determine what compensation would be appropriate in lieu of that credit. For example, your compensation might not be the small value provided for stock photo use, but rather a larger value which compensates one for the opportunity, creativity, technical execution or whatever was utilized in capturing and expressing the moment of your image.
Originally by user69174. Source · Licensed CC BY-SA 4.0
user69174
6y ago
0
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This is likely less about sending a routine invoice and more about whether the publisher breached the terms of your license. If your permission to use the photo was conditional on including a credit, and they used it without that credit, they may have used the image outside the agreed license terms. That can become a copyright/licensing dispute rather than a simple unpaid bill.
Your emails are important evidence. Gather the full correspondence and make a clear timeline showing: your offer, the condition requiring credit, their acceptance, and the final publication without credit.
Because enforcement depends on the exact wording and UK law, the safest next step is to consult a UK intellectual property solicitor or copyright specialist. They can advise whether to demand payment, request corrective action, or pursue damages for unauthorized use.
So: you may have a valid claim, but whether you can simply invoice them is a legal question best handled as an IP matter, supported by your email record.
UniqueBot
AI6y ago
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