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Thread: Terms and condition breached?(Legal Chat Part 2)

  1. #1
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    Default Terms and condition breached?(Legal Chat Part 2)

    Background:
    After posting some events pics on CS,a lady PR Exec for a company,PM me n ask for permission to use the pics in a female performer's blog.conditions by her r that the photos posted will be credited under my nick.I gave her the green ligh n told her usage in the blog is ok as long as the pics have no commercial value and are credited to me.

    After that,I was invited to shoot as a "Guest Photographer" for their show.They would let me shoot if i let them use the pics in same female performer's blog . Again same requests by the PR n same Terms n Conditions from me as above.

    Situation:
    It has come to my attendtion that the 2 sets of pics r used in her company's n partner's websitea.However,they did credited the pics in both sites to me.As both sites are for commercial use,n my T&C is that no useage if there's any commercial value,did they breach my T&C?Due to a PC's prob,I had to format the PC n lost all emails info.The SMSs which i have does not mention on the T&C or her agreeing to it.

    I was told I have limited advantage over this matter should i wish to take action.
    What's ur view?

  2. #2
    Member TheQuestion's Avatar
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    Default Re: Terms and condition breached?(Legal Chat Part 2)

    Quote Originally Posted by syc77 View Post
    Background:
    After posting some events pics on CS,a lady PR Exec for a company,PM me n ask for permission to use the pics in a female performer's blog.conditions by her r that the photos posted will be credited under my nick.I gave her the green ligh n told her usage in the blog is ok as long as the pics have no commercial value and are credited to me.

    After that,I was invited to shoot as a "Guest Photographer" for their show.They would let me shoot if i let them use the pics in same female performer's blog . Again same requests by the PR n same Terms n Conditions from me as above.

    Situation:
    It has come to my attendtion that the 2 sets of pics r used in her company's n partner's websitea.However,they did credited the pics in both sites to me.As both sites are for commercial use,n my T&C is that no useage if there's any commercial value,did they breach my T&C?Due to a PC's prob,I had to format the PC n lost all emails info.The SMSs which i have does not mention on the T&C or her agreeing to it.

    I was told I have limited advantage over this matter should i wish to take action.
    What's ur view?
    can u prove they are using ur work commercially?
    Opinions are like A-holes. Everyone's got one.

  3. #3
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    Default Re: Terms and condition breached?(Legal Chat Part 2)

    the pics r posted in both their company's n her partner's website.

  4. #4
    vince123123
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    Default Re: Terms and condition breached?(Legal Chat Part 2)

    Here was my input as sent to syc77 over email some time back:

    In my view, yes, they would have breached the conditions of your license granted to them.

    The layman would think that "aiya ack, I lost the "proof" that we agreed that no commercial use, die lah like that, no black and white".

    However, copyright is a powerful creature. Copyright is property right granted to you and you can license it to whoever you want, on whatever terms you want. If you don't like it, you can change it anytime you want (unless you granted an irrevocable license, which honestly, I doubt you did. Not mentioned = never did)

    In this case, what I'll do is:

    1. Tell them that you object to use in a commercial sense and that they should remove it from the commerical use sites if they want to continue using.

    2. If they disagree or ask you for black and white, then tell them you are the copyright holder and if they don't compy, you will revoke all licenses for ANY type of use, and all use, such as blogs and the like, are now infringing.

    You do not need to prove anything, as copyright holder, you can vary the terms of the license at any time you want (unless you specifically contracted otherwise). Proving the breach is just an avenue to obtain damages.

  5. #5
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    Default Re: Terms and condition breached?(Legal Chat Part 2)

    Quote Originally Posted by vince123123 View Post
    Here was my input as sent to syc77 over email some time back:

    In my view, yes, they would have breached the conditions of your license granted to them.

    The layman would think that "aiya ack, I lost the "proof" that we agreed that no commercial use, die lah like that, no black and white".

    However, copyright is a powerful creature. Copyright is property right granted to you and you can license it to whoever you want, on whatever terms you want. If you don't like it, you can change it anytime you want (unless you granted an irrevocable license, which honestly, I doubt you did. Not mentioned = never did)

    In this case, what I'll do is:

    1. Tell them that you object to use in a commercial sense and that they should remove it from the commerical use sites if they want to continue using.

    2. If they disagree or ask you for black and white, then tell them you are the copyright holder and if they don't compy, you will revoke all licenses for ANY type of use, and all use, such as blogs and the like, are now infringing.

    You do not need to prove anything, as copyright holder, you can vary the terms of the license at any time you want (unless you specifically contracted otherwise). Proving the breach is just an avenue to obtain damages.
    wow thats something new to take away from. input

  6. #6
    vince123123
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    Default Re: Terms and condition breached?(Legal Chat Part 2)

    You're welcome. Hopefully I can help to give more of such nuggets of information so that the community here can benefit from it.



    Quote Originally Posted by sprintist View Post
    wow thats something new to take away from. input

  7. #7
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    Default Re: Terms and condition breached?(Legal Chat Part 2)

    update on the case.

    I told the company to remove the pics by 6th Mar n they agreed to remove them.the email was dated on the 4th.
    As of the timing of this post,9th Mar @ 0040hrs,the pics r not removed.think they calling my bluff?

  8. #8
    Member TheQuestion's Avatar
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    Default Re: Terms and condition breached?(Legal Chat Part 2)

    Quote Originally Posted by syc77 View Post
    update on the case.

    I told the company to remove the pics by 6th Mar n they agreed to remove them.the email was dated on the 4th.
    As of the timing of this post,9th Mar @ 0040hrs,the pics r not removed.think they calling my bluff?
    dun waste time liao shoot lawyer's letter.
    Opinions are like A-holes. Everyone's got one.

  9. #9
    vince123123
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    Default Re: Terms and condition breached?(Legal Chat Part 2)

    I suggest you politely remind them of their promise to remove the pics by 6th Mar and it still hasn't been done. It could also be due to the fact that 7 and 8 are weekends.

    Quote Originally Posted by syc77 View Post
    update on the case.

    I told the company to remove the pics by 6th Mar n they agreed to remove them.the email was dated on the 4th.
    As of the timing of this post,9th Mar @ 0040hrs,the pics r not removed.think they calling my bluff?

  10. #10
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    Default Re: Terms and condition breached?(Legal Chat Part 2)

    they removed 1 set of the pics from both sites.
    but set up a link from the sites to the blog to get the pics.haiz..
    Last edited by syc77; 10th March 2009 at 12:52 AM.

  11. #11
    vince123123
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    Default Re: Terms and condition breached?(Legal Chat Part 2)

    You can always vary the terms of your license to prohibit linking if you wish

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