Copyright issues

[fabianaino]

Hi ,
I need some mature advice on some copyrights issue.

I shot for a monthly stage performances some time ago ( about 4 times ) for an events company on a win win situation in a sense that I get to practice as well as providing the performers photos of their own performance. These are not paid assignments.

I loaded these on to a free site and had listed the "Creative Commons Attribution-Noncommercial-No Derivative Works License" on the home page clearly. the link is here.
http://creativecommons.org/licenses/by-nc-nd/3.0/

They are free to download their own photos. But recently I realised that the event company has been using my photos on their promos flyers without my notice.

Can anyone advise if I have the rights to have a case with them? A Case, meaning seeking legal suits against them. I want to know what rights I have against them.

Please ask me also what I should have done to protect my works.

 

[drumma]

I think it's a common mistake amongst budding photographers.did u have any contract for any terms of usage for both parties?

 

[vince123123]

Hi fabianaino,

You first need to clear two hurdles:

1. Who owns the copyright?
2. Has the the event company infringed copyright.

For the first question, I'll say that for the most part, if you were not paid to do the shoot, and if you did not receive any special benefit from the organisers (it can be as simple as a drink even), most likely, copyright belongs to you.

Assuming this is the case, lets move on to the next question.

In posting your photographs on the Internet, and stated the conditions of use as being the creative commons license; anyone who wants to use the works have to comply with the creative commons license.

Accordingly to your link, those conditions are "attribution, no commercial purpose, and no derivative works".

The question is then, does promotional flyers constitute commerical purpose. I would think so.

However, even if not, if you are the copyright holder, you can alter the conditions of use at any time you want, unless the license granted is "irrevocable"; meaning you can change the rules anytime you want.

If now you decide that promotional flyers are not allowed, then state so on the webpage, and send a letter to the events company informing them that their continued use is now infringement.

On the whole, I'll think you have a good case against them.

Hi ,
I need some mature advice on some copyrights issue.

I shot for a monthly stage performances some time ago ( about 4 times ) for an events company on a win win situation in a sense that I get to practice as well as providing the performers photos of their own performance. These are not paid assignments.

I loaded these on to a free site and had listed the "Creative Commons Attribution-Noncommercial-No Derivative Works License" on the home page clearly. the link is here.
http://creativecommons.org/licenses/by-nc-nd/3.0/

They are free to download their own photos. But recently I realised that the event company has been using my photos on their promos flyers without my notice.

Can anyone advise if I have the rights to have a case with them? A Case, meaning seeking legal suits against them. I want to know what rights I have against them.

Please ask me also what I should have done to protect my works.

I think it's a common mistake amongst budding photographers.did u have any contract for any terms of usage for both parties?

 

[fabianaino]

No .. nothing concrete on paper. But doesn't I reserve the rights when the photos are not commissioned by anyone?

Or has I renounced my rights the moment I posted them online? :dunno:

 

[vince123123]

1. You dont reserve the rights, you own the rights.

2. You do not renounce your rights by posting them online.

No .. nothing concrete on paper. But doesn't I reserve the rights when the photos are not commissioned by anyone?

Or has I renounced my rights the moment I posted them online? :dunno:

 

[fabianaino]

oops .. Hi Vince, I just read yours.

Yes I do think that the promotional flyers have a commercial intent too.
At least now I know I have my rights and most likely have a case.

 

[Deadpoet]

Creative Common License is irrevocable.

Go tell the event company to comply to the terms of the Creative Common License.

Then at the end of the day, what would you have achieved?

You yourself need to determine what is the outcome that you sought and then you go get it.

 

[vince123123]

Eh, irrevocable meh?