Likely Damages

If you are worried about infringement or your work has been copied and you want to take action.
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Lumberjack
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Likely Damages

Post by Lumberjack » Thu Apr 14, 2016 8:31 pm

Recently, someone published a book that is being sold on Amazon with a photograph that I took, and also hold the copyright of, on the front cover!
I was not asked permission for this, but wonder idly what sort of compensation could I reasoably expect for this infringement if I pursued it?
I must stress that I am not going to pursue it, no matter what I could get for it. I sold him a print of it for about 20p, 34 years ago, (in fact I sold lots of prints of it to lots of people at that time). I still have the negative, but it would not give me any great satisfaction to wring a few (or even a few hundred pounds ) from him. The book was not very complimentary to the service I was in at the time, and was quite annoying to myself and my colleagues. What I did do, and which gave me much more satisfaction, was to write my own book on the same subject with the same image across the cover! My own book sold out very quickly, so I have made my profit from it. I would probably never have written it if I had not been so annoyed by his publication!
Al

Nick Cooper
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Post by Nick Cooper » Fri Apr 15, 2016 9:49 am

The NUJ rates will give you an idea. Use of a photograph on a cover obviously attracts higher rates, as the whole point is to be eye-catching enough to draw in potential buyers.

I presume from what you say that you probably would not have agreed to the use of the photograph on such a book, which may have been an important factor, had you wished to pursue it.

Lumberjack
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Post by Lumberjack » Fri Apr 15, 2016 11:03 am

In view of the contents of the book, I would certainly not have agreed. Normally, if anyone asks, I just give permission and forget about it, but after this, in future, I will ask for more details of the contents as I would not wish my images be used to give offence to anyone!
This is the book and the image is definitely mine because the wave formations are exactly the same:
I took it from a helicopter, and it is extremley high quality, in fact probably the best photograph I ever took. http://www.amazon.co.uk/Falklands-War-S ... 1471639991
I belonged to the centre ship, and a large percentage of the book is very critical of her and her company.
Neverthless, I haven't the slightest intention of pursuing this matter, having successfuly come out with a true account of events that has not insulted anyone or any ship, and sold out within a year of publication But I do feel sore about it!

PS
You can read extracts of the book in the link, and see that it was not exactly a tactful publication!
Al

Nick Cooper
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Post by Nick Cooper » Fri Apr 15, 2016 12:19 pm

It looks like very painful reading, and one wonders whether he has clearance for any of the mutliple other images he uses....

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