Jason Parlour

Jason of many trades : Maker & Fabricator, Engineer, Massage Therapist, Presenter, Photographer, Web Developer, …

Tag: copyright

  • Following up on copyright

    In follow up to my previous post:

    The US ‘director’ who had included one of my photos, against my permission, hadn’t just put them on YouTube, but iTunes, mySpace, blip.tv, vodpod.com, Facebook, and LiveLeak.com!

    Every one of those websites has now thankfully removed the video in question (if you see it anywhere else, please do let me know).

    Thankfully the ‘director’ has now also realised he was in the wrong (at least with my image), and has re-edited the video to miss out my image and a few others images by the looks of things.

    —

    Other breaches of copyright on their own website:

    In relation to the magazine wrongfully using my images on their website, without my permission:

    The court hearing was yesterday, and in summary; their counter-claim was dismissed, and my claim was upheld in full.

    This was on the basis of restrictive use of each image was clearly outlined prior to use, that the charges for unauthorised use were clearly published and referenced in the supply communications prior to use, and the invoice for unauthorised use was therefore completely valid.

    The defendant has now therefore been ordered to pay the original invoice (£1,500+VAT for 3 images), plus interest, plus compensation, plus the legal and other costs incurred. (A total charge that is now nearly twice the price of what they could have paid, if paid promptly.  Which of course is also significantly more than if they’d simply paid for and been granted permission in the first place!)

    So if anyone reading this is thinking of using any images by Jason Parlour Photography without my written permission (and without paying the fee to do so), please do think again.  I do take action, all the way to court.

  • Strange understandings of basic copyright, by ‘professionals’

    I find it quite incredible some people’s misunderstandings of basic copyright, especially by those who are in supposed to be in the business professionally!

    We’re currently taking further action against a UK magazine to whom we supplied a number of images under a very clearly restrictive usage licence for printed publication in a specific issue of the magazine.  The magazine then went on to reproduce them on their website, against the clear limited permission granted, and then seemed shocked when we sent an invoice for their unauthorised use.

    ——

    Then over the weekend, I was notified of a self-titled ‘producer/director’ in the USA (with 15 years in the business apparently), who copied another of our images, digitally removed the company logos, added his own logos instead, and used it in a ‘commercial parody’ to help promote his own services (combining it with a bunch of other videos and stills from other people, with his own voice-over).

    Upon requesting that he remove the image from the video due to the clear breach of copyright, his incredulous response was:

    Unfortunately, permission is not required under the United States Copyright Law’s doctrine labeled “Fair Use”. In short, The “fair use” exemption to (U.S.) copyright law was created to allow things such as commentary, parody, news reporting, research and education about copyrighted works without the permission of the author. That’s vital so that copyright law doesn’t block your freedom to express your own works , I will not remove the image from my ###### parody commercial.

    Thankfully YouTube have upheld my request, and the entire video has now been taken offline with a credit to Jason Parlour Photography in its place.

    It amazes me the way some people try to work, especially when the fees to legally reproduce my work is so accessible!