copyright issue (business)

[MDUK]

we publish a free, community magazine. We wrote an article on a local amateur group that asked us to do a story on them. They supplied photos to go with the article. We received a solicitors letter saying that the copyright for the photo we used belongs to their client (who is not a member of the group)

Apparently he took the photo a long time ago, they thoughT 'as a favour' (friend of a friend)

I feel that as the picture was submitted to us 'as theirs' the copyright issue lies between them and the photographer but I simply don't know.I can't afford to deal with solicitors. No payment has been given or made for the article.

Can anyone advise please

Did the photograph have a copyright label of some description on its face or a rubber copyright stamp on the reverse?

Your defence is that you recieved the photo from another person, and that you published it "in good faith"

Why dont you offer to publish an explanation in the next issue. Explain that you are not a "commercial" profit making organisation.

the photo was not marked but I have since googled this question and found that this doesn't matter.copyright remains with the photographer.

it is a commercial publication, we sell ads to pay for it but we include local information, such as amateur groups for free.

i am more concerned about what we may (if anything be liable for - or if he has any redress against us)

they were received in good faith

I would phone the photographer and offer to run a short correction saying 'Apologies to XXX, the photographs accompanying our XXX story should have been credited as XXX. See more at plonkerswebsite.com"

But I would also firmly explain that as you had the images supplied to you by the group in good faith any disagreement he has is with them.

Are you a member of NUJ or similar? Think they do free legal advice for members.

Hi there

I'm a pro photographer and I'm afraid that copyright does lie with the photographer.
I know you published the photo in good faith, but legally it is up to you, the publication to check your sources and where the copyright lies.
So in the eyes of law, yes, you...or rather your publication would be liable. So not the group as the poster above suggested, but you.

I don't think the correction would cut it if he already did go down the solicitor's route.
I would, however, get in touch with the photographer and personally explained what happened and that the image was printed in error.
You may also want to offer a photographer a small job for the future publication...maybe he can take photos to go with the article you're planning to do and pay him accordingly.

Most photographers that I know would go for that...nurture the possible relationship with the publication rather than sue you.
Try it and let us know how you got on.

Actually, in that case Marisi, The photo was published in IGNORANCE and not in error.

Hello
I have some experience of this....I agree with Marisi's suggestion. This would best be sorted out between you/the photographer, and - if you can get them involved - the contact in the group who asked the photographer to take the photos.

If that fails, I am happy to help you draft a reply to the solicitor - I would suggest you argue that the photographer was asked to take the photo of the group solely in order that the group could use the photo for publicity; in effect therefore the photographer "licensed" the group to use the photograph for publicity purposes, and they in turn licensed you to use it for those purposes.
That, if accepted, is a complete defence.