Can you imagine the surprise I got ....

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13 years 7 months ago #15377 by Midge
when reading this weeks issue of the High Country Herald, I see a photo of myself taken years ago with a herd of my handraised weaners, in an advert for a Stockfood Company[:0][:0][:0]

Naturally I've phoned said Stockfood Co, who say the HCH designed this new advert for them just recently. When the Stockfood Co. viewed the ad before it went to the printers, HCH were asked who was the lady in the photo and whose photo was it? they said they didn't know, it was a photo they'd used for this Stockfood Co. adverts in previous years[:0]

Well that's one ad that certainly caught my attention :D

I've asked quite a few questions and will hopefully hear from the Herald tomorrow.

They've obviously pinched the pic from a website and there are only two websites on the net that I would have put this pic on. I don't need this when I'm trying to get a start in selling my photos!!

[SIGPIC][/SIGPIC]Cheers[:)]
www.jerseycows.co.nz

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13 years 7 months ago #233735 by maggies mum
Replied by maggies mum on topic Can you imagine the surprise I got ....
Cheeky blighters! Hopefully you will receive some sort of recompense! Is that the right word...must be it made by brain ache!

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13 years 7 months ago #233740 by reggit
If they pinched your photo from a website, you most definitely can ask for recompense :D I know as our web designer did this on our site with someone else's photo without me realising and we ended up having to pay in the order of $200 for the use...but that wasn't for an ad, I'd expect them to pay more for that.

I have a couple of friends who are professional photographers, would you like me to ask them what the going rate is so you know what ballpark to ask for?

Take a break...while I take care of your home, your block, your pets, your stock! [;)] PM me...

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13 years 7 months ago #233752 by Isla

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13 years 7 months ago #233756 by Midge
Yes please Tigs - that would be very helpful :) If it's any help, the paper prints 10,000 copies per week. I don't know yet how many times it was used or if indeed the same advert was printed in other papers around the country. One would tend to think it may have been.

As an aside, I've never used their brand of milk powder[B)]

[SIGPIC][/SIGPIC]Cheers[:)]
www.jerseycows.co.nz

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13 years 7 months ago #233760 by Pergle's Wood
Replied by Pergle's Wood on topic Can you imagine the surprise I got ....
Well, as you probably already know, copyright belongs to the person that pushed the button. If you pushed the button, and you can show it because you hold the original picture, you are entitled to compensation for them using it. They could argue that you don't own copyright as you are in the picture and therefore couldn't have pushed the button. The amount of compensation is based upon the use to which the photo was put, and should be at such a level as to put off future copyright theives. Go for the jugular!

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13 years 7 months ago #233764 by The Kats Place
Maybe they should donate you several bags of milk powder to use so they are not 'false advertising'[;)]

kats
Live your life in such a way that it will be easy for people to say nice things at your funeral [;)]

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13 years 7 months ago #233945 by Midge
Well I'm now in fighting mode!!
The woman from the Herald phoned first thing this morning full of arrogance. Tried to fob me off by saying that as there was no copyright symbol on the photo, they were quite entitled to dowload and use it[:0] What a load of bullocks! After I pointed out a few facts she apologised and said she'd withdrawl the photo in the ad. Contradictory to what I was told by the stockfood co. yesterday, woman from HCH says it was only downloaded recently and has not been used before.

After HCH's disappointing attitude, it will take more than a few bags of CMR to appease me now.

[SIGPIC][/SIGPIC]Cheers[:)]
www.jerseycows.co.nz

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13 years 7 months ago #233949 by ame
Yes, but who does own the copyright?

A

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13 years 7 months ago #233957 by Pumpkingirl
Midge if you took the photo, the copyright is yours, no matter who you on-sell it to, or even if you just lend it out.

Every photo has implied copyright unless there's something like the agreements used on Wikipedia that say it is copyright-free (and just to emphasise not every photo on Wiki says this, but some do).

They do need to pay you, and I would be sending them an invoice. I'm afraid I only know about one-off uses of an image, rather than on-going image use as from what you've said, they've used it more than once?

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13 years 7 months ago #233958 by ame
Midge was *in* the photo. Who took the photo?

A

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13 years 7 months ago #233960 by Pumpkingirl
That's a good point - did you take the photo of yourself Midge? Or did someone else take it for you on your camera, on their camera with the intention of giving it to you as yours?

It would get a bit tricky if the image was taken by say a professional photographer, or the local newspaper or anyone else you gave permission to come on to your property and take your photo.

Then you could argue about the model not having signed off the useage (and probably lose) but not copyright.

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13 years 7 months ago #233963 by Midge
Hiya's, it was either my mother or hubby that took the pic. It won't be difficult to locate the negative.

The lady from the stockfood co. now says that maybe she didn't get the story right when she quoted the HCH as having said they'd used the pic in the past and assures me that the advert hasn't and won't appear in any other publications or issues of HCH. If that is correct, it has only appeared in yesterdays issue - 10,000 copies distributed.

The owner of the American website, from which the pic was downloaded, is also very unhappy about this and is looking into the matter from her end.

Most of us smallholders love to see photos of other members animals so I'd hate to see this type of stealing by media put us off posting pix.

[SIGPIC][/SIGPIC]Cheers[:)]
www.jerseycows.co.nz

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13 years 7 months ago #233965 by maggies mum
Replied by maggies mum on topic Can you imagine the surprise I got ....
I would think that regardless of who or what the copyright issue may be, if you do not want your face used in an advertising campaign then they shouldn't use it!

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13 years 7 months ago #233969 by cowmad
Can you show us offending photo or a link to it. My curiousity is getting the better of me:)

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