Anyone Know Anything About Intellectual Property?

To cut the long story short a map I created from scratch of the nature park I volunteer at has been used by the council without crediting me for it or my consent.

Mr Jane argues that because my map was made for that charity they don't need to credit me for it. I have been credited elsewhere where it has been used by the charity but the council have not. I always thought that the person who created the work will always be credited for it.

Do I have any grounds to kick up a stick about this or not?

Thanks everyone

 

Absolutely!

 

I dunno if I have enough weight to do legal action. All the council did was use my image on a leaflet that is really only used in one area for today. I want to just complain. I doubt I could get any compensation for it anyway.

 

The press? Really?!

 

The image is used elsewhere and I have been credited with it on 100,000 leaflets with it in it. So I assumed it was the norm to credit images to their creators. I still want an apology from the council and am looking into who I need to contact, who organised the event etc.

I do agree that the charity is also at fault for not crediting the image and know that the blame will be passed around.

I was in tears about this earlier as I was so angry. I've had a lot of setbacks and negativity with my creative work recently and this was the straw that broke the camels back as it were.

 

I've experienced similar situations but my understanding is that it's very difficult to get far legally and will probably cost you far more in both effort and frustration than you will gain.

Perhaps a letter to both the charity and the council asking that if they want to use the image again you would like to be credited would ensure that the council knows how to contact you. You might also suggest that as they liked your previous work you would be happy to accept a commission for any future event!

 

How about if the council have made a genuine (or naive) mistake in using the image?

Surely the first thing to do is to point out to them that they have used an image which is not in the public domain / free-to-use, and see what they say. They may well apologise / offer to pay or credit you etc.

If they tell you to get lost THEN tell the press / sue them, whatever.

Sorry, but those suggesting that the FIRST port of call is to tell the press need to, in the words of Michael Winner, Calm Down!

Bottom line is that if you create an image / literary work etc. it is your copyright. You don't have to DO anything, copyright is implicitly granted to the author, although it may help if you mark it as copyright ('coz then there is no excuse for naively using it by mistake, given that you have put a crystal clear "keep off the grass" sign on it )

 

Please, please, please take the following in the spirit in which it is intended..................

What was this leaflet for? A charitable event? A promotional day? A commercial event?
Where did they find the image and were your rights as the artist acknowledged at this source?
Frankly, I would email the council pointing out what has happened. Make it clear that although you are happy for your work to be used for charitable/ social causes as a commercial artist it is not unreasonable to expect permission to be gained and credit given. This is your livelihood.

No. If they had any interest in it at all I fear that you may be the butt of the joke. People are always complaining about small minded councils........................


I have some relevant experience here. I went into a supermarket and noticed that one of my photos was being used on the packaging of a plant that they were selling. Now I will admit that (as it was a s/market chain) I saw red, asked for the manager and told him to remove the packaging from this item and to notify the management that this should happen nationally too. After 15 minutes on his computer he was satisfied that I was straight up and he gave me a £50 voucher to back off from my demands. In all fairness to him I did have an email address for the packaging manufacturer from him by the end of the day and they were very prompt in replying and paying for the image. They have bought three more from me since (and the total for all four images is less than the £50 voucher I got).

 

The leaflet was used to advertise the event going on where I volunteer. A new Thameside path was opening and the council had an event there to launch the app for it. A guided walk was taking place and the map I produced had been used and doctored to show the walking route. I thought this was only used at the nature park, but re reading it, it sounds like it may have gone a lot further.

Am writing to the council now and am still contemplating what to do about the said charity who supplied the image to them, which is where I suspect the fault lies.