So I take a picture of some food and immediately post to it a food group on facebook. I want nothing for that act as it is not my job I make no money out of the group or the picture as the group is free. Somebody shares that picture – one of my friends. Wow they say that’s great. Somebody else naughty person comes along and copies the picture and puts it on a different page. They don’t have the grace to acknowledge that it’s mine even and sometimes they pretend that it’s theirs. Oh no I am upset now. What should I do. It’s protected by International Copyright laws !! Wo Ho I am home free now what should I do ? Lets look at a case study. All names changed to protect the innocent….. Let’s go and see the police. Hello Officer my name is Indigo Dennis Ian Oliver Roger Fluck my friends call me Idiot for short. I snapped a picture of some eggs & bacon the other day and put it on facebook. That’s very interesting sir please let me have your friend details I’d love to see that… No, officer the point is that another person that I used to be friends with has come along and copied it and then – dirty bastards – PRETENDED that they took the picture of the eggs and bacon. Long pause…….Officer ……And ? ………………Well I’d like you to arrest them. Officer rises puts hand gently on Idiot’s shoulder escorts Idiot to the door, saying we’ve had two deaths numerous robberies a gazillion thefts and burglaries N you want me to look into some pictures copied from a social media site…. Idiot is annoyed now so decides I am off to see a Solicitor. Telephones Solicitors firm who deal in Copyright law. Hello, I have had my copyright infringed I’d like to do something about it. Certainly Sir, you can see our Mr Smith. He’s one of the partners. Great when can I come in. Your welcome to come in once you have deposited £2000.00+ VAT (£2400.00) for your first appointment. I can give you our bank details or you can pay on a card. Do you do legal aid asks Idiot ? hello hello phone has gone silent they having put the phone down in response. On the other hand you may get someone who see’s Idiot before charging them for their valuable time. So sitting down in a nice plush office Idiot tells all about the copying of his Pictures. It transpires it wasn’t just egg’s and bacon but they’ve been taking his pictures of main courses and puddings too. All snapped by Idiot’s own fair hand. Some he has even put a copyright statement on. Occasionally he spells it right. So he has told his sorry tale. He is rightly aggrieved. He’s snapped some food and posted the picture and written a lovely review. All for no gain whatsoever. So does he own the copyright. I think so. Can he prove it. He has told me about the metadata. He’s done screenshots of his own pictures. As seen in casestudy one there isn’t really an enforceable criminal right to deal with this. It’s a civil dispute was the Officers parting shot. He hasn’t registered them with anyone or done what Pro Photographers do in sending them to themselves and keeping the postmark – but that was in pre-digital no meta data days. So can I sue. Well, I suppose he could. Once he knew the identity of the people who are doing this. But hang on there is an issue in the Copyright law. The Act in relation to Art – which pictures comes under talks about – the work to make the image the creativity. Is the creativity on a plate of eggs and bacon done by the cook or the snapper ? Another issue is that they may well say this is “fair use” I.e. they have copied it from one public domain and posted it in another public domain for no gain. I can look into that for you for another £1500 + VAT if you’d put your card in here and enter your PIN. There is another issue. If there is little or no commercial gain then what damages are available ? Ergh NIL !!! So, I could go and spend a couple of £1000 + VAT + Court issue costs to gain a judgement if some District Judge once he’d stopped laughing decided to give me judgement. Now tell me Idiot says the Judge what have you lost ? What have they gained. Oh, nothing as neither of us are acting inn a commercial environment. I’ll give you a stop notice on those pictures that you have particularised. Goodbye. Hang on Judge I won says Idiot. Can I have my costs please. Your in the Small Claims Court Mr Idiot there are no costs. Sorry Judge says Mr Sensible I offered Idiot in writing on the 1stApril 2014, 10p Damages and a promise to stop showing those he complained about. Oh Says the Jude- Mr Sensible, how much are your costs since the offer? £1500 +VAT is that ? Okay costs of £1800.00 – Costs awarded against Mr Idiot Fluck. Payable in 14 days.
Posted on: Sun, 20 Jul 2014 07:37:40 +0000