tsl333

Need help! I bought a few photo's at a car boot sale. Subsequently sold them on & now being told they were copyrighted images nicked from t'internet so it's illegal & I could be sued!
As i had no clue about any of the copyright issues (no markings etc on the photos) how can I be liable??
Help - losing sleep!!!
Sammy.

DCI Gene Hunt

Tis true, there was a thread a while ago about a SNetter who had used a picture on his web site that was someone else's copyright....

He was sued for a million pounds and had to hand over all his property, including his car, his house, his wife, his bare knuckle fighting cage as well.....

I beleive he ended up moving to Iceland.... very sad state of affairs

bugeyeandy

Assuming you've sold them on Ebay I'd say it depends how you advertised them.
If legal action has actually been taken you need a real lawyer not a forum.
Got a link to your ad on Ebay?

bugeyeandy

DCI Gene Hunt ^ soothing Snetters since 2006

DCI Gene Hunt

What were the pictures, how did you manage to buy them from a car boot.. who did you sell them too..

Don't name names but a fuller description is needed to offer any useful assistance.....

tsl333

They were pictures of musicians which it transpires had been cribbed from a web site where they were copyrighted (but not encoded etc). We sold on via a stall at a music fair & some have made their way back to copyright holder. Just a threat of further action at the moment.

Simon C

All copyright is help by the photographer unless working for someone else or the copyright is bought by another party. ie if I take photo's of a band the record label can either buy the copyright off me or or in the contract take the copyright.

DCI Gene Hunt

You do realise that the old bought them from a 'car boot' is akin to bought them from a bloke 'down the pub'!

As you've re-registered to ask this question (newb) I suggest that there is more to this than meets the eye. In fact I'd go as far to say it was YOU that cribbed the photo's and used the old bought from a car boot excuse if you were ever caught.

Anyway, here it is... you have committed a criminal act, and will most likely be sued by the copyright holder. If you can provide details of the people who sold you the pictures it is likely that the case against you will be dropped. But I fear that as you bought them from someone in a car boot () and won't be able to actually prove this, they will assume you're telling a large porky pie and go for you instead...

Likely outcome you're fined on the basis of how many of these pictures its believed you sold.... pick a number!

You're soooo doomed

tsl333

OK, I understand that, but surely not every photo ever is copyrghted? I see hundreds of photo's which have no copyright markings thereon (front or back). It seems bizarre that I can be threatened with god knows what when I had no intent to avoid paying the copyright holder who i didn't even know existed!!!

tsl333

Try assuming I'm genuine & offer advice from that perspective please??

DCI Gene Hunt

Well I'll try .....

Spoon

Give that a read Copyright FAQ and ignore DCI, he likes picking on women, it makes him feel equal.

DCI Gene Hunt

I tried...

Look, you're doomed... it was copyrighted.... you failed to check, sold them on and as such broke the law... now take it like a man (or big moany time of the month PMT stylee lady)

The ONLY way out for you is to name the original seller.... well that or cough up the fine

DCI Gene Hunt

*irony moment*

WRX_Dazza

difficult one, this one.

i'm no expert, but i would make a suggestion to sort this out amicably.

send the profit to the copyright holder and explain that you had no idea and the money is a gesture on your part, so you haven't actually made any financial gain from the material.

or just bluff it out, if you can.

all the best

***Nemesis***

Under UK law any image is automatically copyrighted. It is no longer necessary to mark it as such. Pictures on the internet are also granted this protection and the person who copied them has breached the copyright.

Copyrights do expire eventually but unless these are very old images or have been deliberately placed in the public domain it is highly unlikely in this case. Chapter and verse can be found here .

Spoon

Nice edit, DCI. No brightness awards though.

DCI Gene Hunt

What edit? .... oh that one

Simon C

Nope, every photo is copyrighted from the moment the shutter release is pressed. Irrespective of markings.

Sonic'

As you mentioned women in your previous post, I only thought it apt to edit your post for accuracy

MK5

are you sure?

i collect 80's Ford Press Photos and these are anything BUT copyright. Ford wanted as many people as possible to use / publish them

Simon C

Someone will own the copyright thats a fact. My stuff gets used for press work but I own the copyright, I allow them to be used for that.

NeilT

I would consider what the copyright holder wants from you, it'll probably either be:-

a) money
b) an apology and a promise not to do it again

In a (possibly misguided) belief that all human beings are reasonable things, I would expect them to opt for b, whereby hopefully you would only need to explain your position and that you won't be selling them again.

We had some of our copyrighted stuff used by another company for financial gain some time back, I opted for b after a talk to our solicitors, which worked fine at sorting the problem.

I seriously wouldn't worry too much for now, if I were the copyright holder, I'd go for b (unless you were a billionaire, then perhaps b with a bit of a thrown in for good measure)

Neil

Hoppy

Good reply

Copyright can be massively complex but, in practise, is only ever a major problem if large sums of money are at stake. Take option b.

Unless things get really heavy, their solicitor's bills will be more than they'll ever get from you.

Richard.

PS How long have you been trading? How many transactions? And you still no Jack about copyright

dj_woodster

Hol

iTrader: (1)

I once copied and reposted a rather helpful thread quote made by DCI Gene Hunt, it got me very worried about copyright shortly afterward.







[A 'helpful' comment ]

But, then I realised that they were obviously fake and I stopped worrying

DCI Gene Hunt

I just might sue for slander instead..... DCI...."helpful"

Butty

iTrader: (2)

How many is "a few photos sold on" in this instance?

tsl333

About 20 so nothing major, although it transpires the real thing goes for circa 30 quid each (which equates to the total profit I made!!).

DCI Gene Hunt

Do you also sell copies of DVD's? ......