Posted by Nigel Blake on September 1, 2007 at 4:10 AM
This morning I had a flick through the reissued "Wildlife of Britain" (WOB) partwork, currently being advertised on TV by Bill Oddie, A look at the picture credits revealed that it is not updated from the first incarnation as it had several images that had been obtained via (the now non-existent due to bankruptcy) Bruce Coleman Ltd (BCL).
The point here being that I, and no doubt others on this forum, had several images used in this partwork and I would like to know how we are likely to get our royalty payments, obviously, the likely hood is that they may go to the insolvancy practioners so we won't see a penny.
As the Bruce Coleman company is no longer trading I feel that the publishers of "Wildlife in Britain" should recontract the use of the images with the photographer(s) concerned, after all I no longer have a contract with BCL as it is no longer! and as such I would assume the publishers are using the images in breach of copyright.
I have contacted the publisher of WOB and as yet have not had a reply.
What are other peoples views on this issue?
I've not been very active of late due to keeling over with blood clots in my lungs, however I'm back on the mend.
Posted by David Kjaer on September 1, 2007 at 4:18 AM
Hi Nigel
Sorry to hear you have been unwell and hope you are on the road to full recovery. I think I had a few images in this series so I will have a word with my agent to see if they have renegotiated publication fees!
Regards
David
Posted by Barrie Harwood on September 1, 2007 at 4:22 AM
Hi Nigel
Sorry to hear you have been unwell (understatement - very nasty and glad to hear you are getting better).
I too sell a lot of images for publication although not generally Natural History. As you know, when you sell an image, you are selling (generally speaking) a licence to use an image for a specific purpose and for a specific length of time so this situation should be very straightforward.
When you sold an image, you (or your agent) either sold it to the publication with an unspecified length of use (i.e. Royalty Free but I'd be very surprised at this) or you didn't.
If you did - then of course they CAN publish as and when they wish however if you didn't, (which is more likely as I say), then they have absolutely no right whatsoever to reuse the images without purchasing a fresh licence from you or your agent.
I do hope you all manage to get this sorted
Barrie
Posted by Nigel Blake on September 1, 2007 at 4:37 AM
Many thanks to you both.
My concern is because my image sales to WOB were via Bruce Coleman Ltd, when they went into insolvency they owed me and many other photographers a good deal of money, so I would be very aggrieved to lose the fees for these image sales to the insolvency practitioners, especially as its 2 years since the demise of BCL
Posted by Barrie Harwood on September 1, 2007 at 4:49 AM
The liquidators would have no right to take any payment anyway as far as I can see as this would be a new transaction after the official date of liquidation. The asset being 'sold' does not belong to the company in liquidation and therefore the liquidators have no control of that asset and cannot benefit from the proceeds of the sale.
Good luck
Barrie
Posted by Nigel Blake on September 1, 2007 at 4:51 AM
Thankyou very much Barrie, that confirms my understanding of this.
I guess it really depends on the wording of the license that BCL and the publisher negotiated. They may have rights to reprint/another bind-up and such like. As you've challenged the publishers...and I guess others will now that they've been alerted it may be as well to ask to see their license for those pictures. As BCL is no longer trading it should not be able to collect any monies, and as they where agents for you and didn't own the rights to the pictures, then as Barrie said, the Liquidators should have no rights to any relicensing rights or fees.
As with everything in this world...it may be as well to chat to your legal eagles and find out their thoughts on this. Sometimes think it would be worth retraining and specialising in Copyright Design & Patents....so much money to be made there (by solicitors!) these days.
I would phone them as stating that you are a photographers whose image(s) have been used in their publication. As you are unware of any license that allows them to use said images, but accept that they may have such, could they please send/fax you a copy of the license that allows them to use your work to you directly. If they say it is with BCL, explain that you would ask BCL directly if it where not for thate fact that this agency has ceased trading, hence you are asking them.
If they don't send/fax a license agreement I would take that as an admission of potential guilt and ask to speak directly to the owner - not the editor.
If you are fair, respectful and direct with your questions I think you will get a satificatory response.
Keep us up to date.
T
Posted by Nigel Blake on September 1, 2007 at 9:10 AM
Thanks Tom, this is basically what I have done by e-mail and intend to follow up with a phone call on Monday.
My reason for posting here was as much to let other photographers who may have had work in this publication via BCL know that I was following it up, and they they may want to do the same.
Posted by adrian davies on September 2, 2007 at 2:12 AM
I am in a similar prosition to Nigel, though had withdrawn my images from BC before the bankruptcy so didn't actually lose any money (I don't think!). Thank you for following this up as I bought a copy of the magazine with the same intention. I will be really interested to hear the response!
Adrian Davies
www.adriandaviesimaging.com
Discussion
9 repliesThe point here being that I, and no doubt others on this forum, had several images used in this partwork and I would like to know how we are likely to get our royalty payments, obviously, the likely hood is that they may go to the insolvancy practioners so we won't see a penny.
As the Bruce Coleman company is no longer trading I feel that the publishers of "Wildlife in Britain" should recontract the use of the images with the photographer(s) concerned, after all I no longer have a contract with BCL as it is no longer! and as such I would assume the publishers are using the images in breach of copyright.
I have contacted the publisher of WOB and as yet have not had a reply.
What are other peoples views on this issue?
I've not been very active of late due to keeling over with blood clots in my lungs, however I'm back on the mend.
Nigel
http://ngbdigital.blogspot.com/
http://ngbjets.blogspot.com/
Sorry to hear you have been unwell and hope you are on the road to full recovery. I think I had a few images in this series so I will have a word with my agent to see if they have renegotiated publication fees!
Regards
David
Sorry to hear you have been unwell (understatement - very nasty and glad to hear you are getting better).
I too sell a lot of images for publication although not generally Natural History. As you know, when you sell an image, you are selling (generally speaking) a licence to use an image for a specific purpose and for a specific length of time so this situation should be very straightforward.
When you sold an image, you (or your agent) either sold it to the publication with an unspecified length of use (i.e. Royalty Free but I'd be very surprised at this) or you didn't.
If you did - then of course they CAN publish as and when they wish however if you didn't, (which is more likely as I say), then they have absolutely no right whatsoever to reuse the images without purchasing a fresh licence from you or your agent.
I do hope you all manage to get this sorted
Barrie
My concern is because my image sales to WOB were via Bruce Coleman Ltd, when they went into insolvency they owed me and many other photographers a good deal of money, so I would be very aggrieved to lose the fees for these image sales to the insolvency practitioners, especially as its 2 years since the demise of BCL
Good luck
Barrie
I guess it really depends on the wording of the license that BCL and the publisher negotiated. They may have rights to reprint/another bind-up and such like. As you've challenged the publishers...and I guess others will now that they've been alerted it may be as well to ask to see their license for those pictures. As BCL is no longer trading it should not be able to collect any monies, and as they where agents for you and didn't own the rights to the pictures, then as Barrie said, the Liquidators should have no rights to any relicensing rights or fees.
As with everything in this world...it may be as well to chat to your legal eagles and find out their thoughts on this. Sometimes think it would be worth retraining and specialising in Copyright Design & Patents....so much money to be made there (by solicitors!) these days.
Good luck and let us know how you get on.
If they don't send/fax a license agreement I would take that as an admission of potential guilt and ask to speak directly to the owner - not the editor.
If you are fair, respectful and direct with your questions I think you will get a satificatory response.
Keep us up to date.
T
My reason for posting here was as much to let other photographers who may have had work in this publication via BCL know that I was following it up, and they they may want to do the same.
Adrian Davies
www.adriandaviesimaging.com