What to do if an Irish newspaper uses your photograph without permission

With the advent of social networking and photo-sharing websites, the question of what to do if a newspaper uses your content without permission is becoming a more frequent one (boards.ie, YourTechStuff.com, al et). Here's what you can do:

First, to explain: All content is copyrighted once you take a photograph, write a blog post etc. So, you own the copyright to photos you take, the videos you record, and the text you write. Nobody is allowed to use your content with out your permission. You do not need to register or do anything along those lines.

If a newspaper uses your image you have a number of options, including:

• GET THEM TO PAY YOU: Ring them up and ask for the picture desk. Ask what they pay for images of the same size and placement as they used your photo, then send them a bill. We've written about this before, at least some will pay. You may even want to try to charge over their standard rates -- its up to you. If they pay you, this would likely exclude you from using both of the below options.
• COMPLAIN TO THE PRESS OMBUDSMAN: The Ombudsman has previously told this site that plagiarism is covered under Principle 3 - Fairness and Honesty of the Code of Conduct which all national newspapers and most local papers subscribe to. You'll need to contact the newspaper to complain first, it is explained how to make a complaint on the website of the Press Ombudsman.
• CONTACT A LAWYER: Taking a court case for a breach of copyright would likely be unrealistic, unless you have just won the lotto and want an inventive way to spend your money. And while a letter from a lawyer should be taken more serious by newspapers, it will cost you too, unlike the options above. According to the Press Ombudsman's website, it is not advisable to engage the services of a solicitor before/while making a complaint as the newspaper will also engage its legal advisers, which will most likely take the issue out of the hands of the editor.

For written content, complaining to the Press Ombudsman is the most realistic option as this will be more highly contested by newspapers, or ignored if you simply ask them for payment.

Comments

[Paul Neilan]

If they don't pay you, you issue a solicitor's letter. Full stop.

[David Molloy]

Interesting stuff. I didn't realise that the Press Council covered plagiarism and copyright too. It's not something I've seen in their documentation and it's not something they've actively informed their member publications about.

Judging from your linked post in which you originally spoke to them, it sounds like they're awaiting a "test case" scenario.

[Cian]

@ Paul, most people could not afford to take on a case against a newspaper.

@ David, indeed it does sound like they are waiting a test case.