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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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What rights do I have when a magazine goes to print using unauthorised

Resolved Question:

What rights do I have when a magazine goes to print using unauthorised material of mine which is out dated and also creates a new advert which wasn't approved or sent over to me for approval but goes to print and invoices me for advertising up hadnt agreed to.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.
Hi Jo, thanks a for your contact. From January until April of this year, I wan a series of quarter page adverts with a local magazine. During this time twice they forgot to include elements of my advertising and at the end of March I emailed to say I was withdrawing from all future advertising. By this stage I had completed and. Pad for everything I had agreed two, the last artwork I submitted was in March for the April edition. In each edition I always changed the discount date. This week I received the May publication and in it was an advert which had an expiry date of March for the month of May, in addition to there being a separate advert using an image for what I was meant to appear in forum April which they forgot to include. They used my images,obtained text from somewhere which they placed on the image and we to print. I had no idea any of this had happened as had not suppliers or agreed to any further Advertising a with them, I never supplied any artwork, and never agreed to. Any advertising. Thierry went to print, the magazine has Ben distributed, I have been invoiced and inside the magazine is two quarter pages one with an expired date advert and the other which contains a bunch of words from somewhere using an image I had provided for something completely different. As a business do I have any rights
Customer: replied 3 years ago.
Hi Jo, thanks a for your contact. From January until April of this year, I ran a series of quarter page adverts with a local magazine. During this time twice they forgot to include elements of my advertising and at the end of March I emailed to say I was withdrawing from all future advertising. By this stage I had completed and paid for everything I had agreed to. The last artwork I submitted was in March for the April edition. In each edition I always changed the discount date. This week I received the May publication and in it was an advert which had an expiry date of March for the month of May, in addition to there being a separate advert using an image for what I was meant to appear in forum April which they forgot to include. They used my images,obtained text from somewhere which they placed on the image and they to print. I had no idea any of this had happened as had not supplied or agreed to any further Advertising with them, I never supplied any artwork, and never agreed to any advertising. They went to print, the magazine has been distributed, I have been invoiced and inside the magazine is two quarter pages one with an expired date advert and the other which contains a bunch of words from somewhere using an image I had provided for something completely different. As a business do I have any rights
Expert:  Jo C. replied 3 years ago.
Are you locked into an ongoing contract with them do you know?
Customer: replied 3 years ago.
No contract is in place. I tend to pay upfront for my advertising. This time I received an invoice with the magazine and they always require upfront payment as I am new to them. I haven't signed anything either.
Expert:  Jo C. replied 3 years ago.
There is a contract in place. It might not be reduced to writing but you clearly do have an oral contract.

Did you agree verbally a certain number of ads?
Customer: replied 3 years ago.
My initial contract was from January until March this year. I extended it for one additional month which was April as they gave me a very reduced last minute space. As far as I was concerned the email I sent at the end of March (where I received the April edition) was meant to contain a spotlight section for my company and it didn't. As the April edition had gone out and I had paid for it, I emailed at the end of March making it clear I wouldn't be participating in any further advertising with them as it was the second time I was meant to appear, and I was excluded. So no written or verbal agreement was in place. For every publication I appear in, I provide new artwork. In May there was a creation of artwork they did which I hadn't seen or approved, or was aware was going on, along with the advert I ran in March with a March expiry date, only it is now in the May edition which has been distributed. They can't find any evidence for May with my agreement for or where I supplied them with new artwork. They are claiming I sent the artwork through for May, only they can't find this particular email in question.
Expert:  Jo C. replied 3 years ago.
Ok.

Are you asking if you have to pay for the May edition?
Customer: replied 3 years ago.
No, I am asking what my rights are given they sent out artwork that has a March expiry date on for a May publication, they created additional artwork and words about a service I offered without my knowledge or approval, and have run both sets of copy without my approval or consent on which is flawed and damaging to my brand and reputation in addition to invoicing me for advising I hadn't agreed to using adverts I hadn't approved.
Expert:  Jo C. replied 3 years ago.
That is more of a copyright issue then which is not my area so i will ask somebody else to look at this for you.

They may respond in the morning now but I will ask somebody to consider it.
Customer: replied 3 years ago.
Hi Jo, thank you for your initial help. Have a lovely weekend.

Liana
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

What else would you like to know?
Customer: replied 3 years ago.
Hi Alex, are you able to provide me on advice about my case Jo has passed over to you?
Expert:  Ash replied 3 years ago.
Yes. So they used images etc, was it for your advert?

Customer: replied 3 years ago.
That's right. They used an image, on top of the image they wrote text about one of my services, included my contact details and website link and went to print. The other advert they used was one I had paid for and ran with in March which had a discount valid until 22/03/14 but this appeared again in the May edition without my authorisation, or knowledge. Both ads in the same publication without my permission and I have received an invoice for this advertising which they created and used flawed copy.
Expert:  Ash replied 3 years ago.
So they used your imagine but gave you an advert, even if that advert was not authorised?

Did they promote anyone else using your advert please?

Customer: replied 3 years ago.
They used a random image, applied text to the image and went to print with this image. They also ran with expired copy and went to print which was old artwork I had provided them with for the March edition, only they used it again for May. I never approved any copy or creative, I never authorised them going to print with my branding or the other image creation. They went to print, the May edition has been distributed, I have been invoiced.
Expert:  Ash replied 3 years ago.
Yes but the ad was for you, is that correct?

Customer: replied 3 years ago.
Yes it was promoting my business or service. Is publishing law an area of yours
Expert:  Ash replied 3 years ago.
Yes I am familiar with it.

In short they can't chagre you for adverts you did not approve. However because the ad was promoting your business you can't them for using the images, if the images used were promoting someone else's business then there would be an IP claim,

But this is your images promoting your business therefore falls into a contractual matter.

If you did not approve the advert and it was wrong then you do not have to pay for it. The contract created I assume gives you the option to approve adverts. If you did not approve and it was wrong then they can't charge you for it,

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.
It's my image they used, but the text they have used isn't mine, and they have made a false statement in the one they created which isn't true. This means they can keep going to print without my permission if they can use my images freely and just invoice me for it which doesn't make sense to me. It is flawed advertising my name and I have no rights when this happens. I don't understand.
Expert:  Ash replied 3 years ago.
Yes but if the ad was for you, then you can only sue for breach of contract that is not paying for it.

If the advert was used for someone else then you could sue for breach of IP.

Does that clarify for you?

Alex

Customer: replied 3 years ago.
Thanks Alex. Have a lovely evening.
Expert:  Ash replied 3 years ago.
And you.

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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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