Ask a Law Question, Get an Answer ASAP!
Hi, Thank you for your question and welcome. Do you have a signed agreement with Market Management?
Do you keep the negatives or have proof of the prints you sell you belong to you?
no signed agreement but if i do not attend my stall on the saturday or Sunday I still have to pay half rent, thats the agreement with permanent stall holders, I also have the stall in the same position within the market every weekend.
with regard to the prints i have the digital file and the meta data from the camera to prove the image is a photograph taken by me.
Hi, Thank you. Have the market management said they will kick you out?
Ultimately under laws of copyright, you took the photos of generic parts of London and Greenwich. They are you prints and you own the copyright in them.
You are therefore entitled to sell them. There is no monopoly on selling photos of London, as long as you own the copyright in the photos (which you do) or have permission from the copyright owner.
Hi no they haven't said they will kick me out but may try to stop me from selling my prints
The separate issue here is whether the Market Management actually have the power to remove you. If they do then you really do have to abide by the markets rules and regulations of trading.
and ultimately threaten me with kicking me out
with regard to market rules and regulation i haven't broken any
Hi, Thank you. If they were to remove you as a trade normally would they have to give you any notice?
Without a fixed term licence to trade there you are at their mercy.
If they have the power to serve you notice and kick you out, you really need to find some compromise.
Have they put anything in writing?
so if they say i cannot sell a particular print i have no re course to argue
no nothing in writing
is this it!!!!
You are at the market stall under licence -
You pay a fee for that licence
you have no other rights other than the terms of your licence.
what about the fact that i have to pay half rent if i don't turn up does that not have say about my terms with the market management
The licence is not written down - effectively they would have the written to give you one "rent period" notice.
I am afraid only paying half the rent does not give you any extra rights.
Do you know who owns the land you are trading on?
what about my photos and my rights to sell them
WHo owns the management company?
You do have the right to sell your photos as you have copyright in.
The issue with the management company is separate
as you dont have a written license they really do have wide powers to set rules and regulations.
it is run by BNP
Bank N Paribas i think
so they can favour over a casual trader against a permanent trader
What did you sign to become a permenant trader?
i had phone call from the market manager saying would i like to be permanent stall holder
i said yes so that i can turn up set up my stall with out having to que with casual traders in the morning and have the same stall
They did not ask you to pay anything?
my commitment is that i still pay half rent if i don't turn up
Have you actually asked them to confirm what the sanction will be if you continue to sell the prints?
not yet trying to prepare my self with the legal aspect if they do
The legal aspects are that you are entitled to sell the prints as you created them and you are the copyright owner of them. There is also no monopoly on selling pictures of London.
As a separate if the Market Manager has some policy reason or rule for not letting you sell them that is different.
I would try and avoid that point and just assert that you are only selling your copyrighted pictures.
There is no policy as far as i know it is because i am selling my work at a greatly reduced price and the other trader is kicking off with the i am copying him ruitine
I am afraid there is nothing he can do other than complain to the market trader. You own the copyright in the pictures and you are entitled to sell them.