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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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Hi I am a photographer and a permanent stall holder in Greenwich

Customer Question

Hi
I am a photographer and a permanent stall holder in Greenwich Market, London.
I sell my original prints of greenwich and london in frames to the general public.
I am under pressure form the market management to stop me from selling my prints because another casual trader sells similar prints and has accuse me of copying his images.
This accusation totally false and in accurate.
I sell my framed prints for a fraction of the cost compared to the other trader and this is about price.
The other trader is trying to stop me from trading because of the price issue.
The Market management appear to be siding with the other trader.
what is my legal standing in this matter
Many thanks Mike
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.

Alex J. :

Hi, Thank you for your question and welcome. Do you have a signed agreement with Market Management?

Alex J. :

Do you keep the negatives or have proof of the prints you sell you belong to you?

JACUSTOMER-tno1mzd9- :

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.

JACUSTOMER-tno1mzd9- :

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.

Alex J. :

Hi, Thank you. Have the market management said they will kick you out?

Alex J. :

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.

Alex J. :

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.

JACUSTOMER-tno1mzd9- :

Hi no they haven't said they will kick me out but may try to stop me from selling my prints

Alex J. :

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.

JACUSTOMER-tno1mzd9- :

and ultimately threaten me with kicking me out

JACUSTOMER-tno1mzd9- :

with regard to market rules and regulation i haven't broken any

Alex J. :

Hi, Thank you. If they were to remove you as a trade normally would they have to give you any notice?

JACUSTOMER-tno1mzd9- :

dont know

Alex J. :

Without a fixed term licence to trade there you are at their mercy.

Alex J. :

If they have the power to serve you notice and kick you out, you really need to find some compromise.

Alex J. :

Have they put anything in writing?

JACUSTOMER-tno1mzd9- :

so if they say i cannot sell a particular print i have no re course to argue

JACUSTOMER-tno1mzd9- :

no nothing in writing

JACUSTOMER-tno1mzd9- :

hi

JACUSTOMER-tno1mzd9- :

is this it!!!!

JACUSTOMER-tno1mzd9- :

no reply

Alex J. :

Hi,

JACUSTOMER-tno1mzd9- :

Hi Alex

Alex J. :

You are at the market stall under licence -

Alex J. :

You pay a fee for that licence

Alex J. :

you have no other rights other than the terms of your licence.

JACUSTOMER-tno1mzd9- :

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

Alex J. :

The licence is not written down - effectively they would have the written to give you one "rent period" notice.

Alex J. :

I am afraid only paying half the rent does not give you any extra rights.

Alex J. :

Do you know who owns the land you are trading on?

JACUSTOMER-tno1mzd9- :

what about my photos and my rights to sell them

Alex J. :

WHo owns the management company?

JACUSTOMER-tno1mzd9- :

greenwich hospital

Alex J. :

You do have the right to sell your photos as you have copyright in.

Alex J. :

The issue with the management company is separate

Alex J. :

as you dont have a written license they really do have wide powers to set rules and regulations.

JACUSTOMER-tno1mzd9- :

it is run by BNP

JACUSTOMER-tno1mzd9- :

Bank N Paribas i think

JACUSTOMER-tno1mzd9- :

so they can favour over a casual trader against a permanent trader

Alex J. :

What did you sign to become a permenant trader?

JACUSTOMER-tno1mzd9- :

i had phone call from the market manager saying would i like to be permanent stall holder

JACUSTOMER-tno1mzd9- :

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

Alex J. :

They did not ask you to pay anything?

JACUSTOMER-tno1mzd9- :

my commitment is that i still pay half rent if i don't turn up

Alex J. :

Have you actually asked them to confirm what the sanction will be if you continue to sell the prints?

JACUSTOMER-tno1mzd9- :

not yet trying to prepare my self with the legal aspect if they do

Alex J. :

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.

Alex J. :

As a separate if the Market Manager has some policy reason or rule for not letting you sell them that is different.

Alex J. :

I would try and avoid that point and just assert that you are only selling your copyrighted pictures.

JACUSTOMER-tno1mzd9- :

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

Alex J. :

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.

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