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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10254
Experience:  30 years as a practising solicitor.
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My query concerns copyright of photographs. In 2011 an

Resolved Question:

My query concerns copyright of photographs.
In 2011 an individual produced a book using my photographs (inherited from my father who died on 10th November 2004) without permission.
I wrote him a letter and he wrote a reply, having first tried to prove they were not my copyright.
I did not stop him selling the book but have not given him permission to use the photographs or any subsequent ones.
He then produced a display in his local c of e church again copying my photographs. This was removed when I contacted the priest, but he has now put up another one
using a doctored image of one of my photographs. The doctored image also appears on the church website, as does the book cover which again contains an image which is
my copyright (a doctored one).
I have asked the priest to both stop selling the book due to continuing breach AND remove my images from their website.
The priest has offered to pray for me but nothing has been done.
I want to 1) Know whether a criminal offence has been committed 2) Stop the individual copying my photographs. 3) Have the images removed from the church website.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Where someone uses copyright material without permission of the copyright owner, that is infringement of copyright under the Copyright Designs and Patents Act of 1988. Presumable you or your father took and made the photographs and that is your claim to the copyright. Infringement of copyright carries with it civil remedies. So you can apply to the court for an injunction stopping the copying and display of the photographs on the church website. If the person infringing the copyright does so in the course of a business he is committing a criminal offence under section 107 of the Act. Happy to discuss further. I hope this helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 1 year ago.
Many thanks for the excellent and swift response.The person who published the book did so to try to provide money for the church. I don't dispute this, and had he asked permission to use the photographs retrospectively permission would probably have been given. However he refuses to ask permission. His manners are his problem, not mine. However he continues to use separate photographs to advertise it. I am not going to go into the morals of this because the last thing I wish to do is harm the church and certainly do not want any money from this. All I want, for family reasons, is for him to stop copying my photographs. My question is now is what he is doing a business, because he is selling the books? This is a bit like a sledgehammer to crack a nut, as all he has to do is ask permission. many thanks. There may be a problem with the subscription i have but i will sort it out shortly
Expert:  JGM replied 1 year ago.
He is carrying on business if he is selling in my opinion.
JGM, Solicitor
Category: Law
Satisfied Customers: 10254
Experience: 30 years as a practising solicitor.
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