WWW.TELEGRAPH.CO.UK - photos used without my permission

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    Thurdsay afternoon update: the case has been resolved. The Telegraph apologized for this incident and offered me a fair compensation. The whole situation has been handled by them properly and professionally. I am not going to spend any more time on that, it gives me only a headache. I am glad it has been solved rather quickly.

    Flickr people: Thank you for your help and advices. I hope cases like that will not happen to you and if they do you'll know now how to handle them.

    Thursday update: it seems that the feature has been removed from their website


    I was just informed by some friends that my photos are featured on the website of the Telegraph newspaper, one of the British national papers.

    Without my permission again, after being used on some Hungarian website WITHOUT my permission and even without crediting me. I have seen these pictures in so many places after being stolen by that Hungarian website.

    and these notes on the telegraph website under photos are something :
    "The pictures show young people in St Mary Street fighting, vomiting, urinating and having sex surrounded by other people amid a townscape strewn with rubbish. "

    well, I haven't seen or photographed people having sex on St Mary street yet.

    carlmorris, mahonyweb, tombeardshaw, and 4 other people added this photo to their favorites.

    View 20 more comments

    1. mclarenjk 61 months ago | reply

      I hope the UK never goes down the route of having to get permission of people in photographs. It's already getting hard for photographers to take shots of certain public buildings, policemen etc etc. Maciej breaks no laws here as it stands, and long may it remain that way - street photography and reportage is a vibrant, vital photographic discipline.

    2. Kay von Aspern [deleted] 61 months ago | reply

      You lucky guys. I really didn't know that these laws in the UK are so photographer friendly in relation to other countries.

    3. local man 61 months ago | reply

      congrats on a decent resolution Maciej,,

    4. David Solomons 61 months ago | reply

      @ Kay: you are obviously unaware of recent legislation that makes photography in the UK more restrictive than many other countries.


    5. Kay von Aspern [deleted] 61 months ago | reply

      @David, thank you for the link. And excuse me for not regular reading UK news and every photographic blog.

      Yes, it's a shame and a tragedy what happened there and I of course do unterstand what you mean. There is nothing more to say about it.

      But besides not to be allowed to take pictures of police, it seems - correct me if I have a wrong understanding - to be allowed of taking pictures of people without permission of them and its allowed that this pictures will be published. I think it's a very good thing to demonstrate against this "don't take pictures of the police" thing, because I can imagine that this could be just a starting point for further restrictions and loss of public photographic liberty. And that's the point we have in many other countries yet. For example in Germany or Austria or France it's strictly forbidden to take any (!) pictures in public places of people without their permissions. So actually compared with this, the UK street photographer has much more freedom with that. But also let me say it clear: The recent UK legislation of not being allowed taking pictures of police is a big problem. And by the way: I don't think it helps fighting against terrorism.

    6. Shutterfever 61 months ago | reply

      @Freudus - Glad you are so honest. Actually, the BBC has done this to me. They sent me an email asking to use the soundtrack of one of my videos, but didn't wait for a reply before broadcasting it on national radio. This is why I am cynical.

    7. AndyKowalik 61 months ago | reply

      Good to hear the Telegraph offered a reasonable price for use of your pics. And, you're right, it could just as easily been pictures of flowers in your garden. Copyright is copyright. Some easily forget that in this digital world.

    8. lyntaff 61 months ago | reply

      I seen your images in the Sunday Sport in my local club on the weekend.

    9. Maciej Dakowicz 61 months ago | reply

      the Sunday Sport ? what is this?

    10. Moochin Photoman 61 months ago | reply

      Maceij....if true you can take the SP to the cleaners, its a rag of a paper who wouldn't hesitate to do you first......get to the library first thing and look em up.
      Please feel free to delete this comment but get into 'em and no holds barred either.

    11. local man 61 months ago | reply

      ha! this is amazing the theft of Maciej's images has gone viral!

    12. carlmorris 61 months ago | reply

      It's a bit cryptic of the Telegraph to just pull the page and have an error 404, not to mention confusing for people who go there.

      It should say "This page is blank because we've pulled some photos after originally using them without the owner's permission"...!

    13. tijo 61 months ago | reply

      Time to work with a lawyer Maciej. The SS is essentially a porn rag.
      www.britishpapers.co.uk/redtops/sunday-sport/ (info link added)

    14. papalamour 61 months ago | reply

      They are owned by this person...
      a racist, sexist rag... they are low-life. Good Luck

    15. Maciej Dakowicz 61 months ago | reply

      Can anybody get hold of a copy of this Sunday Sport?

    16. David Solomons 61 months ago | reply

      You could try some local newsagents or WHSmith but it's likely that their remainders will already have been returned, in which case you'll have to ask the Sunday Sport directly for last Sunday's copy.

    17. Account inactive go to: www.jamesdodd.net [deleted] 61 months ago | reply

      sunday sport is the cream of the crop mate... you've made it to the big time.

      you're gonna need this:

      get calling to get you're money and pitch the fuck out of it while you have chance.

    18. Lionel K. 61 months ago | reply

      @Kay von Aspern ("For example in Germany or Austria or France it's strictly forbidden to take any (!) pictures in public places of people without their permissions.")

      Sorry but you're not right here. At least concerning Germany. The German right doesn't explicitly forbid the "taking" of a photograph in general but the publication and the exhibition of (particular) pictures. It really depends on the intention of the photographer: if you're e.g. a journalist working for a newspaper it's necessary to ask the photographed persons for their permission to publish the pics (mass events excluded).
      When you're not hired by anybody but yourself being committed only to the “higher art's sake” and therefore not chasing after money it IS allowed to take and publish pictures of people in public areas. The crucial point here is that you have to prove that you’re an artist and that your first goal isn’t making money with these photographs (cp. § 22/23 KunstUrhG). The legal playground of street photography in Germany can best be described as a foggy grey area…

      Nevertheless it’s generally correct that the German legislation is much more focused on the personal rights of photographed people – compared to US or GB legislation for instance. And this btw might be a reason for the bigger possibilities of street photography concerning exhibitions and publications in GB.

    19. Kay von Aspern [deleted] 61 months ago | reply

      @Lionel, yes I know the "artist paragraph". But this theory. In praxis nobody (so far) had been seen as an artist when it goes to justice. In the best way you have to remove your picture from the public. But in most cases you will be ordered to pay very high amounts of money (could be very fast several 1000 €). In fact you have to be stupid and/or an idealist if you are a street photographer in Germany or Austria.

    20. mofo 58 months ago | reply

      I was alerted to your story by a Flickr contact. I need to read up on how you handled this.

      I have spent just a few days in a special kind of hell. You can see a little about it here, although some of the most outrageous posts (by the webpage editor himself) have now been deleted because his comments on other images of mine were becoming very abusive.

      I look forward to seeing the details of your story, and it's very nice to step in already knowing there's a happy ending. :-)

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