International Award Winning Wedding Photography & Cinematography by Nick Grove

Recently I discovered my wedding photographs being used on a local wedding venues website without my knowledge. It’s not the first time my wedding photographs have been used illegally and probably won’t be the last either but I thought I’d share my experience with you-

Even though I had photographed many beautiful weddings at said venue I hadn’t been able to get on their books as a recommended wedding photographer (They have one of these policies of recommending photographers based on the commission they receive rather than on merit), and yet here they are using my images to promote their wedding venue without so much as a mention!

As I know the wedding planner at this particular wedding venue well I put in an email letting her know of the Copyright Infringement and that I was happy for my photographs to be used as long as I could get on their books as a recommended wedding photographer or at least an accreditation along side my photographs.

I also researched Copyright Infringement law just to be sure of my position and the actions I could take. I found a lot of useful information regarding copyright law relating to photographers which I want to share with you-

The following information was taken from the- Copyright Infringement fact sheet from UK Copyright Service.

Here are the basics for my situation-

1. Contact the infringer – The first step is to make the infringer aware of your objection and put forward a reasonable settlement and time scale to reach the settlement. In your letter you should include:
   • The name of the work(s) you are objecting to.
   • The reason why this is an infringement, i.e. an unauthorised copy, adaptation etc.
   • State that you believe this act constitutes an infringement. That your work is protected under law and that this constitutes a breach of your legal rights.
   • State that this is unacceptable and must stop.
   • State what action is required to resolve the dispute, usually you would request the withdrawal of all copies of the work, (and any other encroaching materials).
   • Specify a deadline for your conditions to be met (28 days is a typical period).
   • State that you are seeking legal advice and that the case will be pursued if they do not comply with your request within the time period.

   It is normal to simply request the withdrawal of all infringing work as the first course of action, if however you believe that you are entitled to financial remuneration, such as damages or royalties, then contact a solicitor immediately.

2. Important points to note
• If the infringing material is being published on-line, also contact the service provider(s) for the site to let them know of the infringement. This may be:
  • An online service provider that hosts the site, or
  • The company that providing the network access for the site

  In many countries an Internet Service Provider can also be liable if they knowingly allow infringement on their systems to continue, so they will often act swiftly to remove the offending content if the site owner does not.

• Wherever possible, keep a dated copy of the infringing material, (and ideally also send this to your solicitor). This will ensure that you always have evidence of the infringement in case of future problems.
• Keep a copy of all correspondence you send or receive.
• Do not enter into negotiations yourself, unless you are certain what you agree is in your interest.
• Do not sign any contracts or agreements unless you are certain what they involve.
• If you are in any doubt, or do not receive satisfaction, speak to a solicitor.
• If you are a trading company, and your work is being used by a competitor with a similar name, though not directly a copyright claim, if you can establish that you were there first, then the infringer may also be guilty of trading off your name or reputation.
• Always remain calm and courteous in your correspondence, do not allow yourself to get drawn into heated argument or debate. A professional and fair attitude will be a credit to you in the long run.

Please read the whole fact sheet here before you take any action!

The offending wedding venue has now taken down my photographs. I received a rather disappointing email from my contact there who was more concerned that I had hurt her feelings by complaining.

I let her know again how happy I would be for them to use any of our wedding films or wedding photographs to promote their wedding venue as long as  we could just get a mention at least.

I received no reply.

What can you do!