Evening Standard's "heat of the moment" decision could constitutes copyright infringement

Copyright across the omage, big letters

All the more reason to splash a big fat copyright notice or email address right over any photo that could be construed as newsworthy. That way, no excuses. If an agency If a news agency tries to 'shop it out for publication, that's a very deliberate action. If they say "could not contact" well that is a load of rubbish. A lot of people who take and immediately upload stuff like this live on their devices. And if it comes from Instagram. Twitter - there are comment fields on IG and Direct message on Twitter. To say "we could not contact" holds no water.

Good for Jenner..

Good for Jenner

"Sure, it's ok you used it, but I want 5000 quid for it".

win-win ?

Better late than never, they did it with me too...

It is a pity see a newspaper do this kind of "smart" decisions. They had done the same with one of my twitter's pictures, publishing without my authorisation. I informed myself with lawyers and the compensation didn't justified a legal action. It is a fight of the big against the small with a traditional winner. Moreover, as my picture was used without my authorisation more than a year ago this unquestionably is a current practice on Evening Standard, meaning that the "heat of the moment" decision can not so "heat" as they have done it before and have a lot of time to think about!
Shame on you unethical newspapers!

Try that elsewhere

I must try the "Standard defence" in the local supermarket; grab dinner, walk out, eat food - if they want paying I'll be happy to cough my standard rate for dinner of 5p. Irrespective of the legality, what papers like the Standard get away with on a daily basis is morally repugnant, and a legal system that makes such theft unlikely to attract meaningful sanction is not fit for purpose.

Take Away

A newspaper claiming it couldn't find a photograph's author before it went to press is the same as me walking out of Currys with a 42" TV because I couldn't find a cashier before the football came on.