The Daily Mail's online picture editors have been accused of publishing a photographer's images despite being denied permission to use them
Author: Olivier Laurent
17 Aug 2011 Tags: Daily mailCopyright
Alice Taylor, an amateur photographer, has accused Mail Online of using her images without authorisation, and published on her blog a series of emails she exchanged with one of the paper's picture editors.
Taylor first published her images, which show skinny mannequins displayed in Gap stores, on her blog, before seeing the story picked up by the Washington Post. The US-based newspaper emailed Taylor "asking permission to reprint, and asked for a quote or two. I said yes. I sent them a further pic, too," says Taylor. "Then the Daily Mail got in touch."
According to Taylor, a picture desk staffer named Ariel Ramerez asked, on 15 August, for permission to use the images, which Taylor agreed to if Mail Online donated £250 to a charity of her choice. Ramerez allegedly answered: "Unfortunately, your listed price far exceeds our budget - which also comes in $. We'd be happy to make the donation however we would need it to meet our budgetary constraints."
In response, Taylor denied permission for Mail Online to use her images.
Later that evening, Taylor found that Mail Online had ignored her and published both of her images. Taylor has now contacted the newspaper's picture desk asking for compensation for infringing on her copyrights.
Ramerez did not respond to BJP's request for comment. UPDATE 18 August at 3pm: A Daily Mail spokesman tells BJP that the situation "has now been resolved". Taylor has yet to confirm this.
Speaking to Amateur Photographer magazine, an Intellectual Property Office spokesman confirms that "the same type of copyright rules apply on Twitter. If people upload photos, and others want to use them, they should get the copyright owner's permission." [Read Amateur Photographer's report]
As extensively reported by BJP, it's not the first time that the Daily Mail and Mail Online have been accused of infringing on photographers' copyright. Currently, the Associated Newspapers' properties are being sued by Mavrix Photo, a Los Angeles and Miami-based celebrity photography agency.
Mavrix Photo alleges that the newspaper used up to 10 of its images without authorisation. In court documents seen by BJP, Mavrix says the Daily Mail, with the assistance of its online picture editor, Elliot Wagland, has "a history of copyright piracy conduct. Indeed, the pattern and practice of Defendants is to ignore the demand of photo agencies or photographers to agree to rates before use and to simply take the pictures and use them without compensation or to then offer token compensation."
Wagland has, in the past, argued that images published on social networking such as TwitPic, were in the public domain. After BJP contacted, the Daily Mail's managing editor Alex Bannister,the newspaper moved to reaffirm that it was not the newspaper's policy "to breach photographers' copyrights."
For more coverage, read our previous Daily Mail articles here.
Okay, a little surprised that they would argue Twitter links are free domain. I really feel for the photographer. How low can you go? When approached she offered up the rights in a noble way. She wasn't looking to make money off of it but instead requested a small donation to a charity of her choice, which is a tax deduction for them.
They stole photos from my blog
http://www.partoftheplan.org
and I am currently in the middle of sorting it all out. They have refused to pay me or even offer me a reasonable amount. I have had to go through the small claims court, and I am still awaiting a reply. People need to push further and persevere with claiming money back for the use of their photos. Especially for the Daily Mail who have now done this on too many occasions.
...and so that you do have a leg to stand on, make sure you state your retention of copyright and your contact details in the exif data on every photo you post.
Some sites don't want you to do that. I wonder why????
Daily Mail ripped image from blog and refuse to communicate wit me.
Friday Feb 3rd 2012 an image of mine was lifted from a blog and printed in both the Daily Telegraph in print and online and the Daily Mail again both print and online version of the publication. i contacted the telegraph immediately and they apologized and offered payment straight away. The Daily Mail has refused to answer all 3 of my emails and I have had no success talking to the picture desk on the phone. Im happy to pursue this matter further to try and help stop this common practice of the Mail. Im seeking advice and wondering the best way to pursue this matter further.
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